Deutschauf Deutsch: http://home.broadpark.no/~wkeim/files/familienrecht.htm

 

Family Rights

Both governments and embassies have approached Germany for many years because of international family and child conflicts. Now the European parliament will deal with such questions. Especially foreign parents have had dramatic conflicts with German Jugendamt and courts.

Foreigners report report to be shocked meeting German administration and courts e. g. not having even heard when decisions were made and of many other forms of unfair treatment. 5 German states are the last states in the civilized world to deny freedom of information i. e. the "Right to Know" or access to public information. While Germans have been subject to these denials for ages (Appendix D, E), foreigners are used to these civil rights and do not accept human right violations. 

German judiciary lacks independence (Art. 6 European Convention on Human Rights and Fundamental Freedoms) to protect citizens rights and human rights against the "Jugendamt" and other authorities. Judges in federal states are hired, promoted and supervised by the governments. Independence of the justice system is considered basic for a democracy and regulated with international law (Appendix C, D).

In direct contact with administration the right to good administration according to Recommendation 1615 (2003) of the Parliamentarian Assembly of the Council of Europe and CoE Recommendation Rec(2007)7 on good administration and Charter of Fundamental Rights of the European Union in EU is missing in Germany, i. e.

According to CoE RECOMMENDATION No. R (85) 13 an independent Ombudsman for public administration should be empowered "to investigate and give opinions when human rights are involved". Germany is the only country in Europe which "reserved the right to comply with it or not" (Appendix E). The Parliamentary Assembly confirms in in Recommendation 1615 (2003) the importance of the institution of ombudsman within national systems for the protection of human rights and the promotion of the rule of law, and of its role in ensuring the proper behaviour of public administration (Appendix F).

Administration and Jugendamt are not subject to investigations and control of an independent ombudsman. German authorities claim that courts guarantee the rights of citizens. However most victims do not risk to go to court, because of costs. 

But German judiciary lacks independence according to Art. 6 European Convention on Human Rights and Fundamental Freedoms (ECHRFF)) to protect citizens rights and human rights against the "Jugendamt" and other authorities. Judges in federal states are hired, promoted and supervised by the governments.

When administrative courts were founded, there was no supervision of judges, because it would have been a disadvantage for citizens who complain against the administration lead by the government. However the dictator Hitler added supervision of courts. Before the Prussian administrative courts (Preußischen Oberverwaltungsgericht) have been without supervision since 1875, as well as e. g. administrative courts in Saxony. But § 7 sentence 1 of the first regulation ("Durchführungsverordnung) of 29. April 1941 of the decree of the fuehrer ("Führer-Erlass") on the establishment of the administrative court of the Reich (Imperial Law Gazette RGBI I S. 201: Erste DV = RGBl I S. 224) gave the minister of justice of the Reich supervision rights.

Today a majority of both law scientists, lawyers and politicians defend this invention of the dictator Hitler of supervision of judges.

1939 the organisation of the Jugendamt was changed. The Mayor became the head of the Jugendamt, which was not changed after the war. Administrative complains ("Dienstaufsichtsbeschwerde") against the Jugendamt do not give the right to a that an answer within reasonable time giving reason.

Unfortunately the German press does not inform the public about human right violations and lack of independence of judges, but gives the impression that Germany has the best justice system in the world.

Three dozen petitions to German parliaments to abandon rules from the Third Reich in favour of international law did not help.

Unfortunately the German press does not inform the public about human right violations and lack of independence of judges, but gives the impression that Germany has the best justice system in the world. Therefore politicians preferring "Third Reich" rules over international law still get elected.

The human right of access to public documents is international considered a precondition for democracy:

Transparency is important to fight corruption. The lack of transparency can be illustrated by these facts:

The National Integrity Report (NIS) is part of an initiative of the European Commission in the fight against corruption. In January 2012, Transparency Germany published the NIS Report : - 84 weaknesses in the fight against corruption (Appendix T). Germany has to improve the federal FOI law, adopt FOI laws in 5 federal states (Bundesländer), ratify CoE and UN conventions against corruption and improve transparency of  sideline jobs for members of parliaments and funding of political parties to catch up with other states (see weakness no. 2, 3, 4, 8, 34, 35 and 52 of the NIS)

This rejection of the human right of access to information and transparency in Germany is outstanding in EU, Europe and the civilized world.

Therefore the European Court of Human Rights (ECtHR) is important. In Article 8 of the ECHRFF family rights are protected. Article 10 ECHRFF secures Freedom of Information. However the ECtHR has an overload of cases and demands that all domestic remedies must be tried first. i. e. national courts up to the highest level. The costs of domestic remedies are high, because a lawyer has to be hired for higher courts.

The Human Rights Commissioner of the Council of Europe visited Germany and published the report CommDH(2007)14 with many suggestions, i. e. promote independent extrajudicial complaints bodies and educate judges and administration in human rights (Appendix H). However the national parliament Bundestag rejected even to discuss (Appendix L) these suggestions and petitions to 11 local parliaments where rejected (Appendix I).

But Article 2 of the Treaty on European Union reads:

"The Union is founded on the values of respect for human dignity, freedom, democracy, equality, the rule of law and respect for human rights, including the rights of persons belonging to minorities." 

Unfortunately only new members are evaluated and must adopt these norms. Germany violates e. g. the following international principles:

25. April 2013 the human rights situation of Germany was reviewed by the Human Rights Committee. 96 states gave their comments and made approx. 200 recommendations e. g. about the Jugendamt.

Letters and answers:

 

Internet Publications

Parents are using the Internet to inform.

Sorry in German only:


Appendix:

  1. Letter of 15. February 2007 of the German Federal Ministry of Justice to the "Vorsitzenden der Familienministerkonferenz" regarding the JUGENDAMT: http://www.jugendamt-wesel.com/PETITION/Zypries_kommentierter_Brief_mit_Ori_DE.pdf

  2. CoE Press Release 499(2007). Report CommDH(2007)14 by the Commissioner for Human Rights, Thomas Hammarberg, on his visit to Germany, 9 – 11 and 15 – 20 October 2006: https://wcd.coe.int/ViewDoc.jsp?id=1162763: German Human Rights Institute should monitor, development of national action plan on human rights.

  3. RECOMMENDATION No. R (94) 12. OF THE COMMITTEE OF MINISTERS TO MEMBER STATES. ON THE INDEPENDENCE, EFFICIENCY AND ROLE OF JUDGES: http://hjpc.ba/dc/pdf/Recommendation%20no%20R%20(94)%2012.pdf

  4. Separation of powers in Germany and Europe: http://home.broadpark.no/~wkeim/files/separation_of_powers.htm  

  5. RECOMMENDATION No. R (85) 13 OF THE COMMITTEE OF MINISTERS TO MEMBER STATES ON THE INSTITUTION OF THE OMBUDSMAN

  6. Parliamentary Assembly of the Council of Europe (PACE) 2003: Recommendation 1615 (2003) The institution of ombudsman

  7. Freedom of Information in Germany and the rest of the world: http://home.broadpark.no/~wkeim/foi.htm

  8. 11 July 2007, CommDH(2007)14: REPORT BY THE COMMISSIONER FOR HUMAN RIGHTS MR THOMAS HAMMARBERG ON HIS VISIT TO GERMANY 9. – 11. and 15. – 20. October 2006https://wcd.coe.int/ViewDoc.jsp?Ref=CommDH(2007)14&Language=lanEnglish  Strengthen the mandate of the German Institute for Human Rights with regard to structural and factual monitoring, develop the national action plan on human rights.
  9. Rejection of Suggestions of Commissioner for Human Rights by German Parliaments, Freedom of Information and Separation of Powers: http://home.broadpark.no/~wkeim/coe_result.htm

  10. Point 5.4 of Resolution 1685 (2009) Europarat: Allegations of politically motivated abuses of the criminal justice system in Council of Europe member states http://www.assembly.coe.int/Mainf.asp?link=/Documents/AdoptedText/ta09/ERES1685.htm
  11. PACE Press release - 712(2009): The independence of the judicial system isthe principal line of defence against political interference in the law: http://assembly.coe.int/ASP/Press/StopPressView.asp?ID=2205
  12. 15.10.08: Anhörung im Deutschen Bundestag zum 8. Bericht der Bundesregierung über ihre Menschenrechtspolitik - Statement von Frauke Seidensticker: Bedauerlich dass keine Auseinadersetzung mit dem Bericht des Kommissars für Menschenrechte des Europarates Thomas Hammarberg enthalten ist. http://webarchiv.bundestag.de/archive/2010/0427/bundestag/ausschuesse/a17/anhoerungen/bericht8/stellungn/Seidensticker.pdf
  13. PACE Press release - 712(2009): The independence of the judicial system is the principal line of defence against political interference in the law: http://assembly.coe.int/ASP/Press/StopPressView.asp?ID=2205
  14. IRIS 2006-10:2/1: Ilia Dohel: Büro des OSZE-Beauftragten für die Freiheit der Medien. Beauftragter für Medienfreiheit: Bericht über Erfolge bei der Entkriminalisierung von Ehrverletzungen: http://merlin.obs.coe.int/iris/2006/10/article1
  15. Volume: 35 Number: 12 Rep. Christopher H. Smith, Co-Chairman May 24, 2002 www.csce.gov CRIMINAL DEFAMATION AND “INSULT” LAWS: http://home.broadpark.no/~wkeim/files/osce_defamation_2002.htm
  16. Defamation in international law, OSCE, Coucil of Europe and law in Germany: http://home.broadpark.no/~wkeim/files/defamation.htm
  17. The Protagonists of an infantile Cult of Honor. Germany risks the Wrath of the Council of Europe with her arbitrary and childish "Insult" Laws by Peter Briody, institut voigt: http://www.eucars.de/images/stories/insult_eng.pdf
  18. 08.01.08 : Die Gerichtspräsidentin vom LG Zweibrücken droht mit Strafantrag wegen Beleidigung: http://home.broadpark.no/~wkeim/files/080108-Irmgard_Wolf.html
  19. 25.03.08: Die Landgerichtspräsidentin wird aufgefordert die Drohung mit Strafanzeige zurückzunehmen, wegen Meinungsfreiheit: http://home.broadpark.no/~wkeim/files/080325lgz.htm
  20. January 2012, Transparency Germany: - 84 weaknesses in the fight against corruption (conventions against Corruption to be ratified, improve FOI laws): http://www.gp-f.com/en/ak.php#231

 

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