The FDP proposal for reform of custody is ill-conceived and the ECHR, the not resolve discrimination complained of the fathers of illegitimate children.
middle of the silly season is the FDP from a proposal as a test balloon to a much-overdue issue of how custody of unmarried parents should be made in Germany after the third Last December, the European Court of Human Rights of the Federal Republic had issued a severe reprimand that the current arrangements discriminate against the German Father in his family life.
now wants to force the FDP with a known solution, the opposition to new parents, might go directly to the confinement in the courtroom. The Proposal specified that the parental rights of both parents while starting with the birth, but should be for a certain period only partially effective. The mother should then be given alone, and for good reason, the opportunity to object.
The proposal seems to initially charming, but will call in the face of many unanswered questions rather than to the opposition for approval. What time limits should apply? What if the mother is silent until the deadline of the father's name? Why again a unilateral, discriminatory and thus appeal rights of the mother? Why his father only in relation solely to the responsibility? If the parents begin to argue directly after birth?
It is now untenable from mothers to the opposition veto monopoly?
Secondly, the proposal fails to recognize the fundamental character of fundamental rights, which the part of the FDP, but surprised. All the fundamental rights inherent to automatically by the existence of an identifiable and do not arise even facticities producible. The option of a 18-year results just with age, without a party-faithful parents had a right to object. Similarly, a overprotective mother their offspring do not protect against having to pay admission of criminal responsibility to a higher responsibility enough.
makes the birth of a child Men and women for good parents, no matter which way of life they want or what happened to this family as of its date. Parenting starts at birth. Is it a person's life be any greater facticity?
Will the legislature changed living conditions seriously , he sees at last the real responsibility over by countless fathers, even beyond the parents' money, then it must change if reform is his "legal presumptions" in the treatment of illegitimate children. It is simply no longer up to the illegitimate children be treated as accident and injury occurrence or to denigrate the fathers as irresponsible carnival prince or pure mischief-makers.
go Rather, the statutory presumption meaning that when two people assume ne jointly to father a child and received, then they are also willing in principle to take responsibility for the education and upbringing of that child.
parental responsibility starts with the birth
one accepts, however, that the parents' responsibility begins for both parents with the birth, you can also take place, access to parental rights only as non-discriminatory, that the rights of parents, both parents become automatic. If they still not be able or willing to fulfill these responsibilities to be, there is already enough and good legislation to limit this parental rights exercise (§ 1671 BGB) or abolished (§ 1666 BGB), such as for reasons of child protection .
Therefore: equality from birth
is conceivable, therefore, an automatic origin in connection with the existing reciprocal right to request cancellation. In both (automatic creation and mutual right to terminate the request) then the parents would be under an equal footing and the illegitimate children on an equal footing mightest with the legitimate children.
One of special laws and special sections for maternal conflict is not required.
This would, in addition to the many things that are waiting around a birth for the new parents, the parents also impose a potentially destructive family conflict.
This can take the protection of marriage and family in the Constitution seriously, no one will.
A special law would also cause a variety of additional court proceedings and the Federal Republic would run back and forth with a new discrimination event for human rights courts to fail.
