auf Deutsch: http://home.broadpark.no/~wkeim/files/familienrecht.htm
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.
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 RGBl 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.
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
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:
04. March 2008: Answer of the EU Commission about family rights
03. March 2008: Videodokumentation recorded on the meeting on the Winter Session of NGO's of Council of Europe in Strassburg 21th. -24th of January 2008
25. December 2007: Right Violations: Why do German Courts not secure Human Rights against the "Jugendamt" falsely called Welfare Office? Suggestion to implement recommendations of Human Rights Commissioner. (Short version). Answer of the EU Commission
26. November 2007: European Parliament: President of the Conference of INGOs of the Council of Europe demands to abolish the Jugendamt: Video.
2. November 2007: President of the Conference of INGOs of the Council of Europe sends Bamberg declaration on human right violations to Commissioner for Human Rights Council of Europe and Chairman of the Committee on Petitions European Parliament (Att.“Bamberg Declaration”).
26. October 2007: The general information contained in your communication, including suggestion of legal reforms, was read with attention and may be used by the Commissioner in the exercise of his mandate.
21. October 2007: “Bamberg Declaration”: Within the framework of the child and youth protection in Germany, especially on the part of the youth welfare offices, there are violations of Human Rights, in particular of Article 3, Article 6, Article 8, Article 13 and Article 14 of the European Convention of Human Rights.
17. October 2007: Letter to Committee of Petitions of the European Parliament: Why do German Courts not secure Human Rights against the "Jugendamt" Suggestion to implement recommendations of Human Rights Commissioner: http://home.broadpark.no/~wkeim/files/0710eup-en.htm
17. July 2007: Letter to MEP Wieland: Human Right Violations in Germany: The German Youth Department (Jugendamt) falsely called Welfare Office: http://home.broadpark.no/~wkeim/files/0706eup-en.htm
12 July 2006 European Parliament: PE 375.840v01-00 Or. PL: Boguslaw Rogalski on the violation of human rights by the German authorities and courts
Parents are using the Internet to inform.
21. October 2007: GERMAN Jugendamt (falsely called JUVENILE CARE OFFICES) AND THE EUROPEAN CONVENTION ON HUMAN RIGHTS. International symposium as a reaction to a judicial scandal in Bamberg: “Bamberg Declaration”: Within the framework of the child and youth protection in Germany, especially on the part of the youth welfare offices, there are violations of Human Rights, in particular of Article 3, Article 6, Article 8, Article 13 and Article 14 of the European Convention of Human Rights.
www.petra-heller.com/: English section
CEED - Conseil Européen des Enfants du Divorce children and grandparents victims of international and administrative child abductions.
http://problemamt.de/: Polnischer Verband Eltern gegen Diskriminierung der Kinder in Deutschland e. V.
Michael Hickman.org: Child Abduction to Germany
Sorry in German only:
Der Fall Görgülü: Adoption durch staatlichen Kindesraub (Neue Juristischen Wochenzeitschrift NJW 2007 (2744): "Wenn der Rechtsstaat seine Unschuld verliert").
GEBT MIR MEIN KIND ZURÜCK: Wie leichtfertig einer Mutter das "Münschhausen-by-proxy-Syndrom" unterstellt wird, wenn ihr Kind an Borreliose leidet.
Elternkummer: Das Jugendamt - "Eine Kinderklaubehörde"? Gesamtredaktion : Autorin und Journalistin Dr. phil. Karin Jäckel
kinderklau.net - Die Webseite der Familie Haase. Wie die Jugendämter Münster und Steinfurt eine Familie zerstören
Das sind also keine Einzelfälle:
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
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.
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
Separation of powers in Germany and Europe: http://home.broadpark.no/~wkeim/files/separation_of_powers.htm
RECOMMENDATION No. R (85) 13 OF THE COMMITTEE OF MINISTERS TO MEMBER STATES ON THE INSTITUTION OF THE OMBUDSMAN
Parliamentary Assembly of the Council of Europe (PACE) 2003: Recommendation 1615 (2003) The institution of ombudsman
Freedom of Information in Germany and the rest of the world: http://home.broadpark.no/~wkeim/foi.htm
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
[Back to page on Freedom of Information] [Human Right Violations in Germany] [Law on Legal Advice] [Petitions] [Back to Homepage]
Separation of Powers: Independence of Judiciary:
Freedom of Information (Access to Information Laws) in Europe and German states (länder).