Difference between human rights and civil rights

The rule of law in the Federal Republic Germany is primarily shaped by the basic rights of German citizens. Fundamental rights in the sense of our Basic Law are also civil rights. Not all civil rights are human rights, however.

Civil rights are in the Basic Law

• As a rule, only citizens of one state are entitled to civil rights. In the Federal Republic of Germany, civil rights result from the Basic Law. So they can only be claimed by German citizens.
• For us, civil rights are also human rights, as they are largely identical in terms of content or at least have the same goal and direction of protection.

Human rights are natural rights and are generally binding

• By contrast, every human being is entitled to human rights by nature, regardless of their nationality. They apply in every state on earth and should be observed by every government and form the basis of all state action.
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• The formative civil as well as human rights can be found in Art. 1 of the Basic Law. There it says: "Human dignity is inviolable". You can always invoke this right, whether you are a foreigner, a national or even stateless.


Human rights violations - definition

Human rights violations have existed since people lived together in societies. …

• The other articles of the Basic Law are civil and human rights at the same time. These are the right to free development of personality, which you can exercise to the limit of the personality rights of others; also the right to physical integrity and life and the freedom of the person.
• A pure civil right, on the other hand, is the right to freedom of assembly. This is what Art. 8 Basic Law that all Germans have the right to assemble peacefully without registration. The basic right is therefore limited to German citizens. The same applies to the right to found clubs and societies, the right to freedom of movement in entire federal territory, the freedom of occupation or the extradition ban of German citizens to the Foreign countries.

The difference lies in the legal protection options

• You can also see the difference between human rights and civil rights in the possibilities of legal protection. Do you feel violated in a right that emerges from the Basic Law you can call the Federal Constitutional Court in Karlsruhe.
• In Strasbourg there is the European Court of Human Rights. In addition to the states of the European Community, other European states, such as Turkey and Russia, are also affiliated to it. Do you feel concerned in a right that emerges from the European Convention for the protection of human rights and fundamental freedoms of 1950, you can refer the matter to the Court of Justice in Strasbourg.
• In addition, there is the Charter of human rights of the United Nations from 1948. It binds all member states without distinction in terms of nationality. Their practical importance is rather small in view of the reality in the world.