Country profile DEU
National Legal Framework
National Legal Framework
| Provision | Legislation date | Convention | Legislation info | sources | Value | sort_order | Provision description | Legislation description |
|---|---|---|---|---|---|---|---|---|
| Is the use, procuring or offering of children for illicit activities, in particular for the production and trafficking of drugs, prohibited? | 1981-07-28 | C182 | Law on the Trafficking of Narcotics (Narcotics Act - BtMG) - Articles 29, 30, 232, 233 | [{"link_name":"Law on the Trafficking of Narcotics","source_link":"https://www.gesetze-im-internet.de/btmg_1981/BJNR106810981.html"}] | Yes | 11 | C182 prohibits the use, procuring or offering of children for illicit activities in particular for the production and trafficking of drugs. | In Germany, the use, procuring, or offering of children for illicit activities is prohibited under the German Criminal Code. Article 233 covers forced labour and exploitation of working conditions, which includes children. Articles 29 and 30 of the Narcotics Act (Betäubungsmittelgesetz - BtMG) prohibit and criminalise the production and trafficking of drugs. Furthermore, Article 232 covers trafficking in human beings, including children and including for the purpose of committing criminal offences. |
| Is the use, procuring or offering of a child for the purpose of prostitution and for production of pornography prohibited? | 1871-05-15 | C182 | Criminal Code - Article 176, Article 184b, Article 232 | [{"link_name":"Criminal Code","source_link":"https://www.gesetze-im-internet.de/stgb/BJNR001270871.html"}] | Yes | 10 | C182 prohibits the use of a child under the age of 18 for prostitution, regardless of the child's consent. The use, procuring or offering of any person under the age of 18 for commercial sexual exploitation constitutes a worst form of child labour, even if prostitution is a legalised. In regard to the prohibition of child pornography, States need to make sure that national legislation addresses the involvement of a child in the production of pornographic materials, including non-recorded performances. | In Germany, the prohibition of the use, procuring, or offering of a child for prostitution and the production of pornography is addressed under several sections of the German Criminal Code (Strafgesetzbuch - StGB). Relevant Articles include: Article 176 that deals with sexual abuse of children and includes the production of pornographic content involving minors. Article 184b explicitly prohibits the distribution, acquisition, and possession of child pornography. Article 232 covers human trafficking for the purpose of sexual exploitation, which includes children. In addition, Article 232. a covers forced prostitution, including that of children. |
| Is forced or compulsory recruitment of children under 18 for use in armed conflict prohibited? | 1956-07-21 | C182 | Compulsory Military Service Act (WPflG) - Article 1 | [{"link_name":"Compulsory Military Service Act","source_link":"https://www.gesetze-im-internet.de/wehrpflg/BJNR006510956.html"}] | Yes | 9 | C182 defines forced or compulsory recruitment of children under 18 for use in armed conflict as a worst form of child labour. Nevertheless, C182 only prohibits the forced or compulsory recruitment of children under 18, and does not cover the voluntary recruitment of children under 18. | According to Article 1 of the Compulsory Military Service Act, general conscription applies to all men aged 18 and over who are Germans within the meaning of the Basic Law. |
| Is the sale and trafficking of children for sexual and labour exploitation prohibited? | 1871-05-15 | C182 | Criminal Code - Article 232, Article 233, Article 236 | [{"link_name":"Criminal Code","source_link":"https://www.gesetze-im-internet.de/stgb/BJNR001270871.html"}] | Yes | 8 | C182 defines all forms of slavery or practices similar to slavery, such as the sale and trafficking of children, debt bondage and serfdom and forced or compulsory labour as worst forms of child labour. | In Germany, the prohibition of the sale and trafficking of children for sexual and labour exploitation is covered by the Criminal Code (Strafgesetzbuch - StGB) Article 232 on Human Trafficking. Article 232.a and 232.b prohibit, respectively forced prostitution and forced labour of any person aged less than 21 years. In addition, Article 233 on Labour Exploitation, and Article 236 on Child Trafficking. |
| List of hazardous activities prohibited for children | 1976-04-12 | C138 & C182 | Youth Employment Protection Act (Jugendarbeitsschutzgesetz - JArbSchG) - Articles 22-25 | [{"link_name":"Youth Employment Protection Act","source_link":"https://www.gesetze-im-internet.de/jarbschg/BJNR009650976.html"}] | Yes | 7 | C138 and C182 require the national determination of a list of hazardous work prohibited for children under 18 years of age. The competent authorities should consult with workers' and employers' organizations to determine what types of employment or work are considered to be hazardous. Such a list shall be periodically examined and revised as necessary. | Articles 22-25 of the Youth Employment Protection Act outline the types of hazardous work prohibited for young people, including work involving hazardous substances, dangerous machinery, and heavy lifting. |
| Minimum age for hazardous work | 1976-04-12 | C138 & C182 | Youth Employment Protection Act (Jugendarbeitsschutzgesetz - JArbSchG) - Article 2(2), Article 22 | [{"link_name":"Youth Employment Protection Act","source_link":"https://www.gesetze-im-internet.de/jarbschg/BJNR009650976.html"}] | 18 | 6 | C138 and C182 set 18 as the minimum age for hazardous work, which is defined as work that, due to its nature or the circumstances in which it is carried out, is likely to jeopardize children’s health, safety or morals. C138 and C182 allow countries to permit hazardous work exceptionally as from 16, provided that the health, safety and morals of the young persons concerned are fully protected and that they have received adequate specific instruction or training. | In Germany, the minimum age for hazardous work is 18 years. This is specified under Article 2(2) read together with Article 22 of the Youth Employment Protection Act. |
| Minimum age for admission to apprenticeship | 2005-03-23 | C138 | Vocational Training Act (BBiG) - Article 4 | [{"link_name":"Vocational Training Act","source_link":"https://www.gesetze-im-internet.de/bbig_2005/BJNR093110005.html"}] | 18 | 5 | C138 does not apply to work done in school for general, vocational or technical education or in training institutions or work done by children at least 14 years of age in undertakings, where such work is carried out in accordance with conditions prescribed by the competent authority. Such work must be an integral part of: (i) a course of education or training for which a school or training institution is primarily responsible; (ii) a programme of training mainly or entirely in an undertaking, which programme has been approved by the competent authority; or (iii) a programme of guidance or orientation designed to facilitate the choice of an occupation or of a line of training. | According to Article 4 of the Vocational Training Act: (3) Young people under the age of 18 may not be trained in occupations other than those requiring recognised training, unless the vocational training prepares them for further education. |
| Is the minimum age for admission to work not less than the age for completion of compulsory schooling? | 1976-04-12 | C138 | Youth Employment Protection Act (Jugendarbeitsschutzgesetz - JArbSchG) - Article 2 | [{"link_name":"Youth Employment Protection Act","source_link":"https://www.gesetze-im-internet.de/jarbschg/BJNR009650976.html"}] | Yes | 4 | C138 requires that the minimum age for admission to work shall not be less than the age of completion of compulsory schooling and, in any case, shall not be less than 15 years. | The Youth Employment and Protection Act, Article 2, alinea (3), stipulates that young people subject to compulsory full-time education shall be subject to the provisions applicable to children, meaning that they are not allowed to work. This article effectively links the age of completion of compulsory education with the minimum age for admission to work. In Germany, the legal framework governing compulsory education is primarily established at the state (Länder) level. Compulsory education in Germany starts at the age of 6 and generally lasts until the age of 15 or 16. This period includes primary education (Grundschule) followed by lower secondary education (Sekundarstufe I), which ends around the age of 15 or 16, depending on the state (Länder). |
| Light work - Determination of types and conditions of activities | 1976-04-12 ; 1997-02-24 | C138 | Youth Employment Protection Act (Jugendarbeitsschutzgesetz - JArbSchG) ; Child Labour Protection Ordinance (Kindearbeitsschutzverordnung - KArbSchV) | [{"link_name":"-Youth Employment Protection Act","source_link":"https://www.gesetze-im-internet.de/jarbschg/BJNR009650976.html"},{"link_name":"-Child Labour Protection Ordinance","source_link":"https://www.gesetze-im-internet.de/kindarbschv/__2.html"}] | Yes | 3 | If the country chooses to allow light work, States must determine what activities are considered light work, and the hours and the circumstances under which they may be carried out. | In Germany, the types and conditions of light work are determined by the Youth Employment Protection Act, ensuring that such work is not hazardous and does not affect schooling. Article 5, Prohibition of Employment of Children, alinea (3) specifies under which conditions employment of children aged 13 and 14 years is possible. Besides, the Child Labour Protection Ordinance (KArbSchV) sets the list of activities under which light work may be carried out. |
| Minimum age for light work | 1976-04-12 | C138 | Youth Employment Protection Act (Jugendarbeitsschutzgesetz - JArbSchG) - Article 5, | [{"link_name":"Youth Employment Protection Act","source_link":"https://www.gesetze-im-internet.de/jarbschg/BJNR009650976.html"}] | 13 | 2 | C138 defines light work as work that does not interfere with children’s schooling, or their ability to benefit from it, and that is not hazardous. C138 allows countries to permit light work for children younger than the general minimum age. For countries that set the minimum age at 15, this means children aged 13-14, and for those that set it at 14, children aged 12-13 may engage in light work. | In Germany, light work for children aged 13 to 14 is permitted under specific conditions that ensure it does not interfere with their schooling or development. This is specified under Article 5, Prohibition of Employment of Children, paragraphs 3, 4, and 5. |
| Minimum age for admission to work | 1976-04-12 | C138 | Youth Employment Protection Act (Jugendarbeitsschutzgesetz - JArbSchG) - Article 2(1) , Article 5 Section (2) | [{"link_name":"Youth Employment Protection Act","source_link":"https://www.gesetze-im-internet.de/jarbschg/BJNR009650976.html"}] | 15 | 1 | C138 establishes 15 as the minimum age for work in general. Developing countries have the option of setting a minimum age of 14 as a transitional measure as they strengthen their education systems and economies. | According to Article 5, Section 2 of the Youth Employment Protection Act, the minimum age for employment is 15 years. The employment of children is prohibited. Article 2(1) states that a child is any person who is not yet 15 years of age. |
International Legal Framework
International Legal Framework
| Ratification status | Convention | Convention description | Date of ratification | Source |
|---|---|---|---|---|
| in-force | C182 | Worst Forms of Child Labour Convention, 1999 (No. 182) | 18-APR-2002 | Source |
| in-force | C138 | Minimum Age Convention, 1973 (No. 138) | 08-APR-1976 | Source |
Policies and Plans
Policies and Plans
| Description | sources | Period | Policy name | Implementing agency |
|---|---|---|---|---|
| Germany is a Pathfinder Country of the Alliance 8.7, a global partnership committed to eradicating forced labour, modern slavery, human trafficking, and child labour. As part of this initiative, Germany has developed a comprehensive roadmap towards achieving Sustainable Development Goal (SDG) 8.7. This roadmap outlines the strategic objectives and actions necessary to make significant progress in these areas. The main objectives of Germany's roadmap are: 1. Accelerate the efforts labour exploitation, forced labour and human trafficking and prioritize it on the political agenda. 2. Due Diligence in global value chains; holistic approach which includes the importance of binding standards on responsible business conduct to ensure, in particular, decent work, adequate minimum wages and living income at the national and international level. 3. Reinforce engagement on a national and international level, support and international cooperation in order to eliminate child labour worldwide; a multi-sectoral as well as cross-sectoral and comprehensive approach across different levels. 4. Promote national and international dialogue on these topics in order to inspire, promote and motivate NGOs, the civil society, survivors, the private sector and other countries to enhance their engagement to eliminate forced labour, child labour and human trafficking etc. | [{"link_name":"Germany Roadmap","source_link":"https://www.alliance87.org/sites/default/files/2023-07/Alliance%208.7_Roadmap_DE.pdf"}] | 2021-2030 | Roadmap by the Federal Republic of Germany outlining its commitment to Alliance 8.7, aiming to eliminate forced labor, human trafficking, and child labour | The Federal Ministry of Labour and Social Affairs |