- Berufsverbot
Berufsverbot is an order of "professional disqualification" under German
law .A "Berufsverbot" disqualifies the recipient from engaging in certain professions or activities on the grounds of his or her criminal record or membership in a particular group.
The "Berufsverbot" in Nazi Germany
Pursuant to a 1933 law (the "Berufsbeamtengesetz"), many
Jew s, artists and political opponents were prohibited by theNazi government in Germany from engaging in certain professions.Post-World War II "Berufsverbot"
After 1945, the allied authorities in
West Germany issued "Berufsverbot" orders against certain political filmmakers.The 1972 Anti-Radical Decree
On January 28, 1972, West German Chancellor
Willy Brandt and the premiers of the states instituted the so-called "Radikalenerlass" (Anti-Radical Decree). Under this law, people who were considered to have radical views, especially if the were members of such parties, could be forbidden to work as civil servant ("Beamter ") and in other public sector occupations such as teaching. The decree was declared as response toterrorism by theRed Army Faction ."Berufsverbot" 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 law was applied unevenly after 1979, and many of the
states of Germany repealed the relevant legislation.Treatment under EU law
In at least one case (Vogt v. Germany (1), 1995) the
European Court of Human Rights found Germany in breach of its responsibilities to a citizen (Dorothea Vogt, a dismissed teacher who was an active member of the German Communist Party) under article 10 (right to freedom of expression) and 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.References
* Bulletin of the Government of the Federal Republic of Germany no. 15 of 3 February 1972, p. 142
* Vogt v. Germany (1), 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
* [http://germanhistorydocs.ghi-dc.org/sub_document.cfm?document_id=898 the 1972 Anti-Radical Decree]
* [http://www.gegen-berufsverbote.de/lib/international/chronoenglish.html a chronology of the events in the Michael Csaszkóczy case, 2001-2006] from an [http://gegen-berufsverbote.de/index1-e.php anti-berufsverbote site]
Wikimedia Foundation. 2010.
