Human Rights Law in Germany
Human rights in Germany are derived from birth. They apply to all and are protected at the very highest level of German law, namely das Grundgesetz / the German Constitution. The German Constitution provides for a number of human rights including:
It is also through various other national laws, regulations, guidelines and other mechanisms that Germany seeks to defend human rights.
Human rights violations can occur in a wide variety of manners and should be legally pursued where such activity has a detrimental impact on you. Although Germany emphasises the protection of human rights, it is not perfect. Violations can occur through police violence, discrimination in the workplace or by state institutions, in extradition proceedings or in rejecting asylum claims.
Should you experience a violation of your human rights, you can seek to resolve the issue through application procedures, through formal complaints and other administrative action. However, should these mechanisms not resolve the issue, or if the violation is of a higher level, legal action may be pursued. Making the decision to pursue legal action can eventually lead to your case being brought before the Federal Constitutional Court of Germany. At this level, having an experienced human rights lawyer in your corner is a requirement. Our human rights lawyers have the experience you need to help you construct a strong case and to bring it before the relevant courts.
Human Rights Law and Extradition
At Schlun & Elseven our legal team provides extradition services to clients around the world, not just in Germany. Where a person who seeks permission to enter or remain in Germany is refused, considerations must take place regarding whether the decision in question breaches their human rights. This may be the case where the safety of the individual is put in danger by the refusal to allow them to stay in Germany. Such dangers may include potential execution or torture, which are breaches of the individual’s human rights. Alternatively, the case pursued against the individual is based solely on political reasoning rather than legal reasoning. In such a circumstance, the individual may once again be put into danger by being forced to return. There are a number of reasons by which an extradition order may be deemed to be inhumane. Our lawyers are extradition law experts and can relate the legal requirements to your individual case.
Our lawyers work with clients from all over the world in their pursuit of righting injustices. Our lawyers have experience of contesting Interpol Red Notices and having success in overturning them. Such Interpol Notices can appear on the face of them to be within the legal requirements while not adhering to them in reality (see our successful Removal of Interpol Red Notice: Russian Case here). If you have further concerns or need legal advice due to an impending extradition case, make sure to contact our lawyers today!
Restrictions of Human Rights
Human rights can be restricted in certain circumstances. According to § 18 GG there are a number of rights which can be forfeited should the individual use them to “combat the free democratic basic order” of Germany. This applies in more extreme cases and refers to the freedom of the press, the right of assembly, the right of asylum and the right of freedom of association. Otherwise, restrictions of other freedoms can be put in place where there are objectively qualified and legitimate reasons for doing so. Examples are:
- Maintenance of national security and public order
- Prevention of criminal acts
- Protection of health or the rights and freedoms of others
Such an act cannot be arbitrary, and it must be an act which is applies generally, and thus not solely in your individual case (§ 19 GG). The way your rights are restricted must also be proportional to your action and those who are restricting your human rights must have a good reason for doing so.