REMEMBRANCE IN TIME - Index of

Christina BICK: Human Rights in the Constitutions of the Federal Republic of Germany … 455
In contrast to other fundamental rights the divergent legal conception becomes obvious
already by the different positions of the provision in the Constitutions – on the one hand
in the part of the fundamental rights and on the other hand in the part of the basics of the
fundamentals of the state authority.
3.3. Freedom of assembly
Whereas the GDR-Constitution does not undertake any subdivision, the Grundgesetz
differentiates between indoor and outdoor assemblies.
GDR-Constitution German Basic Law
Article 28
(1) All citizens have the right to assemble
peacefully within the framework of the
principles and aims of the Constitution.
(2) The use of material prerequisites for
unhindered exercise of this right, of assembly
buildings, streets and places of demonstration,
printing works and means of communication, is
guaranteed.
Article 8
(1) All Germans shall have the right to
assemble peacefully and unarmed without
prior notification or permission.
(2) In the case of outdoor assemblies, this
right may be restricted by or pursuant to a
law.
Indoor assemblies are solely liable to the limitations of paragraph 1 – especially the rule
of conducting them without weapons. Outdoor assemblies are next to that restriction
liable to further limitations which were regulated by law. According to that outdoor
demonstrations had to be registered in advance. Additionally the option for the public
authorities existed to impose conditions to those assemblies.
The fact, that the GDR-Constitution did not entail the limitation of conducting
assemblies without weapons is striking. Reason for that was the will to protect assemblies
were supported by the state like assemblies of the company task force of the SED or the
“Free German Youth” that commonly took place as armed marches. The wording “within
the framework of the principles and aims of the Constitution” de facto leads to an
immense restriction of the freedom of assembly. Within an official commentary of the
fundamental rights it is specified that there was a certain catalogue of protected
assemblies. By this catalogue numerous assemblies which represented group interests
were restricted as that was understood as an infringement of the common will of the
Socialism. In addition assemblies that were considered as “contradicting the Socialism”
were prohibited. The examination whether such thing was available rested with the SED.
[16]
For the supervision of these restrictions the GDR introduced the “regulation on the
obligatory registration of events [17], whereupon the organizer had to give full particulars
of the topic, speakers, used material and literature in advance.
3.4. Right of personality
The right of personality was ensured by article 30 of the GDR-Constitution. In contrast
it was guaranteed as the second norm of the Grundgesetz directly behind the protection of
human dignity.