REMEMBRANCE IN TIME - Index of

Christina BICK: Human Rights in the Constitutions of the Federal Republic of Germany … 457
Both Constitutions contained an almost identical wording relating to the prevention of
the principle of the inviolability of the home.
The Grundgesetz/ German Basic Law additionally comprised detailed information on
how to ensure it. For a house search a judicial order was needed which was only allowed
to be issued in situations where there was imminent danger.
The Constitution of the GDR contained not further instructions at all. The further
determination of the content was subject to the commentary. With regard to that the
inviolability of the home was extended not only to the interference of the state but also to
wrongful acts of landlords or other people. [20] State intervention instead was hardly
restricted in matters of house searches under GDR law.
Notwithstanding the similar phrasing the two Constitutions had a different agenda. The
Grundgesetz basically safeguarded citizens from state intervention whereas the GDR-
Constitution protected against private interference and left the door open for interventions
of the state. [21]
The purpose of the Constitution of a right to ensure and apportion living space had no
counterpart in the Gundgesetz. Reason for that is the absence of the collective thinking of
the socialism. In the Federal Republic of Germany solely simple acts contained
provisions to hold shelters available for homeless persons. In practice such a placement
lead to a complete loss of the social status. [22]
3.6. Protection of the familiy
The provisions on the protection of the family, marriage and children were almost equal
in the GDR and the FRG. However some differences can be identified that depended on
the different social systems. Particularly related to the education of the children the
different target courses and the related arrangement of law became evident.
DDR-Verfassung Grundgesetz/ German Basic Law
Article 38
(4) It is the right and the supreme duty of parents
to educate their children to become healthy,
happy, competent, universally educated and
patriotic citizens. Parents have a right to a close
and trustful cooperation with the social state and
state educational institutions.
Article 6
(2) The care and upbringing of children is
the natural right of parents and a duty
primarily incumbent upon them. The state
shall watch over them in the performance of
this duty.
The main difference is obvious. The care and upbringing of the children is in no way
connected with a political or ideological proviso in the Grundgesetz. The GDR-
Constitution instead gives the clear order to accord the children a socialistically steeped
education.
4. Conclusion
The different concepts of law of the two German Constitutions visualize the difference
of the wording of the law and its content.
The respective theory of the state of the GDR and the FRG and the resulting concept of
law lead to completely divergent rights in situations where provisions are verbalized in a
similar manner. This directly affected the understanding of the concept of human rights.