The claim to attention of human dignity in relation to the displacement of the population: Germany’s experience

Abstract

Purpose. In this article, the special administrative features of the determination of the expellee’s status will be analysed through the prism of human dignity as well as their use of rights and advantages according to German expellee law (the Federal expellee law, the version of 19May 1953) as a result of the expulsion of Germans from East Europe to Germany (later – the Federal Republic of Germany) from 1945–1949. Methods. Questions regarding the determination of the characteristic of the expellees as well as the use of rights and privileges of the displaced person according to German expellee law are determined by the teleological interpretation, the interpretation as per the wording of the Federal Expellees Law (Paragraphs 1 and 9 of the BVFG – Displaced Person’s Property – the prerequisite for the use of rights and benefits) and through the systematic and historical analysis of the development. Results. The respect and protection of human dignity as one of the core constitutional principles and the protect on of the subjective rights of the some of the most vulnerable people, such as those who are displaced constitute good indicators on the legal and practical levels for measuring the degree of democracy, legality, human rights, and social justice in a state. The question regarding espect for human dignity of those who are displaced, as discussion, is raised not only in relation to the actual exercise of rights, but already exists in relation to the recognition of the status of the displaced person and that person’s access to the special rights and benefits which balance the status. The conforming to human dignity of the corresponding state regulation in these phases in decisive for the continued existence of the displaced persons at their place of admission, their legal status, and their inclusive participation in social and political affairs. The in-depth analysis of the legislation on displaced persons in Germany leads to the following conclusion – to the list of vital requisites for the respect of the human dignity of the expellees and to the critical points, and thereby the problem in the sense of respect for human dignity for displaced persons in Germany was crystallised. Conclusions. In conclusion, it is pointed out that the scientific analysis of human displacement is a complicated phenomenon which, because of its relevance in the world, plays an essential role and requires further research.