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United Nations Treaties
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Date of admission to UN: 18 September 1973. (With the unification of West and East Germany in 1990, the Federal Republic of Germany acts in the UN under the designation of Germany, and the date of entry of what was formerly called West Germany.).
- International Covenant on Economic Social and Cultural Rights - ICESCR
Ratified: 17 December 1973.
Reports submitted/due: 4/4
No reservations
- International Covenant on Civil and Political Rights - ICCPR
Ratified: 17 December 1973.
Reports submitted/due: 4/5
No reservation related to the right to education.
Optional Protocol: Acceded: 25 August 1993.
- International Convention on the Elimination of all Forms of Racial Discrimination - CERD
Ratified: 16 May 1969.
Reports submitted/due: 15/17
No reservations.
- Convention on the Elimination of All Forms of Racial Discrimination - CEDAW
Ratified: 10 July 1985.
Reports submitted/due: 4/5
No reservation related to the right to education.
- Convention on the Rights of the Child - CRC
Ratified: 6 March 1992.
Reports submitted/due: 2/2
No reservation related to the right to education.
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ILO treaties
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ILO 87 Freedom of Association and Protection of the Right to Organise Convention (1948) - date of ratification: 20.03.1957
ILO 98 Right to Organise and Collective Bargaining Convention (1949) - date of ratification: 08.06.1956
ILO 111 Convention concerning Discrimination in Respect of Employment and Occupation (1958) - date of ratification: 15.06.1961
ILO 138 Minimum Age Convention (1973) - date of ratification: 08.04.1976.
ILO 182 Worst Forms of Child Labour Convention (1999) - date of ratification: 18.04.2002
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European System
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Convention for the Protection of Human Rights and Fundamental Freedoms - European Convention - ECHR
Date of Ratification: 05.12.1952
No reservation related to the right to education.
Protocol Nº 01 to the European Convention
Date of Ratification: 13.02.1957
Declaration: The Federal Republic of Germany adopts the opinion according to which the second sentence of Article 2 of the (First) Protocol entails no obligation on the part of the State to finance schools of a religious or philosophical nature, or to assist in financing such schools, since this question, as confirmed by the concurring declaration of the Legal Committee of the Consultative Assembly and the Secretary General of the Council of Europe, lies outside the scope of the Convention for the Protection of Human Rights and Fundamental Freedoms and of its Protocol.
European Charter for Regional or Minority Languages
Date of Ratification: 16.09.1998
Framework Convention for the Protection of National Minorities
Date of Ratification: 10.09.1997
Declaration: The Framework Convention contains no definition of the notion of national minorities. It is therefore up to the individual Contracting Parties to determine the groups to which it shall apply after ratification. National Minorities in the Federal Republic of Germany are the Danes of German citizenship and the members of the Sorbian people with German citizenship. The Framework Convention will also be applied to members of the ethnic groups traditionally resident in Germany, the Frisians of German citizenship and the Sinti and Roma of German citizenship.
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Constitutional Guarantees
of the right to education
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Date of adoption/date of entry into force - 23 May 1949
Relevant Provisions
(…)
Chapter I - Basic rights
Art.5
(3) Art and scholarship, research and teaching shall be free. Freedom of teaching shall not absolve anybody from loyalty to the Constitution.
Art.7
(1) The entire schooling system stands under the supervision of the State.
(2) Parents and guardians have the right to decide whether children receive religious instruction.
(1) Religious instruction shall form part of the curriculum in state schools, except non-denominational schools. Without prejudice to the State's right of supervision, religious instruction shall be given in accordance with the doctrine of the religious community concerned. Teachers may not be obliged to give religious instruction against their will.
(2) The right to establish private schools shall be guaranteed. Private schools, as alternatives to state schools, shall require the approval of the State and be subject to Land legislation. Such approval shall be given where private schools are not inferior to state schools in terms of their educational aims, their facilities, and the training of their teaching staff, and where it does not encourage segregation of pupils according to the means of their parents. Approval shall be withheld where the economic and legal status of the teaching staff is not sufficiently secured.
(3) A private elementary school shall be approved only where the education authority finds that it meets a special educational need or where, at the request of parents or guardians, it is to be established as a non-denominational, denominational or alternative school and no state elementary school of that type exists locally.
(6) Preparatory schools shall remain abolished.
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