Germany: two constitutional complaints against the doll ban have been filed

On July 2nd of this year a group of MAPs have filed two constitutional complaints against the doll ban. To avoid the supreme court dismissing these complaints, for lack of public interest, they asked human rights organizations for help. They got them to publish an article in the yearly “Grundrechte-Report” 2022 (A report that lists all the basic human rights breaches), as well as an interview on a public-service broadcast where a pedophile and a child abuse victim are being interviewed and talk to each other.

First step would be for the supreme court to accept at least one of the complaints. Most common reason for denial are formal errors. If accepted the court will have to decide if the law violates the basic rights of MAPs and if the reason given by the government is valid.

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Here is a translated version of the announcement:

The time has come: our constitutional complaints were submitted on time to the Federal Constitutional Court in Karlsruhe!

Why the plural? In court, you can only stand up for your rights with your full civil name. For many of those affected, this is an insurmountable hurdle. The fear of the possible social consequences of being recognized is simply too great. Nevertheless, we found two complainants who were willing to jump this hurdle. We were thus able to launch two constitutional complaints from the respective perspective of the complainant. On the one hand, this shows the court that the violation of fundamental rights affects a number of people, but it also better safeguards the course of the proceedings in procedural terms. We thank the complainants for their personal commitment, without which a constitutional complaint would not have been possible.

In order to be able to finance professional legal support, we were dependent on donations. A five-digit amount in the lower range was raised, mainly by an individual who wishes to remain anonymous. Raising money alone is not enough: you have to be able to spend it, which is ultimately only possible with compromises on anonymity. Again, we were helped along by an individual who enabled us to make the necessary payments.

There were also many other efforts that were important for the work on the constitutional complaint, for example, contact with civil rights organizations and other people who are committed to human rights, monitoring relevant publications in the media, finding competent legal representation, researching scientific studies, inquiries with researchers, letters to anti-discrimination bodies, and much more. So there was an incredible amount of work behind the scenes and many who contributed and whom we would like to thank herewith.

Looking back, we imagined a lot of things to be easier.

As it seems, nobody is allowed to stand up for the interests and human rights of pedophiles and hebephiles in Germany. Even German human rights organizations are afraid of the stigma “pedophile friend”. There was hardly any civil rights organization that responded to us at all. Highly officially, no one wanted to help us, although awareness of the problem could certainly be raised. One organization allowed one of its employees to give us tips on how to proceed on a private basis in a web conference. Another helped get the “doll ban” issue picked up in the Fundamental Rights Report 2022, a joint “alternative constitutional protection report” by ten civil and human rights organizations.

Almost more difficult and at times downright grueling was the search for a lawyer. We could never have imagined that it would be so difficult to find the necessary professional legal support. We had to knock on many, many doors with great persistence. It was important for us not to make any lazy compromises in terms of qualifications. We are very happy with the solution we found in the end. We couldn’t have asked for better legal support.

Although we believe that we have put together and presented excellent arguments that give us good prospects of success, this does not mean that we can now expect the constitutional complaints to be successful. Because other complainants certainly believe the same and are almost always disappointed in the end. Out of respect for the principle of separation of powers, the Constitutional Court generally gives the legislature a lot of leeway and basically only intervenes when there is no other way.

The chances of success before the Constitutional Court are generally low. The Federal Constitutional Court (BVerfG) can refuse to accept a constitutional complaint without giving reasons. Last year, the BVerfG received 5,352 petitions, 95 percent of which were constitutional complaints. Only 67 of these were successful. This means that the success rate was only 1.29 percent, which is the second lowest figure after 1997 with 0.97 percent. (Source of figures LTO of February 23, 2022).

If the constitutional complaints are “settled” by non-acceptance, we will know in a few months and can then decide whether to appeal to the European Court of Human Rights (ECtHR). If the complaints are accepted for decision, we can expect the process to take several years. For those affected, this is an inconceivably long time. Even in the best case scenario, they will continue to suffer for years under brutal and unjust legislation.

Nevertheless, and no matter how the matter may end:

We have sent a signal. A signal to those who think they can trample human rights as long as they are the human rights of pedophiles and hebephiles. We resist and defend ourselves! And this is also our signal to all pedophiles and hebephiles: As difficult as it may be, we can stand together and fight back. Together we can do it! We are not completely alone in this either. You have to look for them and show perseverance in doing so, but they do exist: Other people who are aware of the tremendous stigma surrounding pedophilia and contact with pedophiles, and yet are willing to stand up for what is recognized as a just cause.

Every beginning is difficult. But as Hermann Hesse writes in his poem “Steps,” “there is a magic in every beginning, that protects us and helps us to live.”

We have worked intensively for more than a year towards this day. A work full of ups and downs. We have mastered one stage. We are ready for more.

Of some concern is the development in Austria. Groups there are working to have the “child sex doll ban” adopted from Germany. We will support anyone who takes action against the impending ban. You don’t have to start from scratch. We will stand by your side!

We also want to encourage everyone: It is difficult but not impossible to do something, to fight back, to make your voice heard. Help each other, have hope and persevere, even if there are failures and disappointments along the way. From my own experience: Those who set out on the path can also look back at some point and be proud.

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I’ll update this thread with some posts, so that anyone who’s interested can follow:

The organization who was a driving force in pushing this ban (through petitions and public work) was made aware of the two constitutional complaints and is now saying the following:

Dear Parents,

now the pedophiles in Germany have really done it. They are trying to overthrow the child protection law we worked hard for. The law that we are also trying to establish in Austria, for the protection of our children.

Should the government in Germany be sick enough to abolish this law then we will make the name and image of the supporters public. Anyone who would do that supports the pedophiles and thus causes children to become helpless victims. We will not let that happen! Everyone who, for whatever reason, does not speak out against this is responsible for the horrible crimes on our children!

Same guy who is the leader of this organization has no problem with loli tho and even said that they should watch that instead. I don’t know why a doll is his limit.

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why do you believe he is pro loli what I heared from him before more sounded like the opposite. Then again I didn´t really spend alot of time reading about him.

He said it himself in an interview he had with a pedophile. They were discussing the Doll ban and he said that he is completely fine with Manga and that he should watch that instead.

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