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EACEA National Policies Platform: Youthwiki
Germany

Germany

1. Youth Policy Governance

1.2 National youth law

On this page
  1. Existence of a National Youth Law
  2. Scope and contents
  3. Revisions/updates

Existence of a National Youth Law

Germany does not currently have a separate law in place at national or regional level that deals comprehensively with the needs and rights of young people. Instead, a number of different laws address the needs and rights of young people along with other related youth policy matters.  Some of these laws include the word "youth" or similar in their title and regulate in relative detail important areas of young people's lives. Other laws regulate the needs and rights of the general population, and include rules that affect young people. The table below lists many – but not all – of the federal laws that affect the lives of young people:  

LawContent (affecting young people)EnactedLast amended
Book 8 German Social Code – Child and Youth Services (Sozialgesetzbuch Achtes Buch – Kinder- und Jugendhilfe, SGB VIII)Governing the services and structures of child and youth services including youth work and youth social work.26 June 1990; new version 11 September 200228 April 2020
Youth Courts Act (Jugendgerichtsgesetz, JGG)Regulating criminal law relating to young people.4 August 1953; new version 11 December 19749 December 2019
Protection of Young Persons Act (Jugendschutzgesetz, JuSchG)Regulating the protection of children and young people in public, including restrictions on the sale, supply and consumption of legal drugs, access to films and computer games, gambling, and the presence of children and young people in restaurants and discos.23 July 200210 March 2017
Young Persons (Protection of Employment) Act (Gesetz zum Schutze der arbeitenden Jugend, JArbSchG)Regulating employment protection for young people, including working hours, overtime and holiday entitlement.12 April 197612 December 2019
Act to Promote Youth Voluntary Services (Gesetz zur Förderung von Jugendfreiwilligendiensten, JFDG)Regulating the Voluntary Social Year (Freiwilliges Soziales Jahr, FSJ) and the Voluntary Ecological Year (Freiwilliges Ökologisches Jahr, FÖJ).16 May 200812 December 2019
Act on Proceedings in Family Matters and in Matters of Non-contentious Jurisdiction (Gesetz über das Verfahren in Familiensachen und in den Angelegenheiten der freiwilligen Gerichtsbarkeit, FamFG)Regulating proceedings in family matters, including divorce, parentage, adoption, estate.17 December 200819 March 2020
Act on cooperation and information in child protection matters (Gesetz zur Kooperation und Information im Kinderschutz, KKG)Protecting the welfare of children and young people and promoting their physical, mental and emotional development.22 December 201123 December 2016
Adoption Placement Act (Adoptionsvermittlungsgesetz, AdVermiG)Regulating adoption placement and prohibiting surrogacy.2 July 1976; new version 22 December 200122 November 2019
German Interstate Treaty on the Protection of Minors in the Media (Jugendmedienschutz-Staatsvertrag, JMStV)JMStV is an agreement between all federal states (Länder) to ensure the same level of protection for young people across Germany. The regulations aim to prevent broadcasting and television services that could harm or endanger the development or upbringing of children and young people.13 September 20023 December 2015
Federal Training Assistance Act (Bundesausbildungsförderungsgesetz, BAföG)Regulating individual financial assistance for young people in training.26 August 1971; new version 7 December 201025 May 2020
Book 12 German Social Code – Social Assistance (Sozialgesetzbuch Zwölftes Buch – Sozialhilfe, SGB XII)Regulating social assistance in Germany. Specific to young people, SGB XII covers the standard needs rates, training and participation expenses, and cost reimbursements for placement with another family, to name just a few.27 December 200319 June 2020
German Civil Code (Bürgerliches Gesetzbuch, BGB)Regulating legal relationships between private individuals. Specific to young people, it regulates areas such as the age of majority and capacity to contract.18 August 1896, new version 2 January 200212 June 2020
Book 3 German Social Code – Employment Promotion (Sozialgesetzbuch Drittes Buch – Arbeitsförderung, SGB III)Specific to young people, it regulates areas such as vocational training assistance.24 March 199714 July 2020
Book 2 German Social Code – Basic Security for Jobseekers (Sozialgesetzbuch Zweites Buch – Grundsicherung für Arbeitsuchende, SGB II)Aiming to enable recipients to live a dignified existence by providing basic security for jobseekers.24 December 2003; new version 13 May 2011 12 June 2020
German Criminal Code (Strafgesetzbuch, StGB)StGB only applies to criminal acts by young people and adolescents where such acts are not covered by the provisions of the Youth Courts Act (Jugendgerichtsgesetz, JGG).15 May 1871; new version 13 November 1998 10 July 2020
Book 9 German Social Code – Rehabilitation and Participation of Disabled Persons (Sozialgesetzbuch Neuntes Buch – Rehabilitation und Teilhabe von Menschen mit Behinderungen, SGB IX)Setting out regulations for people with disability and people at risk of disability. Specific to young people, SGB IX contains rules on the scope of application, and support for young apprentices with disability.23 December 201714 December 2019
Federal Elections Act (Bundeswahlgesetz, BWahlG)Regulating young people's right to vote (aktives Wahlrecht) and right to be elected (passives Wahlrecht).7 May 1956; new version 23 July 1993 19 June 2020 

 

 

The Federal Ministry for Family Affairs, Senior Citizens, Women and Youth (Bundesministerium für Familie, Senioren, Frauen und Jugend, BMFSFJ) is the federal authority responsible for youth and child and youth services. At regional (Länder) level, it is the ministries for education and/or social affairs (> Section 1.4. Youth policy decision-making). However, the laws listed here are developed mostly outside of the youth department. Youth policy – i.e. policies targeting young people, their needs and rights – is decided by all departments and ministries that develop and implement laws which affect the lives of young people (such as the departments of labour, social affairs, or health). Despite this, Book 8 of the German Social Code (Sozialgesetzbuch Achtes Buch, SGB VIII) is often seen as the main law regulating matters relating to young people.

 

The development of the federal government's Youth Strategy (> Section 1.3 National youth strategy) served to strengthen the idea of establishing a cross-sectoral youth policy coordinated by BMFSFJ. At the same time, non-curricular institutional roles and responsibilities relating to young people in Germany, in particular the provision of youth work, youth social work and youth services, are assigned to the youth department. The result is a highly complex youth policy framework in Germany and many different laws defining the legal age limits for the period of life known as "youth". 

As at federal level, specific departments in the federal states (Länder) are responsible for youth and for implementing child and youth services. This is in contrast to the idea of a cross-sectoral youth policy. Sections 69 to 71 of SGB VIII require the federal states to enact a law implementing the Child and Youth Services Act (Kinder- und Jugendhilfegesetz). These laws, together with the school acts in the federal states, are important instruments under Germany's federal structure (> Section 1.4.1. Policy-making) regulating large parts of the lives of young people. Municipal constitution acts (Kommunalverfassungsgesetze) and municipal codes (Gemeindeordnungen) in the states also offer supporting regulations. Many states regulate young people's participation in planning matters and projects related to their interests in the municipal constitution acts and municipal codes. Whilst some are legal requirements, others are recommendations or advisory guidelines, i.e. young people can be involved (e.g. section 41a of the municipal code of Baden-Württemberg (Gemeindeordnung Baden-Württemberg), young people should be involved (e.g. section 36 of the municipal constitution act of Lower Saxony (Niedersächsisches Kommunalverfassungsgesetz) and young people must be involved (e.g. section 47f of the municipal code of Schleswig-Holstein (Gemeindeordnung Schleswig-Holstein) (> Section 5 Participation). 

Lastly, a few words on the relationship between youth policy and education policy: Education policy in Germany is decided by the federal states (Länder). The Basic Law for the Federal Republic of Germany (Grundgesetz, GG) says that the 16 federal states largely have sole legislative competence for schools and education. These powers mean each state decides for itself on how the education system is organised and how educators are trained. The federal states coordinate supra-regional issues, like the mutual recognition of school-leaving qualifications, at the Standing Conference of the Ministers of Education and Cultural Affairs (Kultusministerkonferenz, KMK).

Education policy, in the context of youth policy as described above, affects large parts of the lives of young people, making it an important part of youth policy. Despite this, there is still a relatively clear division in Germany between a) formal education and education policy, and b) the field of non-formal and informal education, which is taught via youth work and other channels. Discussions are held regularly on this issue. Questions include: How can youth work initiatives be incorporated into all-day schooling programmes? Or: Which non-formal and informal learning opportunities are available in schools? This relationship leads to overlaps in discourse on youth policy and education policy.  

Scope and contents

This section only looks at those laws containing the word "youth" or similar in their title from the large body of legislation addressing the needs and rights of young people (> Section 1.2.1. National youth law). Book 8 of the German Social Code – Child and Youth Services (Sozialgesetzbuch Achtes Buch – Kinder und Jugendhilfe, SGB VIII) regulates many of the services and responsibilities of child and youth services. These relate to:

  • Youth work, youth social work, educational child and youth protection.
  • Supporting education in the family.
  • Supporting children in child day care.
  • Socio-educational support services.
  • Help with integrating children and young people with mental health problems.
  • Help for young persons that have attained full age.

SGB VIII also says who is responsible for organising and providing these services. It thus provides the legal basis for these responsibilities at federal, regional (Länder) and local authority level, supported by non-statutory child and youth service organisations (> Section 1.4.1. Structure of decision-making).  Quite a few provisions of SGB VIII are directed at specific young target groups and/or at assistance for specific target groups. These are: 

  • Children and young people with psychological impairments (Sections 27 to 40).
  • Young people who have attained full age (Sections 27 to 41, 86a).
  • Unaccompanied refugee minors (Sections 42, 88a).

In 2018 a broad participation and dialogue process began on reforming SGB VIII (for content > Section 1.9 Current debates and reforms). The Federal Ministry for Family Affairs, Senior Citizens, Women and Youth (Bundesministerium für Familie, Senioren, Frauen und Jugend, BMFSFJ) invited around 50 experts from a practical and scientific background in child and youth services, as well as from disability organisations, health care, and the states and local authorities, to discuss reforming the SGB VIII as part of the initiative Have your say: Shaping the future of child and youth services (Mitreden – Mitgestalten: Die Zukunft der Kinder- und Jugendhilfe). BMFSFJ asked the German Federal Youth Council (Deutscher Bundesjugendring) to represent youth interests in the debate. BMFSFJ is using the results of these discussions in a draft revision of SGB VIII. It is hoped the new version of the law will take effect by the end of the current parliamentary term (autumn 2021).

The Youth Courts Act (Jugendgerichtgesetz, JGG) regulates juvenile criminal law. A juvenile (young person aged 14 to 17 years) shall bear criminal liability if, at the time of the act, they have reached a level of moral and intellectual maturity sufficient to enable them to understand the wrongfulness of the act and to conduct themselves in accordance with such understanding (Section 3 JGG). Youth criminal law is only applied to young adults (aged 18 to 20 years) if, at the time of the act, they were still equivalent to a juvenile in terms of their moral and intellectual development, or the type, circumstances and motives of the act indicate that it constituted youth misconduct (Section 105 JGG).

The Protection of Young Persons Act (Jugendschutzgesetz, JuSchG) regulates youth protection in public and the media. This includes the presence of young people in restaurants, amusement arcades, at potentially harmful events and establishments, and film events, as well as their use of gambling services, alcoholic drinks, smoking in public, and tobacco products, and the rating of films and film and game programmes.

The Young Persons (Protection of Employment) Act (Jugendarbeitsschutzgesetz, JArbSchG) specifies the conditions under which under-18s are allowed to work. This relates to working time and free time, and to bans and restrictions on employment.

As the federal states (Länder) are solely responsible for legislation on the organisation of schools and education (> Section 1.2.1 Existence of a national youth law), each state has its own school act (Schulgesetz) on the rights and obligations of pupils, educators, parents and schools. The school acts play a major role in young people's lives, but unlike the laws listed above they are not enacted by the federal government. The Standing Conference of the Ministers of Education and Cultural Affairs (Kultusministerkonferenz, KMK) published an overview of the German education system as part of the European Information Network on Education in Europe (EURYDICE). The KMK is where all of the state culture and education ministries come together to coordinate their activities. 

Revisions/updates

The Federal Law Gazette (Bundesgesetzblatt) announces all changes and additions to laws. Below is a list of changes to the laws listed in Section 1.2.2. Scope and contents.

Book 8 of the German Social Code – Child and Youth Services (Sozialgesetzbuch Achtes Buch – Kinder und Jugendhilfe, SGB VIII) from 1991 has been changed and amended quite a few times since it first came into effect nationwide. 41 amending laws have been enacted since 2007. Some relate to individual paragraphs, whilst others concern a number of regulations. Below are a few examples of changes and amendments:

The Youth Courts Act (Jugendgerichtgesetz, JGG) was changed most recently at the end of 2019 following the implementation of two EU Directives in national law (EU Directive 2016/800 "on procedural safeguards for children who are suspects or accused persons in criminal proceedings" and EU Directive 2016/1919 "on legal aid for suspects and accused persons in criminal proceedings and for requested persons in European arrest warrant proceedings"). The updated JGG includes procedural safeguards to ensure that children and young adults who are suspects or accused persons in criminal proceedings can understand and follow the proceedings, and exercise their right to a fair trial.

Generally speaking, most updates to the JGG are to incorporate new sources of danger to young people at the time, e.g. alcopops (2004), passive smoking (2007 and 2009), e-cigarettes (2016) and the implementation of the European framework decision on combating the sexual abuse and sexual exploitation of children and child pornography (2008).

The Young Persons (Protection of Employment) Act (Jugendarbeitsschutzgesetz, JArbSchG) has also been changed quite a few times. The last major update modernised and strengthened areas relating to vocational education and training and took effect on 1 January 2020 (Act to modernise and strengthen vocational education and training [Gesetz zur Modernisierung und Stärkung der beruflichen Bildung]).