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The German Basic Law, the country’s constitution, as well as various statutory laws contain provisions whose objective is to prevent the abuse and neglect of children and adolescents. Furthermore, Germany has ratified the Convention on the Rights of the Child.  Statistics are collected on child sexual abuse and on the number of risk assessments for the welfare of the child. An Independent Commissioner for Child Sexual Abuse Issues and the National Center Early Prevention analyze child abuse and neglect information.

I. Introduction

The German Basic Law, the country’s constitution, contains two articles that focus specifically on children: article 6 on marriage, family, and children, and article 7 on the school system.[1] Article 5 on freedom of expression, art, and science also explicitly mentions the protection of young people as a limit to the exercise of these rights. In addition, children enjoy all the constitutional protections that are awarded to all persons, in particular the rights codified in articles 1 to 3 (human dignity, personal freedoms, and equality before the law).

The Federal Constitutional Court has held that article 2, paragraph 1 (right to free development of personality) in conjunction with article 6, paragraph 2 (parental rights and duties) of the Basic Law obligates the state to enforce the right of the child to parental care and education.[2] Furthermore, it reiterated that children, who enjoy an independent right to the free development of their personalities, are subject to special protection by the state.[3] The Court stated that it is established case law that children require protection and assistance in order to develop into independent members of society.[4] The right of the child to free development of his/her personality obligates the legislature to ensure the living conditions of the child that are necessary for a healthy upbringing, meaning it must prevent abuse or neglect.[5] The Court said that even though the parents are primarily responsible for the development of the child’s personality, the state has a constitutional duty to control and ensure that parents live up to that obligation and to support and complement the parental duties.[6]

However, despite these guarantees in the Basic Law and the interpretation of the Court, discussions have been ongoing for more than thirty years as to whether to codify explicit children’s rights in the Basic Law.[7] The current coalition agreement of the governing parties CDU, CSU, and SPD contains a provision in that regard.[8] A federal-state working group was convened for the first time on June 6, 2018, and is tasked with presenting a proposal for a constitutional amendment by the end of 2019.[9]

In addition, Germany signed the Convention on the Rights of the Child (CRC)[10] on January 26, 1990, and ratified it on March 6, 1992.[11] Within the German legal system, it has the rank of a statutory law.[12] In 2010, Germany withdrew its reservations to the CRC.[13] The CRC obligates the States Parties, among other things, to take the best interests of the child into account in all state actions concerning children.[14] In general, the federal government is responsible for implementing and monitoring the CRC. Article 44 of the CRC obligates States Parties to submit to the Committee on the Rights of the Child (Committee) periodic country reports on the measures adopted to give effect to the rights in the CRC. In April 2019, Germany submitted its fifth/sixth country report to the Committee.[15] In addition, in 2015, the federal government established an independent monitoring mechanism for implementation of the CRC at the German Institute for Human Rights.[16]

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II. Legal Framework

The constitutional provisions and the obligations undertaken under the CRC are further defined in statutory law, in particular in the Criminal Code, the Civil Code, the Social Code, the Youth Protection Act, the Youth Labor Protection Act, and the Federal Act on the Protection of Children.

A. Criminal Code

The German Criminal Code contains several provisions that criminalize abuse and neglect of children, in particular the abuse of a position of trust with regard to minors, the sexual exploitation of children, child and youth pornography, and child trafficking.[17]

1. Abuse of a Position of Trust

The German Criminal Code makes it a criminal offense for anyone to torture, seriously abuse, or neglect a minor who

  • is in his or her care or custody;
  • belongs to his or her household;
  • has been placed under his or her control by the person obliged to provide care; or
  • is subordinated to him or her within a relationship of employment.[18]

The crime is punishable by a term of imprisonment of six months to ten years. In aggravated cases, meaning when there is a risk of death, serious injury, or a substantial impairment of the physical or mental development of the minor, the penalty is imprisonment for no less than one year.[19]

2. Evading a Domestic Support Obligation

Article 170 of the Criminal Code makes it a crime to evade a statutory domestic support obligation if is results in endangering the basic subsistence of the person entitled to support, or would result in endangerment without the assistance of others. It is punishable by a term of imprisonment of up to three years or a fine. The Federal Constitutional Court held in 1979 that the provision does not violate article 3 of German Basic Law on equality before the law.[20] In that case, the child, who was entitled to support, was placed in a foster home to avoid neglect. The mother, who had custody of the child, was not able to care for and feed the child, because of the nonpayment of child support.[21]

3. Violation of the Duty of Care or Education

Anyone who grossly neglects his or her duty to provide care or education to a person under the age of sixteen and by that gross neglect creates a risk of damaging that person’s physical or mental development, or that the person will engage in crime or in prostitution, is subject to a fine or a term of imprisonment for nor more than three years.[22] Examples of cases in which the courts have found “gross neglect“ are giving large quantities of alcohol to a minor, preventing a minor from going to school, encouraging a minor to go begging, frequently beating or locking a child up, or leaving small children unattended for numerous days or nights, among others.[23]

4. Offenses Against Sexual Self-Determination

There are several criminal law provisions that punish the sexual exploitation of children. Section 174 criminalizes the commission of sexual acts with minors who are in the custody or care of the perpetrator, who are subordinate to him or her in an employment or work relationship, or who are the adopted or biological children of the perpetrator.[24] The crime is punishable by a term of imprisonment of three months to five years.

Section 176 makes it a crime to engage in sexual acts with persons below the age of fourteen (children) or to induce children to commit sexual acts with a third person. The crime is punishable with imprisonment of six months to ten years.[25] Less serious cases, such as the commission of sexual acts in front of a child, carry a sentence of imprisonment of three months to five years.[26] Aggravated cases are punishable by a term of imprisonment of not less than one year for repeat offenders or not less than two years for acts of penetration, acts committed by more than one person, and acts that put the child at risk of serious injury or substantial impairment of his or her physical or emotional development.[27] If any of these acts cause the death of the child, the punishment is life imprisonment or a term of imprisonment of not less than ten years.[28]

Anyone who as an intermediary or by creating an opportunity abets a person under sixteen years of age to engage in sexual acts with a third person or in front of a third person, or abets sexual acts of a third person with a person under sixteen years of age, is subject to a term of imprisonment of up to three years or a fine.[29] If the person is under eighteen years of age and the sexual acts are subject to payment, the punishment is a term of imprisonment not exceeding five years or a fine.[30] If the perpetrator is in a position of trust with regard to the minor, the punishment is a term of imprisonment not exceeding five years or a fine.[31] Section 182 makes it a crime punishable with a term of imprisonment of up to five years or a fine to sexually exploit the plight of minors. Finally, section 232 penalizes human trafficking for the purpose of sexual exploitation of children with a sentence of not less than one year of imprisonment.[32]

5. Child and Youth Pornography

The distribution, purchase, or possession of child or youth pornography is punishable by a term of imprisonment of three months to five years or up to three years, respectively.[33] “Child pornography” is defined as pornography that shows either sexual acts of, with, or in front of persons under fourteen years, completely or nearly naked children in a sexual pose, or the unclothed genitalia of children in a sexually provocative way.[34] “Youth pornography” is defined as pornography that shows either sexual acts of, with, or in front of a person between the ages of fourteen and eighteen or such a person in an unnatural sexually suggestive position.[35]

6. Female Genital Mutilation

Female genital mutilation (FGM) is punishable by a term of imprisonment of not less than one year.[36]

7. Child Trafficking

Trafficking of one’s own child, ward, or foster child under the age of eighteen for remuneration or with the intent to enrich a third person is punishable with a term of imprisonment of up to five years or a fine.[37] The same punishment applies to a person who “buys” the child, ward, or foster child.[38]

B. Civil Code

In 1979, the Act on the Revision of the Law on Parental Care introduced the term “parental care” into the German Civil Code.[39] It replaced the former designation of “parental authority” in order to put an emphasis on the responsibility of the parents to take into account the age, development, and capabilities of the child when making decisions. The new terminology was also designed to avoid the misconception that corporal punishment formed a necessary part of raising children.[40] “Parental care” as understood in German law encompasses physical and legal custody of the child, but puts a particular emphasis on the duty of care that parents owe their children.[41] In addition, the amending law introduced section 1626, paragraph 2 into the German Civil Code, which for the first time emphasized that children have a legal say in parental decisions that affect them.

In 1998, the German Parliament enacted the Act to Reform the Laws on Children, which, among other things, eliminated remaining legal differences between legitimate and illegitimate children with regard to joint custody and visitation rights.[42] It also gave children the right to have a guardian ad litem appointed in custody proceedings.[43] In 2000, the Civil Code was amended to prohibit corporal punishment of children.[44] Section 1631, paragraph 2 now states that “[c]hildren have a right to a non-violent upbringing. Physical punishments, psychological injuries, and other degrading measures are inadmissible.”

Section 1666 states that, “[w]here the physical, mental or psychological best interests of the child or its property are endangered and the parents do not wish or are not able to avert the danger, the family court must take the measures necessary to avert the danger.”[45] The section provides a nonexhaustive list of several measures that the court can take, including

  • requiring the parents to seek public assistance, such as benefits of child and youth welfare and healthcare;
  • requiring them to ensure that the obligation to attend school is complied with;
  • a prohibition on using the family home or another dwelling temporarily or for an indefinite period, to be within a certain radius of the home, or to visit certain other places where the child regularly spends time;
  • a prohibition on establishing contact with the child or on meeting with the child;
  • the substitution of declarations of the person having parental care; and
  • the partial or complete removal of parental care.[46]

Measures can also be taken against third parties.[47] However, separating the child from its parents or preventing a parent from using the family home must only be used as a measure of last resort when the danger cannot be countered in any other way.[48]

C. Federal Act on the Protection of Children

In 2012, the Federal Act on the Protection of Children entered into force.[49] It is an omnibus act that introduced the Act on Cooperation and Information in Matters of Child Protection and amended several other laws, in particular the Social Code. The objective of the Act on Cooperation and Information in Matters of Child Protection is “to protect children and adolescents and to foster their physical, psychological, and mental development.”[50] The Act obligates the state to support parents when they exercise their parental right and duty to direct the education and upbringing of their children in order to help them better fulfill this obligation, to detect risks for the development of children early on, and to prevent the initial or further endangerment of the child.[51] For that purpose, the Act proposes information, counseling, and assistance (early intervention).[52]

Parents as well as parents-to-be should be informed of counseling and assistance services in their area with regard to pregnancy, birth, and the development of the child during its first years.[53] The competent state authorities are authorized to offer parents a face-to-face conversation. This conversation can also take place in the home of the parents, if they wish.[54]

In addition, the Act obligates the states to establish a network in which the different institutions that are involved in child protection can work together, exchange practices, and coordinate procedures.[55] Furthermore, the Act provides a legal basis for the continuous financing of early prevention networks, in particular through family nurses, and services that provide psychological support to families.[56] Since January 2018, the networks have been financed with €51 million (about US$57.4 million) annually by the “Federal Foundation Early Intervention” (Bundesstiftung Frühe Hilfen).[57]

Finally, the Act codifies the right of several occupational groups that are subject to professional secrecy to consult a specialist and provide pseudonymized data to determine whether the well-being of a child or young person is at risk.[58] The occupational groups are doctors, midwives, and other health-care professionals; psychologists; marriage, family, education, and youth counselors; addiction counselors; members of recognized centers for counseling according to the Pregnancy Conflict Act; social workers; and teachers at public and private schools.[59] If they have strong reasons to believe that the well-being of a child or adolescent is at risk, they must talk to the minor and the person who has custody and, if necessary, urge the person who has custody to accept assistance, provided that it will not endanger the minor.[60] If the risk cannot be averted or if the actions taken fail, they are authorized to inform the Youth Welfare Offices and provide them with the necessary data.[61]

D. Social Code

Since 1990, the Social Code explicitly recognizes children and adolescents as having rights of their own.[62] Section 1 codifies the right of young people to “receive support for their development and upbringing in order to become an independent and socially competent person.” In order to implement that right, the Youth Welfare Offices must, among others things, protect the well- being of minors from harm.[63] This obligation of the Youth Welfare Offices further defines the constitutional obligation of the state as outlined above.[64]

Depending on their developmental stage, children have to be involved in decisions of the public Youth Welfare Offices that concern them.[65] They have to be informed of their rights in administrative procedures, in family court, and in administrative court.[66] In addition, they have a right to contact the Youth Welfare Offices in all matters of upbringing and development.[67] In particular, in crisis and conflict situations, they have a right to counseling without the notification of the person that has custody of the child, if the notification would defeat the purpose of the counseling.[68]

If the Youth Welfare Offices have credible information indicating a risk to the welfare of a child or adolescent, they must assess the risk in cooperation with professional staff.[69] As long as it does not endanger the safety of the minor, the guardian as well as the minor have to be involved in the assessment. If necessary according to the professional assessment, the Youth Welfare Offices must make a home visit to see the minor and inspect his/her surroundings. If the Youth Welfare Offices consider assistance appropriate and necessary to prevent harm, they must offer it to the guardians. If the guardians are unable or unwilling to participate in the risk assessment or if the Youth Welfare Offices consider it necessary to involve the family court, they must bring proceedings before the court.[70] If there is an imminent danger and they cannot wait for the decision of the court, the Youth Welfare Offices must take the minor into custody.[71] Where immediate action is necessary and the guardians do not cooperate, the Youth Welfare Office may involve other agencies, such as Health Services or the police.[72]

Furthermore, children have a right and Youth Welfare Offices are obligated to take children into their custody when

  • children ask for it;
  • there is an imminent danger to the well-being of the child and the person having custody does not object or when a family court decision cannot be obtained in a timely manner; or
  • a foreign unaccompanied minor enters Germany and no person having custody or a guardian is present.[73]

In 2012, as mentioned above, the Federal Act on the Protection of Children entered into force and amended the Social Code. Among other things, it required group homes for minors to obtain an authorization.[74] Such an authorization will only be issued when the well-being of the minors is ensured.[75] Among other things, the service providers must provide proof that their personnel is qualified and submit detailed criminal records.[76] Persons with criminal records who have committed certain enumerated crimes, such as sexual abuse of children, may not run day care centers, be employed by Youth Welfare Offices, or be used as foster parents.[77]

The amendment also added the risk assessments for the welfare of the minor to the list of things that need to be statistically documented.[78]

E. Youth Protection Act

The Youth Protection Act contains various provisions that aim to protect young people from exposure to alcohol, tobacco, and sex and violence in the media.[79] In addition, there is a catch-all-clause that states that if certain public events or establishments, such as paintball or laser tag establishments, endanger children and adolescents, the competent authority may order them not to admit minors.  Such an order may include age restrictions, time restrictions, or other conditions that will prevent or mitigate the danger.[80] Furthermore, if a minor is present in a place where there is an immediate danger to his or her physical, psychological, or mental health, the competent authorities may take measures to avert the danger. In particular, they may encourage the child or adolescent to leave, take the minor to his/her guardian, or, if no guardian is available, entrust the minor to the care of the Youth Welfare Offices.[81]

F. Youth Labor Protection Act

The Youth Labor Protection Act provides that employing children below the age of fifteen is generally prohibited.[82] Exempt from the scope of the Act are minor jobs such as babysitting, helping out neighbors, and volunteer work in youth groups or charitable organizations.[83] Exceptions may also be granted for theater and music performances, for advertising, and for radio and TV productions.[84] However, exceptions will only be granted under certain conditions, such as that the guardians agreed in writing, the work does not interfere with the child’s attendance at school, or that all necessary measures are taken to protect the child and to avoid risks to his/her life, health, and physical and mental development.[85] Certain dangerous occupations are prohibited for children, such as work that exceeds their physical or psychological capacity or work that would expose them to moral dangers, among others.[86]

Persons that have committed certain crimes, such as sexual offenses or violent crimes, are prohibited from employing minors.[87] Anyone who employs minors is not allowed to use corporal punishment, must prevent others from using corporal punishment, from abusing the minor, and from subjecting him or her to moral danger, and must not give the minor tobacco or alcohol.[88]

Violations of the protective labor provisions are punishable by administrative fines or imprisonment for up to six months.[89]

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III. Statistics and Analysis

In 2007, the German government created the “National Center Early Prevention” (Nationales Zentrum Frühe Hilfen, NZFH). One of the tasks of the NZFH is the promotion of quality development in child protection. Among other things, the NZFH analyzes child protection cases, evaluates early prevention tools, organizes seminars, and connects different actors.[90]

Since 2010, there has been an Independent Commissioner for Child Sexual Abuse Issues (Commissioner).[91] The current Commissioner is Johannes-Wilhelm Rörig.[92] Even though the office is located within the Federal Ministry for Family, Seniors, Women and Youth, the Commissioner operates independently.[93] His responsibilities include

  • Helping ensure that the interests of victims and survivors of sexual violence in childhood receive due consideration;
  • Supporting the implementation of the recommendations of the Round Table for “Child Sexual Abuse”;
  • Monitoring of the recommendations of the Round Table and in particular observing the implementation and further development of protection concepts in organisations and institutions;
  • Further development and nationwide distribution of the Initiative “No Room for Abuse”;
  • Supporting an independent and systematic inquiry of child sexual abuse in Germany;
  • Operation and further development of the Sexual Abuse Helpline and the help portal on sexual abuse;
  • Initiation of scientific studies in the context of child sexual abuse; and
  • Raising public awareness and public relations.[94]

From 2015–2018, the Commissioner conducted a nationwide monitoring to assess the situation with regard to the prevention of sexualized violence against children and adolescents in Germany.[95] The study used qualitative surveys, such as case studies, group interviews, and focus groups; quantitative studies, such as random sampling with standardized questionnaires; and self-evaluation tools for institutions and organizations.[96] From the results of the surveys, the  Commissioner develops recommendations for practice, politics, and research.[97] In addition, on the basis of the studies, he formulates perspectives for the further development of child protection services and to safeguard the rights of children and minors in group homes.[98]

As mentioned above, risk assessments for the welfare of minors have to be statistically documented. In 2017, the German Youth Welfare Offices conducted around 143,300 procedures to assess the risk to the welfare of children. This number is 4.6% higher than the previous year. However, even though more risk assessment were conducted, less cases of actual child welfare endangerment were determined to have taken place compared to the previous year.[99]

Child sexual abuse cases are also reported in the annual crime statistics.[100] The organization German Child Aid (Deutsche Kinderhilfe) generally presents the numbers together with a representative from the Federal Criminal Police Office, the Commissioner, and doctors/psychiatrists specialized in child abuse at a press conference in the middle of the year.[101] At the 2018 press conference, they reported that 143 children had been killed in 2017.[102] Around 78% were younger than six years of age at the time of their death. Child abuse numbers remained high at 4,208, with 43% of these children younger than six years. With regard to sexual abuse, the numbers were 3.64% lower than in the previous year, but remained high with 13,539 children total.[103] A comparison of the numbers of child sexual abuse cases between the individual German states is also produced.[104]

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Prepared by Jenny Gesley
Foreign Law Specialist
May 2019


[1] Grundgesetz für die Bundesrepublik Deutschland [Grundgesetz] [GG] [Basic Law], May 23, 1949, Bundesgesetzblatt [BGBl.] [Federal Law Gazette] I at 1, http://www.gesetze-im-internet.de/gg/GG.pdf, archived at http://perma.cc/YB5A-3ANT, unofficial English translation available at http://www.gesetze-im-internet.de/englisch_gg/englisch_gg.pdf(English version updated through Dec. 23, 2014),  archived at http://perma.cc/7RRW-K8NG.

[2] Bundesverfassungsgericht [BVerfG] [Federal Constitutional Court], Feb. 19, 2013, docket no. 1 BvL 1/11, para. 41, https://www.bundesverfassungsgericht.de/SharedDocs/Entscheidungen/DE/2013/02/ls 20130219_1bvl000111.html, archived at http://perma.cc/J2QC-FGZG, abridged English translation available at http://www.bverfg.de/e/ls20130219_1bvl000111en.html, archived at http://perma.cc/6HU3-ML97.

[3] Id. para. 42, citing BVerfG, July 14, 1981, docket no. 28/77, para. 92, available at https://openjur.de/u/ 188346.html, archived at http://perma.cc/V82B-4NHP.

[4] Id., citing BVerfG, Apr. 1, 2008, docket no. 1 BvR 1620/04, para. 62, http://www.bverfg.de/e/rs20080401_ 1bvr162004en.html, archived at http://perma.cc/XU7J-FEH9.

[5] Id., citing BVerfG, July 29, 1968, docket no. 1 BvL 20/63 et al., para. 61, https://opinioiuris.de/entscheidung/ 1563, archived at http://perma.cc/H5VJ-WR59; BVerfG, July 14, 1981, supra note 3, para. 94.

[6] Id. (citing BVerfG, Nov. 27, 1990, docket no. 1 BvR 402/87 (“Josephine Mutzenbacher decision”), para. 41, https://openjur.de/u/180505.html, archived at http://perma.cc/5AYQ-EW8V, unofficial English translation available at https://law.utexas.edu/transnational/foreign-law-translations/german/case.php?id=628, archived at http://perma.cc/3LNQ-K5MJ, BVerfG, BVerfG, Dec. 15, 1999, docket no. 1 BvR 653/96, paras. 83, 84, http://www.bverfg.de/e/rs19991215_1bvr065396en.html, archived at http://perma.cc/MK49-AHS3, and BVerfG, supra note 4, para. 74).

[7] Kinderrechte ins Grundgesetz [Children’s Rights in the Basic Law], Bundesministerium für Familie, Senioren, Frauen und Jugend [Federal Ministry for Family Affairs, Senior Citizens, Women and Youth] (Feb. 13, 2019), https://www.bmfsfj.de/bmfsfj/themen/kinder-und-jugend/kinderrechte/kinderrechte-ins-grundgesetz/115436, archived at http://perma.cc/F4PS-G76X.

[8] Ein neuer Aufbruch für Europa. Eine neue Dynamik für Deutschland. Ein neuer Zusammenhalt für unser Land [A New Departure for Europe. A New Dynamic for Germany. A New Solidarity for Our Country], Koalitionsvertrag zwischen CDU, CSU und SPD [Coalition Agreement Between CDU, CSU, and SPD], 19. Legislaturperiode [19th legislative Period], at 21, https://www.cdu.de/system/tdf/ media/dokumente/koalitionsvertrag_2018.pdf?file=1, archived at http://perma.cc/J63C-3ZCW.

[9] Kinderrechte ins Grundgesetz, supra note 7.

[10] Convention on the Rights of the Child [CRC], Nov. 20, 1989, 1577 U.N.T.S. 3, https://www.ohchr.org/ Documents/ProfessionalInterest/crc.pdf, archived at http://perma.cc/9QA9-ZRSG.

[11] Convention on the Rights of the Child. Status as at Apr. 8, 2019, United Nations Treaty Collection [UNTS], https://treaties.un.org/Pages/ViewDetails.aspx?src=IND&mtdsg_no=IV-11&chapter=4&lang=en#top, archived at http://perma.cc/C9E9-R7ER.

[12] Basic Law, art. 25.

[13] Fünfter und Sechster Staatenbericht der Bundesrepublik Deutschland zu dem Übereinkommen der Vereinten Nationen über die Rechte des Kindes [Fifth and Six Periodic Report of the Federal Republic of Germany on the Convention on the Rights of the Child] (Apr. 2019), at 3, https://www.bmfsfj.de/blob/ 133732/ed197a973db3136fa577d444dafa80e2/20190212-fuenfter-und-sechster-staatenbericht-data.pdf, archived athttps://perma.cc/W5LJ-JAWL.

[14] Id. art. 3, para. 1.

[15] Fünfter und Sechster Staatenbericht, supra note 13.

[16] Id. at 8; National CRC Monitoring Mechanism, German Institute for Human Rights, https://www.institut-fuer-menschenrechte.de/en/national-crc-monitoring-mechanism/, archived at https://perma.cc/YT23-4XCR.

[17] Strafgesetzbuch [StGB] [Criminal Code], Nov. 13, 1998, BGBl. I at 3322, as amended, http://www.gesetze -im-internet.de/stgb/StGB.pdf, archived at https://perma.cc/Q7BY-ZRMB, unofficial English translation available at http://www.gesetze-im-internet.de/englisch_stgb/englisch_stgb.pdf (English version updated through Oct. 10, 2013), archived at https://perma.cc/JTC9-UVFJ.

[18] Id. § 225.

[19] Id. § 225, para. 3.

[20] BVerfG, Jan. 17, 1979, docket no. 1 BvL 25/77, https://openjur.de/u/198960.html, archived at https://perma.cc/BB2V-JM34.

[21] Id. at 45.

[22] Criminal Code, § 171.

[23] Thomas Fischer, Strafgesetzbuch mit Nebengesetzen (65th ed. 2018), § 171, para. 6 (providing more examples).

[24] Criminal Code, § 174, para. 1.

[25] Id. § 176, paras. 1, 2.

[26] Id. § 176, para 4.

[27] Id. § 176a.

[28] Id. § 176b.

[29] Id. § 180, para. 1.

[30] Id. § 180, para. 2.

[31] Id. § 180, para. 3.

[32] Id. § 232, para. 3, no. 1.

[33] Id. §§ 184b, 184c.

[34] Id. § 184b, para. 1.

[35] Id. § 184c, para. 1.

[36] Id. § 226a.

[37] Id. § 236, para. 1.

[38] Id.

[39] Gesetz zur Neuregelung des Rechts der elterlichen Sorge Act on the Revision of the Law on Parental Care], July 18, 1979, Bundesgesetzblatt [BGBl.] [Federal Law Gazette] I at 1081, art. 1, no. 2, http://www.bgbl.de/ xaver/bgbl/start.xav?startbk=Bundesanzeiger_BGBl&jumpTo=bgbl179s1061.pdf, archived at http://perma.cc/ZPU6-TCHL.

[40] Deutscher Bundestag: Drucksachen und Protokolle [BT-Drs.] 8/2788, at 36, http://dip21.bundestag.de/ dip21/btd/08/027/0802788.pdf, archived at http://perma.cc/5243-LNPW.

[41] Bürgerliches Gesetzbuch [BGB] [Civil Code], Jan. 2, 2002, BGBl. I at 42, 2909; corrected in BGBl. 2003 I at 738, as amended, § 1626, para. 1, § 1629, para. 1, http://www.gesetze-im-internet.de/bgb/BGB.pdf, archived at https://perma.cc/SC7N-DXBB, unofficial English translation available at http://www.gesetze-im-internet.de/englisch_bgb/englisch_bgb.pdf (English version updated through Oct. 1, 2013), archived at https://perma.cc/HT3X-U658.

[42] Gesetz zur Reform des Kindschaftsrechts [Kindschaftsrechtsreformgesetz [KindRG] [Act to Reform the Laws on Children], Dec. 16, 1997, BGBl. I at 2942, art. 1, nos. 9, 10, 24, http://www.bgbl.de/xaver/bgbl/start.xav? startbk=Bundesanzeiger_BGBl&jumpTo=bgbl197s2942.pdf, archived at http://perma.cc/FK4V-XQD8.

[43] Gesetz über das Verfahren in Familiensachen und in den Angelegenheiten der freiwilligen Gerichtsbarkeit [FamFG] [Act on Proceedings in Family Matters and in Matters of Noncontentious Jurisdiction], Dec. 17, 2008, BGBl. I at 2586, 2587, as amended, § 158, http://www.gesetze-im-internet.de/famfg/FamFG.pdf, archived at https://perma.cc/V6N5-6WML (English version updated through Apr. 20, 2013), unofficial English translation available at http://www.gesetze-im-internet.de/englisch_famfg/englisch_famfg.pdf, archived at https://perma.cc/W23Y-577G.

[44] Gesetz zur Ächtung der Gewalt in der Erziehung und zur Änderung des Kindesunterhaltsrechts [Act to Condemn Violence in the Upbringing of Children and to Amend the Laws on Child Support], Nov. 2, 2000, BGBl. I at 1479, http://www.bgbl.de/xaver/bgbl/start.xav?startbk=Bundesanzeiger_BGBl&jumpTo=bgbl 100s1479.pdf, archived at https://perma.cc/3XL9-PXEX.

[45] Civil Code, § 1666, para. 1.

[46] Id. § 1666, para. 3.

[47] Id. §1666, para. 4.

[48] Id. § 1666a, para. 1.

[49] Bundeskinderschutzgesetz [BKiSchG] [Federal Act on the Protection of Children], Dec. 22, 2011, BGBl. I at 2975, http://www.bgbl.de/xaver/bgbl/start.xav?startbk=Bundesanzeiger_BGBl&jumpTo=bgbl111s2975.pdf, archived at http://perma.cc/S6C4-NHUD.

[50] Gesetz zur Kooperation und Information im Kinderschutz [KKG] [Act on Cooperation and Information in Matters of Child Protection], Dec. 22, 2011, BGBl. I at 2975, as amended, § 1, para. 1, http://www.gesetze-im-internet.de/kkg/KKG.pdf, archived at http://perma.cc/85LY-QGSA.

[51] Id. § 1, para. 3.

[52] Id. § 1, para. 4.

[53] Id. § 2, para. 1.

[54] Id. § 2, para. 2.

[55] Id. § 3, paras. 1-3.

[56] Id. § 3, para. 4.

[57] Id. § 3, para. 4, sentence 3; Verwaltungsvereinbarung Fonds Frühe Hilfen über die Bundesstifung Frühe Hilfen [Administrative Agreement Funds Early Intervention on the Federal Foundation Early Intervention], (2017), https://www.fruehehilfen.de/fileadmin/user_upload/fruehehilfen.de/pdf/Verwaltungsverein barung-Bundesstiftung-Fruehe-Hilfen.pdf, archived at https://perma.cc/J6M6-YKXC.

[58] Act on Cooperation and Information in Matters of Child Protection, § 4, para. 2.

[59] Id. § 4, para. 1.

[60] Id.

[61] Id. § 4, para. 3.

[62] Sozialgesetzbuch (SGB) – Achtes Buch (VIII) – Kinder- und Jugendhilfe [SGB VIII] [Social Code – Eighth Book – Child and Youth Welfare [Social Code VIII], Sept. 11, 2012, BGBl. I at 2022, as amended, http://www. gesetze-im-internet.de/sgb_8/SGB_8.pdf, archived at https://perma.cc/S8BL-JR7L.

[63] Id. § 1, para. 3, no. 3.

[64] Basic Law, art. 6, para. 3. See Part I, “Introduction,” above.

[65] Social Code VIII, § 8, para. 1, sentence 1.

[66] Id. § 8, para. 1, sentence 2.

[67] Id. § 8, para. 2.

[68] Id. § 8, para. 3.

[69] Id. § 8a, para. 1.

[70] Id. § 8a, para. 2.

[71] Id.

[72] Id. § 8a, para. 3.

[73] Id. § 42, para. 1.

[74] Id. § 45, para. 1.

[75] Id. § 45, para. 2.

[76] Id. § 45, para. 3.

[77] Id. § 43, para. 2, § 44, para. 2, § 72a.

[78] Id. § 98, para. 1, no. 13, § 99, para. 1, no. 1j, § 99, paras. 6, 6b.

[79] Jugendschutzgesetz [JuSchG] [Youth Protection Act], July 23, 2002, BGBl. I at 2730, as amended, http://www.gesetze-im-internet.de/juschg/JuSchG.pdf, archived at https://perma.cc/3L76-C7MU.

[80] Id. § 7.

[81] Id. § 9.

[82] Jugendarbeitsschutzgesetz [JarbSchG] [Youth Labor Protection Act], Apr. 12, 1976, BGBl. I at 965, as amended, § 5, para. 1, http://www.gesetze-im-internet.de/jarbschg/JArbSchG.pdf, archived at https://perma.cc/RC5R-GRNY.

[83] Id. § 1, para. 2; Friedrich Ambs, JarbSchG, § 1, paras. 14-21, in Georg Erbs &max Kohlhaas, Kommentar. Strafrechtliche Nebengesetze (222 ed. Dec. /2018) (providing further examples).

[84] Youth Labor Protection Act, § 6, para. 1.

[85] Id.

[86] Id. § 22.

[87] Id. § 25.

[88] Id. § 31.

[89] Id. §§ 58, 59.

[90] Aufgaben des NZFH [Tasks of the NZFH], NZFH, https://www.fruehehilfen.de/das-nzfh/ziele-und-auf gaben/aufgaben-des-nzfh/?count=20 (last visited Apr. 11, 2019), archived at https://perma.cc/ZSX2-VPWF.

[91] The Office, Independent Commissioner for Child Sexual Abuse Issues, https://dev.beauftragter-miss brauch.de/en/the-commissioner/the-office (last visited Apr. 11, 2019), archived at https://perma.cc/V2HK-G34S.

[92] Id.

[93] Id.

[94] Id.

[95] Nationwide Monitoring to Assess the Situation with Regard to the Prevention of Sexualized Violence Against Children and Adolescents in Germany, Independent Commissioner for Child Sexual Abuse Issues, https://beauftragter-missbrauch.de/praevention/schutzkonzepte/instrumente/monitoring#section_bildung (last visited Apr. 11, 2019), archived at https://perma.cc/XGX8-XKC2.

[96] Id.

[97] Id.

[98] Id.

[99] Press Release, Jugendämter haben 2017 häufiger geprüft, aber weniger Kindeswohlgefährdungen festgestellt [Youth Welfare Office Has Investigated More Often, But Has Found Less Child Welfare Endangerment] (Sept. 13, 2018), https://www.destatis.de/DE/Presse/Pressemitteilungen/2018/09/PD18_344_225.html, archived at https://perma.cc/WF53-HPFE; Destatis, Detaillierte Angaben zu Gefährdungseinschätzungen nach § 8a Absatz 1 SGB VIII [Detailed Information on Risk Assessments According to § 8a, paragraph 1 of SGB VIII], Sept. 13, 2018, https://www.destatis.de/DE/Themen/Gesellschaft-Umwelt/Soziales/Kinderhilfe-Jugend hilfe/Publikationen/Downloads-Kinder-und-Jugendhilfe/gefaehrdungseinschaetzungen-5225123177005. xls?__blob=publicationFile&v=4, archived at https://perma.cc/5GCB-5SAR.

[100] Bundeskriminalamt [BKA] [Federal Criminal Police Office], Polizeiliche Kriminalstatistik 2018. Ausgewählte Zahlen im Überblick [Police Crime Statistics 2018. An Overview of Selected Numbers] (Apr. 2019), https://www.bka.de/SharedDocs/Downloads/DE/Publikationen/PolizeilicheKriminalstatistik/ 2018/pks2018ImkBericht.pdf?__blob=publicationFile&v=5, archived at https://perma.cc/EEK9-AFSJ.

[101] Press Release, Deutsche Kinderhilfe, Zahlen der Polizeilichen Kriminalstatistik zeichnen ein trauriges Bild [Numbers of Poice Crime Statistics Paint a Sad Picture] (June 5, 2018), https://beauftragter-missbrauch.de/ fileadmin/Content/pdf/Pressemitteilungen/2018/Juni/05/Pressemitteilung_PKS_2017_20180506.pdf, archived at https://perma.cc/Y6QY-APJL.

[102] Id.

[103] Id.

[104] Auszug aus der Polizeilichen Kriminalstatistik 2017. Ländervergleich sexuelle Gewalt an Minderjährigen [Extract from the Poice Crime Statistics 2017. Comparison Between the States on Sexual Abuse of Minors], https://beauftragter-missbrauch.de/fileadmin/Content/pdf/Pressemitteilungen/2018/Juni/05/ PKS_2017_Laendervergleich_20180506.pdf, archived at https://perma.cc/E7V2-URP3.

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Last Updated: 12/30/2020