Cabinet adopts child rights passage

www.n-tv.de
20 January 2021

There is a lot of controversy on this topic, but finally the coalition agrees on a compromise that should anchor the rights of children in the Basic Law. The change in the law is now being passed through the Federal Cabinet. But she could fail at the next hurdle.

The federal government wants to strengthen the rights of children and has initiated an amendment to the Basic Law. The federal cabinet decided in Berlin that children's rights should be expressly included in the constitution. However, it is uncertain whether the project will result in anything, because two-thirds majorities in the Bundestag and Bundesrat are necessary for amendments to the Basic Law.

The grand coalition is therefore dependent on the approval of the opposition, which has already expressed itself critically - either because the project goes too far or not enough for it. "Children are not little adults. They are particularly vulnerable and have special needs," said Federal Justice Minister Christine Lambrecht.

Anchoring in the Basic Law

Children are demanding more rights in front of the Bundestag

"This will now also be expressly recognized in the Basic Law." According to the government draft, Article 6 of the Basic Law, which regulates the relationship between parents, children and the state, is to be supplemented with the following passage: "The constitutional rights of children, including their right to develop into independent personalities, must be respected and protected The best interests of the child are to be adequately taken into account. The constitutional right of children to be heard must be upheld. The parents' primary responsibility remains unaffected. "

More weight for children's needs

In their coalition agreement, the CDU, CSU and SPD had resolved to expressly include the rights of children in the Basic Law for their joint term in government. Child protection organizations have been calling for this for years. The proponents argue that the constitution will give the concerns of children a whole new weight and should always be taken into account - for example in legislation or in practical terms when planning whether a playground or a gas station is to be built in a location whether a bypass will be built around a housing estate. There was a long dispute between the Union and the SPD over the specific design and clarity of the wording. Politicians from the CDU and CSU had expressed fears that the state would intervene too strongly in families.

GroKo struggles hard to find a compromise

Agreement on children's rights in the Basic Law

CDU politician Marcus Weinberg called the compromise found "successful and balanced". He makes children's rights visible in the Basic Law and at the same time preserves the primary responsibility of parents. Parental rights continue to take precedence over state powers. Family Minister Franziska Giffey also welcomed the decision and spoke of a "historic day".

The compromise that has now been found is generally welcomed by child protection organizations such as UNICEF or the German Child Protection Association, but the formulation is also criticized as clearly too weak. Greens and leftists are also calling for changes here, such as real participation rights for children so that they can participate in political, social and economic processes and their interests are taken into account. On the other hand, in addition to the Union, FDP politicians had warned against too strong formulations. The AfD rejects the planned amendment to the Basic Law.

Lambrecht said the inclusion of children's rights in the Basic Law could become a reality this year. One should not let this historic opportunity slip by. "For this we need a broad parliamentary majority, which we can only achieve with a constructive attitude and a willingness to compromise on the part of all those involved."