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Article 3 of the Basic Law
Photo: imago images / UJ Alexander
The Greens, the SPD, the FDP and the Left have called for the term “race” to be removed from the Basic Law - but that will probably not happen in this legislative period.
"There is no draft law by the coalition to amend the Basic Law on the subject of 'Race', so that a short-term amendment to the Basic Law is no longer to be expected," said the legal advisor of the Union parliamentary group, Ansgar Heveling, of the "Rheinische Post".
Accordingly, there will probably still be a hearing in the legal committee, but a change is off the table, according to Heveling.
In the amendment to the Basic Law, the CDU politician also referred to the climate protection decision of the Federal Constitutional Court.
This had classified the Federal Climate Protection Act as partially unconstitutional and called for more specific regulations on the reduction targets for greenhouse gas emissions for the period after 2030 by the end of next year.
Careful considerations are also necessary in the debate about replacing the word "race", said Heveling.
The latest decision of the Federal Constitutional Court showed that "every change to the constitution opens the door to new interpretations of the constitution."
Specifically, it concerns an amendment to Article 3 of the Basic Law.
It says: »Nobody may be disadvantaged or preferred because of their gender, their descent, their race, their language, their homeland and origin, their beliefs, their religious or political views.
Nobody should be disadvantaged because of their disability. ”Instead of“ race ”, a ban on discrimination on“ racist grounds ”should be anchored in the Basic Law.
A change would only be possible with a two-thirds majority in the Bundestag and Bundesrat.
Resistance from the Union
Federal Justice Minister Christine Lambrecht (SPD) had spoken out in favor of removing the term. This was correct in the drafting of the Basic Law. “But we are significantly further in the discussion today. Therefore, in the fight against racism, we should decide to remove the term “race” from the Basic Law, without, of course, reducing the standard of protection, ”said Lambrecht.
Union politicians had already criticized the removal of the term in the past. Such a deletion is "more symbolic politics and does not bring us a step further in the matter," said the domestic political spokesman for the Union parliamentary group, Mathias Middelberg. The chairman of the interior committee, Andrea Lindholz (CSU), described the demand as “a rather helpless sham debate”. Federal Interior Minister Horst Seehofer (CSU) had at least signaled willingness to talk: "I'm not blocking myself."
Justice Minister Lambrecht had already announced the failure of another project on Tuesday.
According to the will of the governing coalition, the rights of children should actually be explicitly anchored in the Basic Law.
This has now failed, said the SPD minister and, after a final round of negotiations, accused the Union of lacking the will to reach an agreement.
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