Protection of Young Persons in Germany

In Germany, protection of children and adolescents is under the umbrella of both governmental agencies and non-government organisations (associations)

Association-controlled protection of young persons
Associations for protection of young persons were set up after the end of World War Two in concomitance with protective legislation. Denominational and transdenominational institutions and groups for protection of children and adolescents came into being between 1951 and 1954. Their membership is wide-ranging, from independent institutions of youth welfare and charities to specialised anti-addiction organisations, parent’s councils, unions, professional associations in the areas of medicine and education as well as numerous communal groups. All German states, except for Mecklenburg Western Pomerania, Hesse, Rhineland Palatinate and the State of Saar, have their own youth protection institutions at state level, most of them not tied to governmental agencies. Additional organisations include an Evangelical working party and a Catholic association in North Rhine-Westphalia, a Catholic counterpart in Baden-Württemberg and the Catholic Centre of Social Ethics with its own section for protection of young persons attached to the Conference of German Bishops. All associations and other institutions active across Germany in the fields of youth protection work under the umbrella of a Federal Union for Protection of Young Person (BAJ) which had been established as early as in 1951.

Information and consultancy
The above organisations are involved in advanced training and education and play an active role as multipliers by running consultancy programmes, organising meetings and campaigns and taking care of public relations. Addresses may be obtained from our own home page by clicking Members (Mitglieder) or from the internet by selecting www.jugendschutz.de. Each of the above organisations offers printed information and reference to additional sources, literature databases etc. Bulletins and periodicals are published by some of them as well as by the Federal Union.

Youth protection in the Penal Code
Protection has been formally laid down also in the Penal Code, with these elements being limited to unlawful behaviour with a detrimental impact on society. Most of these provisions are relating to offences of sexual abuse and are specified in §§ 174-184c, StGB. “Sexual self-determination” is the key motto.

§ 176 StGB, for example, applies to sexual abuse of children, while § 180 StGB provides for punishment of individuals who abet sexual action on minors, with emphasis being laid on prevention of prostitution. Sexual abuse limited to persons under the age of 16 years is the topic of § 182 StGB. Importance must be attributed also to § 184 StGB on punishability of dissemination of printed and other media of pornographic nature. Pornography is defined as rude presentation of sexual situations in which human beings are reduced to subjects of sexual lust or acts. Particular attention had to be given in recent years to such presentations in the internet.

Instigation of activities to endanger public order is another punishable act (§ 130 StGB), for example, stirring up hatred against national, ethnic, racial or religious groups, and glorification of violence (§ 131 StGB) primarily on music CDs, the internet and in other modern media through which today such damaging trends may be publicised more widely than before. The general public in Germany, on account of their specific historic experience, has become particularly sensitive to combinations of such trends and activities with extremist right-wing orientations. Reference has to be made, in this context, to §§ 86 and 86a StGB in which the dissemination of propaganda and use of symbols of anti-constitutional organisations are defined as criminal offences. Sizeable numbers of young people, unfortunately, are being put under custody of youth welfare authorities because of offences already committed or imminent. That issue is covered by § 171 StGB on neglect of custodial and educational duties towards people under the age of 16 years.

Employment safety for young people
The regulations to ensure safety at work for young employees have been formulated for the purpose of protecting children and adolescents from physical and psychological exploitation and exposure to dangerous jobs. These issues are covered by an Employment of Young Persons Act (JArbSchG) which includes age-related provisions on working hours, compulsory rest and protection from high-risk activities. Some provisions are relating to hiring of children for theatre and music performances and assignment to media studios. The German text of the above JArbSchG may as well be obtained from our home page by clicking “Gesetzliche Vorschriften”.
[From: Nikles/Roll/Spürck/Umbach: Jugendschutzrecht. Neuwied 2003, pp. 11-17)

Our former colleague Katrin Schwarze explained the task and the aims of the BAJ on a meeting with diplomats (March 25th. 2010).