|GG Art. 6(1)
Marriage and the familiy shall enjoy the special protection of the state.
GG Art. 6(2)
The care and upbringing of children is the natural right of parents and a duty primarily incumbent upon them.
Basic Law for the Federal Republic Of Germany
|KRK Art. 18(1)
States Parties shall use their best efforts to ensure recognition of the principle that both parents have common responsibilities for the upbringing and development of the child. Parents or, as the case may be, legal guardians have the primary responsibility for the upbringing and development of the child. The best interests of the child will be their basic concern.
The Convention on the Rights of the Child
|GG Art. 6(1) should be changed to:|
The Family shall enjoy the protection of the state.
Parents and Children shall enjoy the special protection of the state.
|Reason: Actually (by law) marriage
is nether presupposition nor obligation to put children into the world.
Many marrigaes are done today to take advantage on the tax brake. The declining
number of marriages reduces the government costs for families.
Children from unmarriged couples and divorced children suffer substantial monetary disadventures.
Action Required to resolve discrimination
of Children from unmarrigad couples.
|GG Art. 6(2) should be changed to:|
have a right of the parents care. Parents have an equal obligation to care
for there children and subsequently keep custody. Parentship and custody
ist not subject to cancelation at any time.
Reason: The basic law endeavours to garantee parents rights and duties. Children are not mentioned - they are objects. The Basic Law seems to treat Children as property of the parents (and especially the mothers). It has no legal body. In case of seperation of the parents one parent can gain custody alone. Which parent will gain custody is in the sole discretion of a family judge.