The Basic Law’s commitment to human rights as the foundation of every human community encompasses Germany’s legal obligation not only to safeguard human rights domestically but also to contribute to the realisation of human rights worldwide.
In keeping with the Basic Law’s commitment to human rights, the Federal Republic of Germany has ratified the main international accords on the protection of human rights – within the human rights protection systems of the Council of Europe at the European level and the United Nations at the international level. The rights codified in the human rights conventions of the Council of Europe and the United Nations are binding domestically in Germany not only due to their ratification by the government. Rather, pursuant to Article 25 of the Basic Law, to the extent that these conventions can be understood as general rules of international law, they directly give rise to rights and obligations. Moreover, international instruments for the protection of human rights provide an important impetus for domestic legislation. These instruments are to be taken into account in interpreting the Basic Law; in determining the content and scope of basic rights as well as the principle of the rule of law; and in interpreting ordinary law.
