Dear Mr. Presindent Schröder,
In the Federal Republic of Germany there is a high number of fathers who, after separation or divorce, have completely lost contact to their children or have never had the chance to get to know them because the parents involved in the dispute are unable to reach agreements, or the mothers seek self-fulfilment without the fathers´ interference. In many such contentious cases the courts dealing with these lawsuits automatically favour the mothers by awarding the exclusive custody of the child(ren), while the fathers are left out completely. The legislation misleads the custody-awarded parent to abuse her power. The often carelessly awarded exclusive custody is like the delivery of weapons to a crisis area – and the party who wins the dispute often acts mercilessly.
In Articles 9 and 18 the UN Convention on the Rights of the Child guarantees the right to parental care. A human right which every child is naturally entitled to from the very day of birth and which can not be granted by anybody. It is understood that both father and mother should be responsible for the upbringing of their children.
The agreement on the Rights of the Child of 20-November-1989 came into force in the Federal Republic of Germany by law of 17-Feb.-1992 (BGBl II p.121). On 6-March-1992 the Federal Government deposited the Ratification Document together with the declaration of reservations with the UN General Secretary. This declaration is especially restricting the rights of illegitimate children, orphans of divorced parents and unaccompanied, under age refugees.
The former German Federal Government needed two and a half years to work out the declaration of reservations on the UN Convention on the Rights of the Child. The discussions took place behind closed doors, there are still no records available. The declaration of reservations was to be kept away from public knowledge. So there has not been any kind of democratic procedure.
Forced by Un requirements, the German Federal Government put a small budget for the publication of the UN Convention on the Rights of the Child at disposal. Essentially the „Arbeitsfgemeinschaft Jugendhilfe“ (association for help and support of young people) distributed two brochures:
1. „UN Kinderkonvention im Wortlaut mit
(UN Convention on Children verbatim with extra information)
Note: Instead of „UN Convention on the Rights of the Child“ the title reads „UN Convention on Children“. This „extra information“ is just a deceptive expression for the declaration of reservations.
2. „Die Rechte des Kindes“
(The Rights of the Child) A brochure for children. Special print for the Ministery for Families, Senior Citizens, Women and Minors.
Note: The preface deceitfully simulates that children are being informed on the UN Convention on the Rights of the Child although they are actually being informed on the declaration of reservations by the German Federal Government.
The declaration of reservations of the German Federal Government paves the way to violations of the human rights of children and young persons and separates the Federal Republic of Germany from the other member states of the EU. It confirms the picture of the ugly German abroad. „The Germans have an ugly right of the family.“ This statement was given to one of our members during a visit to the UN in New York.
We hereby call upon the new German Federal Government to cancel the declaration of reservations about the UN Convention on the Rights of the Child within this legislative period and to see to the unconditional implementation of the UN Convention on the Rights of the Child in the Federal Republic of Germany.
Thomas Sochart, Fed. Speaker on policies
|Väteraufbruch für Kinder e.V.||Fathers´ Movement for Children, reg. ass.|
|Bundesvorstand||Fed. executive committee|
|Bundessprecher Kinder- und Jugendpolitik||Fed. Speaker on policies regarding children/minors|
Anlage: Erstinfo des
Vereins Väteraufbruch für Kinder e.V.
cc. Frau Christine Bergmann, Bundesministerin für Familie, Senioren, Frauen und Jugend
Frau Däubler-Gmelin, Bundesministerin der Justiz
Kinderkommission des deutschen Bundestages bzw. Kinderbeauftragter der Bundesregierung
Koordinierungsausschuß der National Coalition
Mitgliedsorganisationen der National Coalition
Translated in english: Committee on the Rights of the Child
Ms. Elisavet Stamatopoulou-Robbins, Representative for the High Commissioner for Human Rights
Ms. Mary Robinson, the High Commissioner for Human Rights