Your Human Rights Lawyers in Germany


Legal Solutions made in Germany

Human rights law is held to be of the utmost importance in Germany. Human rights are rights which are considered to apply to every person and apply to not only German citizens in Germany, but everybody. As such, human rights apply to each individual regardless of their gender, sexual orientation, origin, citizenship status or ideology.

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Protect Your Human Rights: Expert Legal Advice

Germany has signed up to the European Convention on Human Rights (ECHR) as well as the UN’s Universal Declaration of Human Rights – Human Rights Charter. Germany’s commitment to human rights is also in evidence from § 1 German Constitution (Das Grundgesetz (GG)) which states:

  • (1) Human dignity shall be inviolable. To respect and protect it shall be the duty of all state authority.
  • (2) The German people therefore acknowledge inviolable and inalienable human rights as the basis of every community, of peace and of justice in the world.

The violation of human rights is a very serious issue. At Schlun & Elseven, our lawyers advise and support clients in their cases involving human rights violations. On this page, we will highlight aspects of human rights law in Germany, however, the information provided here does not equal specialised legal counsel. With the assistance of an experienced legal professional, we can help you navigate through the requirements of German law in order to allow your case the best chance of success. Contact us today using the contact form below this article. Our human rights lawyers look forward to working with you.

If your human rights are being interfered with or restricted, seek legal counsel

Contact us now to find out how our human rights lawyers can help you.

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.


Human Rights Lawyers: Our Services

Our human rights lawyers will work alongside you in pursuing your case against human rights violations. Our legal team has worked alongside our clients in pursuing their claims against state bodies and government institutions. We provide our clients with the guidance they need and aim to ensure that injustices are railed against. With our lawyers on your side, you can expect expert legal counsel when it comes to:

  • advising you on your legal options,
  • creating a strategy for any legal cases,
  • gathering and preparing evidence of your claims,
  • adhering to court requirements with paperwork and deadlines,
  • advising clients on extradition law,
  • support through the asylum process,
  • in-court representation,
  • appeal preparation.

The above listed are just some of the services we provide in this field to individuals. For companies we provide additional services such as:

  • Design policies and compliance systems which are in agreement with human rights law,
  • Advise on anti-discrimination procedures,
  • Provide legal counsel on whistle-blowing procedures and develop grievance mechanisms,
  • Audit and anaylse existing procedures and provide professional advice,
  • Advise professional regulatory bodies on regulation and disciplinary resolutions,
  • Support during internal company investigations,

Contact our human rights legal team today to find out more about how we can help your company to comply to its human rights obligations.

Practice Group for Human Rights Law

Aykut Elseven Lawyer

Aykut Elseven
Lawyer

Dr Tim Schlun - Lawyer

Dr. Tim Schlun
Lawyer

Philipp Busse - Lawyer

Philipp Busse
Lawyer

Sandra Zimmerling - Lawyer

Sandra Zimmerling
Lawyer

Abschira Kontny - Lawyer

Abschira Kontny
Lawyer

Contact our Practice Group for Human Rights Law in Germany

Full-Service Law Firm in Germany

At Schlun & Elseven we are a full-service law firm in Germany. We provide comprehensive assistance to our clients whether they are private individuals or companies. Such comprehensive assistance comprises both in-court representation and out of court advice and counsel. Our lawyers provide all services in English as well as German to ensure that the communication does not get lost in translation. We advise clients from our offices in Cologne, Düsseldorf and Aachen as well as our offices in Berlin, Hamburg, Stuttgart, Frankfurt and Munich. Available nationwide we advise clients from all over the world.

If you have a legal issue in the field of German human rights law, then do not hesitate to contact our legal team today! Once we have the details of your situation, we can start working on your legal case together.  You can contact us by using the contact form below this article or through phone / email. Our human rights lawyers look forward to working with you.

ONLINE ENQUIRY

Use our form below to set out your human rights law legal issue. After receipt of your enquiry, we will give you a brief preliminary estimate on the basis of the facts as explained by you, and will send you a quotation. You can then decide whether or not you want to instruct our human rights lawyers in your case. This service is free and without obligation.

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Locations & Contact


Office Hours

Mon. – Fr:
09:00 – 19:00 o’clock
24h Contact:
+49 211 882 84196
E-Mail: info@se-legal.de

Appointments only after
telephone arrangement.

Aachen

Schlun & Elseven Rechtsanwälte PartG
Von-Coels-Straße 214
52080 Aachen (Eilendorf)
Tel: +49 241 4757140
Fax: 0241 47571469

Cologne

Schlun & Elseven Rechtsanwälte PartG
Kyffhäuserstr. 45
50674 Köln
Tel: +49 221 93295960
Fax: 0221 932959669

Dusseldorf

Schlun & Elseven Rechtsanwälte PartG
Königsallee 60F
40212 Düsseldorf
Tel: +49 211 882 84196
Fax: 0221 932959669

Conference Rooms

Munich 80339
Theresienhöhe 28

Hamburg 20354
Neuer Wall 63

Berlin 10785
Potsdamer Platz 10