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The more the dialect deviates from Standard German, the greater the effect.

January 29, 2020

The more the dialect deviates from Standard German, the greater the effect.

The basic right to freedom of belief does not give rise to any right to attend school "Not to be confronted with behavioral habits of third parties that are common in everyday life outside of school in many places or at certain times of the year" as the Federal Administrative Court explains on its website.

"Compulsory schooling is not subject to the fact that the lesson structure fades out social reality in those sections that may be perceived as offensive in the light of individual religious ideas" it continues. The risk of accidental contact with male classmates would also have arisen from a correspondingly careful teaching on the part of the teacher and the girl’s own precautions "an acceptable level" can be reduced.

In short: In this case, the state educational mandate prevails, is the reason. Before the verdict was announced, the 13-year-old’s father said he wanted to accept the decision.

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The 6th Senate gave a similar verdict in a second case that was negotiated on the same day in Leipzig. Five years ago, the parents of a son who is now 18 years old requested that the boy not watch the movie as part of class "Krabat" must see. It was about black magic – and that was not compatible with your faith as Jehovah’s Witnesses. Here, too, the basic right to parental upbringing collided with the state’s educational mandate in religious matters. Judge Neumann emphasized that school lessons in a pluralistic society cannot take every religious issue into account. "It is impractical to design lessons that take every belief into account. The consequence would be an extensive dissolution of the lessons." The movie "Krabat" the student should have looked at it. (Ref .: 6 C 12.12)

One "religious taboos" the Leipzig judges emphasized that schools do not have to give in. The only exceptions are "particularly serious impairments" conceivable.

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Muslim girls are not allowed to be exempted from swimming lessons with boys for religious reasons. This emerges from a decision by the Federal Constitutional Court. (Az. 1 BvR 3237/13)

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A student had sued through all instances unsuccessfully and wanted to overturn a ruling by the Federal Administrative Court in 2013. As a fifth grader, she received a sixth grade at a Hessian high school in the 2011/2012 school year because she refused to take swimming lessons.

Troubled by the sight of scantily clad classmates

The girl of Moroccan descent also refused to wear a burkini like some of her classmates – such a full-body swimsuit still reveals the body contours when wet. In addition, the high school student felt bothered by the sight of her scantily clad classmates.

Educational mandate goes beyond freedom of belief

Three years ago, the administrative judges placed the state educational mandate on freedom of belief. This also includes the authority to teach mixed-gender subjects. The student can be expected to take part.

According to the ruling, the young person did not deal sufficiently with this judgment in her constitutional complaint: for example, she does not plausibly explain why the burkini should not comply with the Islamic clothing regulations.

The Federal Constitutional Court therefore did not accept the student’s constitutional complaint due to deficiencies in the content.

The burkini as a compromise

Joint sports and swimming lessons have been common in Germany for decades. However, there were repeated disputes and legal disputes about the participation of strictly religious Muslim girls, especially in swimming lessons.

The burkini has been a compromise for several years. This full body suit only leaves hands, feet and face free. He thus complies with the Muslim clothing regulations and yet does not hinder swimming.

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Every fifth child in Germany lives in poverty, every fourth young person reports of domestic violence. Although German children are generally doing well, child aid organizations are calling for better protection against child poverty – also through the constitution.

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When there is talk of disregard for children’s rights, many initially think of child labor in India or underage soldiers in Africa. Children’s aid organizations are convinced that the rights of children and young people must also be improved in Germany. On International Children’s Rights Day, they want to emphasize their demand to include a special right in the Basic Law. But: does that really make sense?

How many children worldwide are living with restricted rights?

In Asia and Africa in particular, children suffer from domestic violence, exploitation and poverty every day. According to the UN Children’s Fund Unicef, around 85 million children are forced to work worldwide. Although almost all countries have recognized the UN Convention on the Rights of the Child from 1989, many rights only exist on paper. In addition, according to estimates by the children’s aid organization Terre des Hommes, 100 million children live on the streets. "Most come from poor families, experienced violence at home and ran away" says Barbara Küppers from Terre des Hommes. "An increase in the number of street children can also be observed after natural disasters, as is currently the case in the Philippines."

How are the German children?

The children in Germany are doing well, say children’s rights organizations – but with restrictions. The German Children’s Fund estimates that around 13 million children live in Germany, 2.8 million of them in poverty. According to Unicef, this is not the only problem. "On the one hand there are neglected children, on the other hand there are children with busy schedules who are supposed to function well. Both are not good" says Unicef ​​spokeswoman Helga Kuhn. Children in this country would often only be "Service providers" educated without being given freedom. "Children also have the right to play and free time" so Kuhn. 25 percent of young people also report domestic violence.

How are children legally protected in Germany?

Children in Germany are protected by numerous laws. In addition to the Child and Youth Welfare Act and the Child Protection Act, the right to a non-violent upbringing has existed since 2000. "The famous slap on the bottom is not okay either" says the spokesman for the German Children’s Fund, Uwe Kamp. The UN Convention on the Rights of the Child, which Germany agreed to in 1992, also has the status of a federal law, according to the Children’s Fund. Unicef ​​spokeswoman Kuhn sees the convention not fully implemented. "According to the Convention, all children have the same right to education. That is not really a reality in Germany."

What do children’s rights organizations want?

If it is in the opinion of Unicef ​​and Co., an explicit right for children should be included in the Basic Law. So far, the right of the child can only be found in a paragraph of Article 6, according to which child care and upbringing are the right and duty of parents. The constitution lacks the aspect that children are members of the community with equal rights and independent personalities.

What does the incumbent federal government say?

The incumbent Family Minister Kristina Schröder (CDU) rejects the proposal. In their view, the existing laws are sufficient. In addition, children and young people could lodge complaints with the UN if they felt they were being treated unfairly in Germany.

Is it likely that children’s rights will find their way into the constitution?

Children’s rights have so far not played a role in the coalition negotiations. It is therefore questionable to what extent a new federal government will deal with the issue. A two-thirds majority would have to agree to a change in the Basic Law in both the Bundestag and the Bundesrat. Given the current majority situation, this is not realistic.

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Speaking dialect has long been considered a flaw. The fears of parents and teachers that the dialect could harm a child later in their professional career are too deep. But a dialect is much more than just romantic and folkloric.

Anyone who masters a dialect has a larger vocabulary, knows several terms for the same thing. If you know a lot of synonyms, you will find it easier to learn foreign languages. Put simply, the brain is then used to being assigned completely different words. "Multilingual knowledge, including the knowledge that arises from using dialect and high-level language, has enormous advantages for a child" says Wolfgang Schulze, dialect expert at Munich University.

Dialect speakers grow up bilingual

The more diverse ways to express one’s thoughts are just one example. Another is the fact that there is a gap in the perception of high-level language. "This makes it much clearer to the child what actually constitutes the structures of high-level language and how these can be used more consciously. Which increases the understanding of the language itself and thus the teaching of foreign languages ​​can also be improved" so Schulze. Incidentally, the more the dialect deviates from standard German, the greater the effect.

Children easily switch from one language to another

Horst Haider Munske from the Friedrich-Alexander-Universität Erlangen / Nürnberg also deals with dialects professionally. "Nobody trains a dialect today. The ability to speak dialect is lost if it is not used."

He points out that it is usually not a problem for a child to learn several languages. Especially not when these languages ​​are associated with specific speakers. So there is no difficulty in speaking the dialect on the street or in the school yard, but using standard German with parents and during class.

Dialect connects

The dialect is part of personal identity. "It creates an awareness of regional, ideal, practical togetherness among dialect speakers – even those who only half master it or even only understand it" says the linguist Munske.

He adds: "Schools used to be the main antagonist of dialects. That has changed.

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