8 Art. 7 GG: School

Abstract

This chapter discusses the provisions of Art. 7 of the Grundgesetz (GG) concerning the state's organisational power, the freedom to establish private schools, and the legal position of parents, students, and educators. Art. 7 para 1. GG grants the state the authority — and imposes the obligation — to not stand by and allow the school system to be operated on its own, for example by commercial providers or religious or philosophical communities. Other provisions relate to religious instruction and the abolition of the pre-primary school. The chapter examines the jurisprudence of the Federal Constitutional Court with regard to the state's power to organise schools, child-rearing and instruction (for example, the issue of sex education in schools), the rights of parents concerning the care and education of children, and the rights of students in school.