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Human dignity is inviolable
“Human dignity is inviolable. To respect and protect it is the duty of all state authority.”
Children, parents and families are not subject to arbitrary action by public authorities either. State action must respect the dignity of every human being.
Parental rights are fundamental rights – not an act of grace
“The care and upbringing of children are the natural right of parents and the duty primarily incumbent upon them.”
The state must not take the place of the parents but merely supervises the exercise of this right. As a rule, maintaining contact with both parents forms part of the child’s best interests.
Courts, too, are bound by law and justice.
“The executive and the judiciary shall be bound by law and justice.”
The rule of law does not end in the courtroom. Those who administer justice must respect the law.
Perverting the course of justice is not a mistake – it is a criminal offence.
“A judge, another public official or an arbitrator” who, in the course of a legal matter, “is guilty of perverting the law” shall be punished.
Where the law is deliberately perverted, trust in the state is destroyed.
Anyone whose rights are violated by public authority is entitled to legal protection.
“If anyone’s rights are violated by public authority, recourse to the courts shall be open to them.”
Fundamental rights are not decoration. They must be enforceable.
Necessity is not a violation of the law – necessity is protection.
“Anyone who acts in the face of a present danger that cannot otherwise be averted does not act unlawfully.”
Where a child is permanently separated from their father, alienated from him through active conduct or omission, and ordinary legal remedies no longer provide effective assistance, the law also permits extraordinary protective measures.
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