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An act can be punishable only if the penalty was fixed by law before the act was committed.
ARTICLE 117
The secrecy of postal, telegraphic, and telephonic communications is inviolable. Exceptions may be permitted only by national law.
ARTICLE 118
Every German has a right within the limits of the general laws to express his opinion freely by word, in writing, in print, by picture, or in any other way. No relations.h.i.+p arising out of his employment may hinder him in the exercise of this right, and no one may discriminate against him if he makes use of this right.
There is no censors.h.i.+p, although exceptional provisions may be made by law in the case of moving pictures. Legal measures are also permissible for combatting obscene and indecent literature as well as for the protection of youth at public plays and spectacles.
_SECTION II_
COMMUNITY LIFE
ARTICLE 119
Marriage, as the foundation of family life and of the maintenance and increase of the nation, is under the special protection of the Const.i.tution. It is based on the equal rights of both s.e.xes.
The maintenance of the purity, the health, and the social advancement of the family is the task of the state and of the munic.i.p.alities. Families with numerous children have a claim to equalizing a.s.sistance.
Motherhood has a claim to the protection and care of the State.
ARTICLE 120
The physical, mental, and moral education of their offspring is the highest duty and the natural right of parents, whose activities are supervised by the political community.
ARTICLE 121
Illegitimate children shall be provided by law with the same opportunities for their physical, mental, and moral development as legitimate children.
ARTICLE 122
Youth shall be protected against exploitation as well as against neglect of their moral, mental, or physical welfare. The necessary arrangements shall be made by state and munic.i.p.ality.
Compulsory protective measures may be ordered only by authority of the law.
ARTICLE 123
All Germans have the right of meeting peaceably and unarmed without notice or special permission.
Previous notice may be required by national law for meetings in the open, and such meetings may be forbidden in case of immediate danger to the public safety.
ARTICLE 124
All Germans have the right to form a.s.sociations or societies for purposes not contrary to the criminal law. This right can not be limited by preventive measures. The same provisions apply to religious a.s.sociations and societies.
Every a.s.sociation has the right of incorporation in accordance with the civil law. No a.s.sociation may be denied this right on the ground that it pursues a political, social-political, or religious object.
ARTICLE 125
The liberty and secrecy of the suffrage are guaranteed. Details will be regulated by the election laws.
ARTICLE 126
Every German has the right to pet.i.tion or to complain in writing to the appropriate authorities or to the representatives of the People. This right may be exercised by individuals as well as by several persons together.
ARTICLE 127
Munic.i.p.alities and unions of munic.i.p.alities have the right of self-government within the limits of the laws.
ARTICLE 128
All citizens without distinction are eligible for public office in accordance with the laws and according to their ability and services.
All discriminations against women in the civil service are abolished.
The principles of the official relation shall be regulated by national law.
ARTICLE 129
Civil officers are appointed for life, in so far as is not otherwise provided by law. Pensions and provisions for surviving dependents will be regulated by law. The duly acquired rights of the civil officers are inviolable. Claims of civil officers based upon property rights may be established by process of law.
Civil officers may be suspended, temporarily or permanently retired, or transferred to other positions at a smaller salary only under the legally prescribed conditions and forms.
A process of appeal against disciplinary sentence and opportunity for reconsideration shall be established. Reports of an unfavorable character concerning a civil officer shall not be entered in his official record, until he has had the opportunity to express himself.
Civil officers shall also be permitted to inspect their official records.
The inviolability of the duly acquired rights and the benefit of legal processes for the establishment of claims based on property rights are also a.s.sured especially to regular soldiers. In other respects their position is regulated by national law.
ARTICLE 130
The civil officers are servants of the whole community, not of a part of it.