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

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Amendments to Art. 1, 12, 17 effected by the Law to Supplement the Basic Law of March 19, 1956:

1. Article 1 paragraph (3) shall read as follows:
(3) The following basic rights bind the legislature, the executive and the judiciary as directly enforceable law.

2. Article 12 shall read as follows:

Article 12

(1) All Germans have the right freely to choose their trade or profession, their place of work and their place of training. The practice of trades and professions may be regulated by law.
(2) No one may be compelled to perform a particular work except within the framework of a traditional compulsory public service which applies generally and equally to all. Anyone who refuses on conscientious grounds to render war service involving the use of arms may be required to render an alternative service. The duration of this alternative service shall not exceed the duration of military service. Details shall be regulated by a law which shall not prejudice freedom of conscience and shall provide also for the possibility of an alternative service having no connection with any unit of the Armed Forces.
(3) Women shall not be required by law to render service in any unit of the Armed Forces. On no account shall they be employed in any service involving the use of arms.
(4) Forced labour may be imposed only in the event that a person is deprived of his freedom by the sentence of a court.

3. The following Article 17a shall be inserted after Article 17:

Article 17a

(1) Laws concerning military service and alternative service may by provisions applying to members of the Armed Forces and of alternative Services during their period of military or alternative service, restrict the basic right freely to express and to disseminate opinions by speech, writing and pictures (Article 5 paragraph [1] first half-sentence), the basic right of assembly (Article 8), and the right of petition (Article 17) insofar as it permits to address requests or complaints jointly with others.
(2) Laws for defence purposes, including the protection of the civilian population, may provide for the restriction of the basic rights of freedom of movement (Article 11) and inviolability of the home (article 13).

[ . . . ]



Source: The Basic Law of the Federal Republic of Germany, reprinted in John F. Golay, The Founding of the Federal Republic of Germany. Chicago, 1958, pp. 217-23, 250, 254, 258-59.

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