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 **Ge ...

law Law is a set of rules that are created and are enforceable by social or governmental institutions to regulate behavior,Robertson, ''Crimes against humanity'', 90. with its precise definition a matter of longstanding debate. It has been vario ...

. 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

Jew Jews ( he, יְהוּדִים, , ) or Jewish people are an ethnoreligious group and nation originating from the Israelites Israelite origins and kingdom: "The first act in the long drama of Jewish history is the age of the Israelites""T ...

s, artists, political opponents, and others were prohibited by the

National Socialist Nazism ( ; german: Nazismus), the common name in English for National Socialism (german: Nationalsozialismus, ), is the far-right totalitarian political ideology and practices associated with Adolf Hitler and the Nazi Party (NSDAP) in Na ...

government in Germany from engaging in certain professions.

Post-World War II

After 1945, the allied authorities in

West Germany West Germany is the colloquial term used to indicate the Federal Republic of Germany (FRG; german: Bundesrepublik Deutschland , BRD) between its formation on 23 May 1949 and the German reunification through the accession of East Germany on 3 O ...

issued orders against certain political filmmakers, such as

Leni Riefenstahl Helene Bertha Amalie "Leni" Riefenstahl (; 22 August 1902 – 8 September 2003) was a German film director, photographer and actress known for her role in producing Nazi propaganda. A talented swimmer and an artist, Riefenstahl also became in ...

, 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 Terrorism, in its broadest sense, is the use of criminal violence to provoke a state of terror or fear, mostly with the intention to achieve political or religious aims. The term is used in this regard primarily to refer to intentional violen ...

by the

Red Army Faction The Red Army Faction (RAF, ; , ),See the section "Name" also known as the Baader–Meinhof Group or Baader–Meinhof Gang (, , active 1970–1998), was a West German far-left Marxist-Leninist urban guerrilla group founded in 1970. The ...

. 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 The Basic Law for the Federal Republic of Germany (german: Grundgesetz für die Bundesrepublik Deutschland) is the constitution of the Germany, Federal Republic of Germany. The West German Constitution was approved in Bonn on 8 May 1949 an ...

. 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 published a condemnation of the ''Berufsverbot'' practice. Other states, like

Bavaria Bavaria ( ; ), officially the Free State of Bavaria (german: Freistaat Bayern, link=no ), is a state in the south-east of Germany. With an area of , Bavaria is the largest German state by land area, comprising roughly a fifth of the total lan ...

, still apply the decree.

Treatment under Council of Europe law

In at least one case ('' Vogt v. Germany'', 1995), the

European Court of Human Rights The European Court of Human Rights (ECHR or ECtHR), also known as the Strasbourg Court, is an international court of the Council of Europe which interprets the European Convention on Human Rights. The court hears applications alleging that ...

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 European Convention on Human Rights (ECHR; formally the Convention for the Protection of Human Rights and Fundamental Freedoms) is an international convention to protect human rights and political freedoms in Europe. Drafted in 1950 by ...

. 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.

References

* ''Bulletin of the Government of the Federal Republic of Germany'' no. 15 of 3 February 1972, p. 142 * '' Vogt v. Germany'', 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