Press release
We are all constitutional protection
Under the motto "We are all constitutional protection", the association Erzengel points out that what is regulated in Article 4 of the constitution of the state of Hesse, in particular respect for the will of the child, is still not being implemented. Together with those affected, we would like to raise awareness among politicians and the public and call on us all to work together to protect our Basic Law and our state constitutions!Our association stands for the observance of fundamental and human rights in family court proceedings. That is why we will not remain silent.
Art. 4 Constitution HE: The will of the child must be taken into account in all matters
Art. 4 Constitution HE
(1) Marriage and family, as the basis of community life, shall be under the special protection of the law.
protection of the law.
(2) 1 Every child shall have the right to protection and to the promotion of his or her development into an independent and socially competent personality. 2 In all measures affecting children, the best interests of the child shall be a fundamental consideration. 3 The will of the child shall be given due consideration in all matters affecting him or her, in accordance with his or her age and maturity and in compliance with the applicable procedural rules. 4 The constitutional rights and duties of
rights and duties of the parents remain unaffected.
Hessian Constitution
This legal situation is in line with the UN Convention on the Rights of the Child and the case law of the Federal Constitutional Court.
"The constitution is the guide that I will never give up"
George Washington, First President of the United States
The real situation regarding the will of the child in Hesse
Unfortunately, we are receiving more and more reports that the will of children is not being taken into account, particularly in Hesse. Judges decide not to listen to children, not to involve them in the proceedings and to negate their wishes. We have evidence from the local courts of Frankfurt am Main, Kirchhain and Weilburg.
This is all the more regrettable when children actively demand to be heard or express their wishes.
Damage to children's self-efficacy
This not only damages trust in the justice system, but above all the self-efficacy of a child who can no longer be sure of their wishes and feelings.
We are all constitutional protection
We therefore call on all those affected to no longer remain silent. Because #weareallconstitutionalprotection. Where the law fails, it is our task to work together with those responsible to ensure that this exemplary constitution is implemented in the federal state of Hesse, even if individual judges disregard it.
Poster campaign in Hesse
We will be putting up posters in Hesse from August 23. Anyone who finds such a poster is welcome to post it on social media with the hashtag #wirallesindverfassungsschutz.
Letter to the Minister of Justice and the Rule of Law
But that's not all: anyone who can prove that the will of a child has been negated in their case or the case of an acquaintance, friend or relative should write to the Hessian Minister of Justice and the Rule of Law, Christian Heinz, and ask him to follow the example of one of his predecessors, Minister of Justice Banzer ("Minister of Justice takes Koran judge to task", wrote the Sueddeutsche Zeitung on 17.05.2010), to insist and remind the judges of their official duties and their obligation to uphold the law and the constitution.
We will publish a form for this in the course of the day.
Complaint
We are also examining legal action(s) against the state of Hesse to oblige it to comply with fundamental rights and the constitution. After all, judicial independence does not mean a lack of control options and control obligations.
Donations for more posters
Posters cost money, but we would also like to put up our posters near more courts. Anyone who supports this campaign can leave a donation under this link. A poster costs 200 - 400 € per week, depending on the location plus printing costs.
Donation for poster campaign
Your experience
You can discuss your experiences here or in the forum in the corresponding post. You can also nominate potential new poster sites in the forum.
Erzengel Verein
Fuchstanzstr. 120
60489 Frankfurt am Main
Germany
https://www.erzengel.help
Herr Michael Langhans
015776572750
help@erzengel.help
The Erzengel association is committed to upholding fundamental and human rights and supports people in difficult circumstances. Founded in 2022, the association is growing, but above all is committed to promoting the quality of the administration of justice and family law. It is active throughout Germany and works with various specialized law firms and renowned psychologists.
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