The New Germany Part 21

ARTICLE 116.

Acts are punishable only if they have been designated by law as punishable before they were committed.

ARTICLE 117.

The secrecy of the post, telegraph, and telephone service is inviolable. Exceptions are only admissible under act of the Realm.

ARTICLE 118.

Every German may express his opinion in speech, writing, print, pictorially, or by any other means, within the limits imposed by the law. He may not be obstructed in this right by any contract relating to his work or his employment; no disadvantage may be imposed on him by any person, should he make use of his right.

There is no censorship; nevertheless, restrictions may be laid down by law with regard to cinemas. Moreover, legislative action is admissible for the suppression of obscene or indecent literature, as well as for the protection of young persons at public performances or exhibitions.

SECTION II

THE COMMUNITY

ARTICLE 119.

Marriage, as being the basis of family life and of the maintenance and growth of the nation, shall be under the special protection of the const.i.tution. It rests on the equality of the two s.e.xes.

The State and the local authorities shall undertake to perfect, purify and promote family life. Numerous families shall be protected proportionately.

Motherhood can claim protection and provision by the State.

ARTICLE 120.

The education of their offspring in physical, spiritual, and social efficiency is the supreme duty and natural right of the parents; the social State supervises such activities.

ARTICLE 121.

Legislation shall provide for illegitimate children the same opportunities for physical, spiritual, and social development as are provided for legitimate children.

ARTICLE 122.

Young persons shall be protected against exploitation and against moral, spiritual, and physical neglect. The necessary arrangements shall be inst.i.tuted by the State and munic.i.p.alities.

Protective provisions of a compulsory character can only be imposed by law.

ARTICLE 123.

All Germans are ent.i.tled to meet together, peaceably and unarmed, without previous notice or special permission.

An act of the Realm may require notification of open-air meetings, and, where there is direct danger to public security, may forbid them.

ARTICLE 124.

All Germans are ent.i.tled to form a.s.sociations or unions for purposes which are not in contravention of the penal law. This right may not be restricted by preventive measures. The same holds good for religious unions and a.s.sociations.[38]

Every a.s.sociation may acquire corporate rights in accordance with the provisions of the Civil Code. Corporate rights may not be refused to any a.s.sociation on the ground that its aims are of a political, social, political, or religious nature.

ARTICLE 125.

The liberty and secrecy of the ballot are guaranteed. An electoral law shall make further provision.

ARTICLE 126.

Every German may address a written pet.i.tion or complaint to the competent authority or the people's representatives. This right may be exercised both by the individual or by several persons in common.

ARTICLE 127.

Local authorities and a.s.sociations of local authorities have the right to administer their own affairs within the limits laid down by the law.

ARTICLE 128.

All citizens without exception are eligible for public office as provided by the law, and in proportion to their suitability and services.

All exceptional measures against women officials are abolished.

An act of the Realm shall regulate the Civil Service.

ARTICLE 129.

Officials shall be appointed for life, except as may be otherwise provided by law. Pensions and the pensions of dependants shall be regulated by law. Rights duly acquired by officials are inviolable.

Officials may have legal remedy for recovering financial claims.

Officials shall not be dismissed, nor provisionally or permanently pensioned, nor transferred to another office with less salary, except under provisions and procedure established by law.

Every official penalty must be subject to appeal and revision.

Unfavourable entries may not be made in the personal record of any official unless he has had opportunity to reply to them. Officials have the right to examine their record.

The inviolability of duly acquired rights and the right to have recourse to legal process for the recovery of financial claims are especially guaranteed to professional soldiers. In all other respects their position shall be regulated by an award of the Realm.