Wednesday, September 12, 2012

Children and Youth Protection in Germany


Up to which age is one regarded as a child and young person respectively?

Children are persons below the age of 14 years.
Adolescents are persons as of 14 but below the age of 18 years.

Are children/teens allowed to stay in public places?

There is no legislation unless there is a dangerous place for minors.
(JuSchG § 8). The residence determination is part of parental care.

Are children/teens allowed to stay in restaurants or dance halls / ballrooms?

Children and adolescents below the age of 16 years shall not be present in a restaurant or dance halls unless they are accompanied by a custodial person or a person with parental power. Adolescents as of the age of 16 years shall not be present in a restaurant between midnight and 5 a.m. unless they are accompanied by a custodial person or a person with parental power.
These clause shall not apply to children or adolescents who are travelling or who attend an event sponsored by a youth welfare body.
(§§ 4.1 und 5.1 JuSchG) and (§§ 4.2 und 5.2 JuSchG)

Are children/teens allowed to stay in night clubs, bars, casinos, places for gambling etc.?
No (§§ 4.3 sowie 6 und 8 JuSchG)

Is it allowed to sell spirits to children/teens?

Paragraph 9 Alcoholic drinks Protection of Young Persons Act
(1) The following bans shall apply to restaurants, stores and other points of sale:
1. Brandy as well as brandy-containing drinks or food products with brandy above negligible level or
2.Other alcoholic drinks must neither be sold to children and adolescents below the age of 16 years nor must their consumption by said persons be tolerated.
(2) Sub-clause 1, No. 2 shall not apply to adolescents accompanied by a custodial person.
(3) Alcoholic drinks must not be available from drinks dispensers in the public.
This shall not apply under the following circumstances:
1. A drinks dispenser is located on a site not accessible for children and adolescents.
2. A drinks dispenser is located in enclosed company space and furnished with mechanical devices or adequately guarded and supervised to the effect that children and adolescents have no access to alcoholic drinks.
§ 20, No. 1, German Licensing Act, shall not be affected.
(4) Sugared alcohol-containing beverages in terms of § 1, Sub-clauses 2 and 3, Alcopop Tax Act, must not be commercially launched without the label “Not to be distributed to persons below 18 years of age, § 9, Protection of Young Persons Act”. This notice shall be attached to the sales package in type, size and colour of print identical with that of the trade or fancy name or with the marketing label or, in case of bottles, on the front label.

Are children/teens allowed to smoke in public?

Minors are smoking in public is not allowed. Also, no tobacco products may be delivered to them. § 10 JuSchG)

Is it allowed for children/teens to go to internet café?

Internetcafes:
If the main purpose is playing games on the computer, an internet cafe is being treated like amusement arcades.
How are young people protected from harmful content in internet cafes?
The Youth Media treaty banning harmful content in electronic information and communication media and restricts youth impairing content. § § 4 and 5 JMStV)

Which regulations are there concerning sexual relations with children/teens?

Sexual contact with persons under the age of 14 are considered as child sexual abuse and punished. Depending on conditions, the age limit is higher.

For  more informations:
Children and Youth Protection in Germany;




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