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Human Rights in GermanyOne of the most sacred functions of German law today is to protect human rights in Germany. Because of the horrors of The Holocaust, as well as the many freedoms that were lost during the fascist dictatorship of Adolph Hitler, the German Federal Republic has specifically outlined protections for these rights in its constitution. They are also known internationally for their high level of human rights protection, and they have signed more international human rights agreements than any other nation. Amnesty International, an independent group that evaluates countries’ stances on human rights, praises the outstanding level of protection enjoyed by human rights in Germany. However, they also indicate that there are several areas where German policy could use some work. The German constitution, which was ratified shortly after World War II in 1948, exclusively protects human rights in Germany using strong, direct language. The constitution bears an “eternity clause,” which can never be amended, that says human dignity is “inviolable,” a blanket statement that protects all human rights, and has been applied successfully to violations in German courts. Many of the freedoms that the American Bill of Rights protects are also protected by German law, such as the Freedom of Speech, the Freedom of Assembly, the Freedom of the Press, and custody rights for those accused of crimes. Many of the laws that protect human rights in Germany have interesting permutations. For instance, although freedom of speech is protected, there is a law on the books that specifically forbids the denial of Nazi war crimes and atrocities. Also, in Germany, a prisoner who has been found guilty and served his sentence may be held as long as the courts deem necessary, if an expert witness feels that the prisoner in question represents a danger to society. The Freedom of Assembly can be withheld or suspended by local authority if they view the assembled group as a public safety hazard, a caveat that has frequently been invoked in the case of Neo-Nazi rallies. In contrast, the ACLU has routinely defended freedom of assembly and freedom of speech for Neo-Nazis in America, guaranteeing everyone’s right to be heard. Some of the areas where human rights in Germany have been lacking are freedom of the press, freedom from surveillance, police brutality, and the treatment of refugees. There have been many scandals involving these freedoms, including one where the government staged a raid on a newspaper office that was suspected of leaking state secrets. There have been a few incidents of police brutality and racist hate crimes, along with the mistreatment of refugees. Many who sought asylum in Germany were deported to countries where their safety would be compromised, such as Afghanistan, Iraq, and Kosovo. The German government also has no qualms with putting its citizens under surveillance if they feel the person in question represents a danger to society, but this is not uncommon in today’s world. |