The normative framework is laid down in the Basic Law (Constitution). Articles 1 to 19 set out the fundamental rights. These include the right to free development of the personality (Art.2), equal rights for men and women (Art. 3), freedom of belief (Art. 4), freedom of assembly (Art. 8), freedom of association (Art. 9).
Article 5 includes freedom of expression in speech, writing and image (para. 1), freedom of the press (para. 1), rejection of censorship (para. 1), and freedom of art, science, research and teaching (para. 3). The Basic Law’s guarantee of artistic freedom (Article 5, Paragraph 3) not only establishes artistic autonomy and the right of cultural institutions and organisations to self-government, but also protects them from directives and regulations by the state. As an objective value decision for the freedom of art, it is also understood as a mandate to the state to actively promote and support it.
The Basic Law does not yet contain a state objective of culture, although in recent years there have been various initiatives and numerous debates by cultural, sports and legal politicians to include a new Article 20b “The state shall protect and promote culture”, which, however, could not be implemented by autumn 2021. Nevertheless, the topic was part of numerous party programmes in the summer of 2021. The current coalition agreement “Mehr Fortschrittt wagen” (https://www.bundesregierung.de/resource/blob/974430/1990812/04221173eef9a6720059cc353d759a2b/ 2021-12-10-koav2021-data.pdf?download=1) now states: “We want to anchor culture in its diversity as a state objective”. (S. 121)
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