REMEMBRANCE IN TIME - Index of

Christina BICK: Human Rights in the Constitutions of the Federal Republic of Germany … 453
3. Fundamental Rights
The different starting points of the doctrine of fundamental rights in both German states
lead to a diverging interpretation and result in practice – even in where the wording of the
rights had nearly been consistent. This can be seen in the comparison of selected rights.
3.1. Equality before the Law
Equality was approved in the German states as follows:
GDR - Constitution German Basic Law
Article 20
(1) Each citizen of the German Democratic
Republic has independently of its nationality,
his race, his world-descriptive or religious
confession, his social origin and position the
same rights and obligations. Conscience and
faith liberty are ensured. All citizens are alike
before the law.
(2) Men and woman is equal and has same
legal status within all ranges of the social,
national and personal life. The promotion of
the woman, particularly in the vocational
qualification, is a social and national task.
Article 3
(1) All persons shall be equal before the law.
(2) Men and women shall have equal rights.
The state shall promote the actual
implementation of equal rights for women and
men and take steps to eliminate disadvantages
that now exist.
(3) No person shall be favoured or disfavoured
because of sex, parentage, race, language,
homeland and origin, faith, or religious or
political opinions. No person shall be
disfavoured because of disability.
Two kinds of equal treatment were protected according to both laws: equality before the
law and equality of men and women.
Notwithstanding the distinct sociopolitical objective and Constitutional entitlement with
regard to equality, the Constitutional reality diverged from it. In actuality women were
underprivileged in both states, even though women in the GDR had a higher degree of
qualified education and greater access to higher positions than those in the FRG. [10]
In terms of the scope of application the provisions of the two states drifted apart.
Whereas the principle of equality in the GDR was applied only to citizens of the state, the
right was exercised likewise by all people in the FRG. The restriction of the German
Democratic Republic lead to the use of a different set of norms for the punishment for
offenses of foreigners – including nationals of the Federal Republic of Germany. [11]
A violation of the equality occurred mostly at the filling of jobs in public services. In
the Federal Republic of Germany this violation was limited to certain areas, like the
profession of teachers which, due to the maxim of the confessional education of teachers,
could lead to a discrimination of heretics.
In contrast, discrimination in the German Democratic Republic took place quite often.
Scores of public and social positions in the GDR were reserved for those people that
exceled at showing their political attitude. It was impossible to get a leading position in
the national education, judiciary, military, security agency of the state, police, the statecontrolled
mass-medias or the national industry without being a member or close
sympathizer of the Socialist Unity Party of Germany (SED). In contrast the
nonattendance of the “youth dedication”, the conscientious objection or the nonparticipation
of at least one of the organizations of the GDR verifiable lead to a direct