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Basic Law of the Federal Republic of Germany (1949/ Amendments 1956)

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Article 5

(1) Everyone has the right freely to express and publish his opinions in speech, writing, and pictures and freely to inform himself from generally accessible sources. Freedom of the press and freedom of reporting by radio and motion pictures are guaranteed. There shall be no censorship.
(2) These rights are limited by the provisions of the general laws, the provisions of law for the protection of youth, and by the right to inviolability of personal honor.
(3) Art and science, research and teaching are free. Freedom to teach does not absolve from loyalty to the constitution.

Article 6

(1) Marriage and the family enjoy the special protection of the state.
(2) Care and upbringing of children are the natural right of the parents and a duty primarily incumbent on them. The state watches over performance of this duty.
(3) Separation of children from the family against the will of the persons entitled to bring them up may take place only pursuant to a law, if those so entitled fail in their duty or if the children are otherwise threatened with neglect.
(4) Every mother is entitled to the protection and care of the community.
(5) Illegitimate children are to be provided by legislation with the same opportunities for physical and spiritual development and their position in society as are enjoyed by legitimate children.

Article 7

(1) The entire system of schools is under the supervision of the state.
(2) The persons entitled to bring up a child have the right to decide whether it shall receive religious instruction.
(3) Religious instruction forms part of the ordinary curriculum in state and municipal schools, except in non-denominational schools. Without prejudice to the state’s right of supervision, religious instruction is given in accordance with the tenets of the religious communities. No teacher may be obliged to give religious instruction against his will.
(4) The right to establish private schools is guaranteed. Private schools, as a substitute to state or municipal schools, require the approval of the state and are subject to the laws of the Länder. This approval is to be given if the private schools are not inferior to the state or municipal schools in their educational aims, their facilities, and the professional training of their teaching staff, and if a segregation of the pupils according to the means of their parents is not promoted. This approval is to be withheld if the economic and legal position of the teaching staff is not sufficiently assured.
(5) A private elementary school is to be approved only if the educational authority finds that it serves a special pedagogic interest, or if, on application of the persons entitled to bring up the children, it is to be established as an inter-denominational school or as a denominational or ideological (weltanschaulich) school and a state or municipal elementary school of this type does not exist in the Gemeinde.
(6) Preparatory schools (Vorschulen) remain abolished.

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