Of fundamental rights
The age of fundamental rights is the ability to exercise fundamental rights .
Demarcation
Of fundamental rights
The age of fundamental rights depends on the actual ability to exercise fundamental rights. Independent adults and minors are of legal age if they are mentally mature and capable of discernment. At ages as in the civil law capacity it comes to the theory of a flexible retirement age not to. What is to be considered - based on the age of the fundamental rights holder - is the ability to understand and act in relation to the respective content of the fundamental rights. Evidence results from age restrictions in the Basic Law itself, z. B. in Art. 38 Abs. 2 GG (18 years) or from other legal norms, z. B. in § 36 SGB I (15 years). An example of the legally regulated legal age of majority before reaching the age of majority is the age of religion when reaching the age of 14.
Fundamental rights
The ability to hold fundamental rights as the ability to hold a fundamental right does not depend on a certain age. The protection of fundamental rights begins with birth and ends with death, whereby the nasciturus is already fundamentally protected in his right to life and human dignity continues beyond death.
Fundamental rights entitlement
In principle, all natural persons are entitled to basic rights (Jedermannsrechte), provided that the legal position granted is not linked to nationality and narrows down to German law, e.g. freedom of occupation in accordance with Art. 12 para. 1 GG or only foreigners like the right of asylum ( Art. 16a para. 1 GG).
meaning
A constitutional complaint is only admissible if the complainant is competent to participate and to process.
Pursuant to Section 90 (1) of the BVerfGG, anyone claiming that one of their fundamental rights or rights equivalent to fundamental rights has been violated by public authorities can lodge a constitutional complaint with the Federal Constitutional Court . The ability to participate or to lodge a complaint follows from the fundamental legal capacity.
The process or procedural capability as the ability to carry out procedural acts yourself or through a self-appointed authorized representative, in turn, presupposes the age of fundamental rights. If there is no fundamental legal age, for example in the case of minors who are incapable of understanding and acting, legal representation by the legal guardian is required.
Individual evidence
- ↑ Björn P. Ebert: Basic knowledge: Verfassungsbeschwerde ZJS 2015, pp. 485, 486
- ↑ basic right of age rechtslexikon.net, accessed on January 18, 2018
- ↑ BVerfGE 88, 203
- ↑ BVerfGE 30, 173
- ^ Paul Kirchhof : The structure of the basic rights . University of Heidelberg, 2012
- ^ Paul Kirchhof : The structure of the basic rights . University of Heidelberg, 2012.
