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Article 6: [Marriage - Family - Children]



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German Federal Republic 2012

Article 6: [Marriage - Family - Children]
1.
Marriage and the family shall enjoy the special protection of the state.

Right to found a family

Regulation of marriage
2.
The care and upbringing of children is the natural right of parents and a duty
primarily incumbent upon them. The state shall watch over them in the
performance of this duty.

Right to found a family
3.
Children may be separated from their families against the will of their parents or
guardians only pursuant to a law, and only if the parents or guardians fail in their
duties or the children are otherwise in danger of serious neglect.

Rights of children
4.
Every mother shall be entitled to the protection and care of the community.
5.
Children born outside of marriage shall be provided by legislation with the same
opportunities for physical and mental development and for their position in
society as are enjoyed by those born within marriage.

Rights of children
Article 7: [School system]
1.
The entire school system shall be under the supervision of the state.

Free education
2.
Parents and guardians shall have the right to decide whether children shall
receive religious instruction.
3.
Religious instruction shall form part of the regular curriculum in state schools,
with the exception of non-denominational schools. Without prejudice to the
state's right of supervision, religious instruction shall be given in accordance
with the tenets of the religious community concerned. Teachers may not be
obliged against their will to give religious instruction.

Free education
4.
The right to establish private schools shall be guaranteed. Private schools that
serve as alternatives to state schools shall require the approval of the state and
shall be subject to the laws of the Länder. Such approval shall be given when
private schools are not inferior to the state schools in terms of their educational
aims, their facilities, or the professional training of their teaching staff, and when
segregation of pupils according to the means of their parents will not be
encouraged thereby. Approval shall be withheld if the economic and legal
position of the teaching staff is not adequately assured.

Free education
5.
A private elementary school shall be approved only if the educational authority
finds that it serves a special pedagogical interest or if, on the application of
parents or guardians, it is to be established as a denominational or
interdenominational school or as a school based on a particular philosophy and
no state elementary school of that type exists in the municipality.

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