Berufsverbote
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is an order of "professional disqualification" under
German German(s) may refer to: * Germany (of or related to) **Germania (historical use) * Germans, citizens of Germany, people of German ancestry, or native speakers of the German language ** For citizens of Germany, see also German nationality law **Ger ...
law. Berufsverbot may be translated into English as "professional ban". A disqualifies the recipient from engaging in certain professions or activities on the grounds of their criminal record, political convictions or membership in a particular group.


The in National Socialist Germany

Pursuant to a 1933 law (the ), many Jews, artists, political opponents, and others were prohibited by the National Socialist government in Germany from engaging in certain professions.


Post-World War II

After 1945, the allied authorities in West Germany issued orders against certain political filmmakers, such as Leni Riefenstahl, who got a lifelong ''Berufsverbot''.


1972 Anti-Radical Decree

On 28 January 1972 the federal government and the premiers of the states instituted the so-called (Anti-Radical Decree). Under this decree, people who were considered to be a member or aligned to an extremist organization, were banned from work as civil servants (), which includes a variety of public sector occupations such as teaching. The decree was declared as response to terrorism by the Red Army Faction. is the common name for the decree by people who opposed it, because they claim it contradicts the freedom of occupational choice guaranteed by the Basic Law of Germany. Law experts do not use the term for these cases as the decree does not forbid by itself. The law was applied unevenly after 1979, and many of the states of Germany repealed the relevant legislation. The Landtag of
Niedersachsen Lower Saxony (german: Niedersachsen ; nds, Neddersassen; stq, Läichsaksen) is a German state (') in northwestern Germany. It is the second-largest state by land area, with , and fourth-largest in population (8 million in 2021) among the 16 ...
published a condemnation of the ''Berufsverbot'' practice. Other states, like Bavaria, still apply the decree.


Treatment under Council of Europe law

In at least one case (''
Vogt v. Germany ''Vogt v. Germany'' (1996) 21 EHRR 205, (17851/91) was a case decided by the European Court of Human Rights (ECHR) in 1995. The case concerned a Mrs. Vogt who was suspended from her teaching job at a public secondary school because of her past memb ...
'', 1995), the European Court of Human Rights found Germany in breach of its responsibilities to a citizen (, a dismissed teacher who was an active member of the German Communist Party) under Article 10 (right to freedom of expression) and Article 11 (right to freedom of assembly and association) of the European Convention on Human Rights. The government subsequently settled with her, providing compensation for her time without full earnings, topping up her pension rights for that period, as well as other modest damages and costs.


See also

* Disbarment


References

* ''Bulletin of the Government of the Federal Republic of Germany'' no. 15 of 3 February 1972, p. 142 * ''
Vogt v. Germany ''Vogt v. Germany'' (1996) 21 EHRR 205, (17851/91) was a case decided by the European Court of Human Rights (ECHR) in 1995. The case concerned a Mrs. Vogt who was suspended from her teaching job at a public secondary school because of her past memb ...
'', European Court of Human Rights, sitting as a Grand Chamber in Strasbourg, main judgement delivered 2 September 1995. Case number 7/1994/454/535. Application number 17851/91.


External links


the 1972 Anti-Radical Decree


from an ttp://gegen-berufsverbote.de/index1-e.php anti-Berufsverbote site {{Authority control Civil services German labour law Red Army Faction Political repression in Germany