Basic rights for foreigners
What are fundamental rights? Do they also apply to foreigners? What significance do fundamental rights have for foreigners? All the answers!
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Here you learn ...
what fundamental rights are
what practical impact fundamental rights have
which fundamental rights apply to EU foreigners
which fundamental rights apply to third-country nationals
Table of contents
1. What are fundamental rights?
2. Practical relevance of fundamental rights
3. Fundamental rights for EU foreigners
4. Fundamental rights for third-country nationals
5. FAQ Fundamental Rights of Foreigners
6. Conclusion Fundamental rights for foreigners
1. What are fundamental rights?
Fundamental rights are the central rights of every human being vis-à-vis the state and form the foundation of the free and democratic basic order in Germany. They are enshrined in the Basic Law (GG) and protect the dignity, freedom, and equality of every individual. They are the fundamental civil liberties that enable coexistence in a democracy and guarantee every person in Germany protection from arbitrary state action and ensure a life of dignity and self-determination.
Fundamental rights primarily protect against state interference – for example, in private life, freedom of expression, or physical integrity. This means that the state may only interfere with these rights under strict conditions and on a legal basis. These rights apply to all people – regardless of origin, religion, or nationality. However, there are exceptions: Some fundamental rights apply only to Germans (“German fundamental rights”) , some to EU foreigners (“EU fundamental rights”) , and some to third-country nationals (“Everyone's fundamental rights”) . This article answers the question of which fundamental rights apply to foreigners and what practical relevance this has.
2. Practical relevance of fundamental rights for foreigners
There are numerous examples of the practical relevance of fundamental rights for foreigners . Anyone wishing to apply for German citizenship must pass the so-called naturalization test . This test tests, among other things, knowledge of the free and democratic basic order – a core component of the German Basic Law. In addition to pure knowledge, the naturalization process also requires an active commitment to the constitution . The applicant must declare in writing and orally that they recognize the democratic basic order – this is more than just lip service. It is about the inner conviction that democratic values such as the separation of powers, legal protection, and pluralism form the basis of coexistence.
In addition to their integrative function, fundamental rights also play a central role in the relationship between foreigners and the state - particularly in disputes with immigration authorities or in disputes over immigration law . Fundamental rights such as human dignity ( Article 1 of the Basic Law), the general right of personality ( Article 2 of the Basic Law ), the right to equal treatment ( Article 3 of the Basic Law ), the right to respect for the family or the inviolability of the home ( Article 13 of the Basic Law ) also protect foreigners in Germany. They have a direct impact on the state - this means that every authority must adhere to them, even when it comes to deportation, visa procedures or termination of residence. Fundamental rights thus serve as a benchmark for the proportionality of state action. If decisions are disproportionate or obviously arbitrary, those affected can take action against them - even with legal support.
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3. Fundamental rights for EU foreigners
Special fundamental rights protection applies to EU foreign nationals in Germany. EU foreign nationals who wish to live or work in Germany enjoy comprehensive rights. These rights are based not only on German law, but also on European law – in particular on the Charter of Fundamental Rights of the European Union (EU Charter of Fundamental Rights) . The Charter of Fundamental Rights of the EU is a legally binding document that, since the Treaty of Lisbon (2009), has had the same status as the EU treaties. It encompasses core values such as human dignity, freedom, equality, solidarity, civil rights and justice. For EU foreign nationals who are residing in another EU member state – e.g. in Germany – the Charter provides a clear legal framework.
The most important fundamental rights for EU foreigners are the following:
Freedom of movement and residence rights (Article 45 of the European Charter of Fundamental Rights): As an EU citizen, you have the right to move and reside freely within the European Union. You may live, work, or study in Germany – without a special residence permit.
Equal treatment (Articles 20 & 21 of the EU Charter of Fundamental Rights): Discrimination based on nationality, religion, gender, or ethnic origin is prohibited. EU nationals must not be discriminated against in Germany – neither in the labor market nor in everyday life.
Right to private and family life (Article 7 of the EU Charter): Your family life is protected. If you move to Germany as an EU citizen, your immediate family members also have the right to enter and reside there.
Access to justice (Article 47 of the EU Charter): You have the right to a fair trial, legal protection, and legal representation – including in Germany. The judiciary must be independent and impartial.
Social rights (Article 34 of the EU Charter): Under certain conditions, EU nationals in Germany also have access to social benefits, such as child benefit, housing benefit, or unemployment benefit II.
4. Fundamental rights for third-country nationals
However, many fundamental rights apply not only to EU citizens, but to "all people" – including third-country nationals. These include, among others:
Article 1 of the Basic Law – Human dignity
Art. 2 GG – General freedom of action, right to life and physical integrity, freedom of the person
Article 3 of the Basic Law – Equality before the law, prohibition of discrimination
Art. 4 GG – Freedom of belief and conscience, freedom of religion
Art. 5 GG – Freedom of opinion, information and the press, freedom of art
Article 6 (1) GG – Protection of marriage and family
Article 10 of the Basic Law – Secrecy of letters, postal services and telecommunications
Article 13 of the Basic Law – Inviolability of the home
Article 16a of the Basic Law – Right to asylum (only for politically persecuted persons; special design)
Article 17 of the Basic Law – Right of Petition
Article 19 paragraph 4 of the Basic Law – Right to effective legal protection
Articles 101–104 of the Basic Law – constitutional guarantees (legal judge, right to be heard, prohibition of torture, etc.)
Most fundamental rights in Germany therefore also apply to foreigners, especially those that refer to "everyone " or "all people." These rights can be enforced by foreigners in court . When all regular legal remedies have been exhausted, the last resort is often a constitutional complaint with the Federal Constitutional Court . This is a key instrument for asserting violations of fundamental rights.
However, not all fundamental rights apply to foreigners. The so-called "German rights" are limited to German citizens. In principle, the following fundamental rights apply only to Germans :
Article 8 of the Basic Law – Freedom of assembly (“all Germans”)
Article 9 of the Basic Law – Freedom of association (“all Germans”)
Article 11 of the Basic Law – Freedom of movement within the Federal territory (“all Germans”)
Article 12 of the Basic Law – Freedom of occupation (“all Germans”)
Article 33 of the Basic Law – Access to public office, civil rights
Contact us
Are you looking for a lawyer specializing in German immigration and visa law? We are happy to assist you with residence procedures before embassies, immigration authorities, and administrative courts. Our specialised attorneys are always by your side. Contact us to book an online appointment with a German immigration lawyer!
5. FAQ
What are fundamental rights?
Fundamental rights are fundamental rights of freedom and defense of every individual vis-à-vis the state. They are enshrined in the German Basic Law and protect, among other things, human dignity, personal freedom, and equality before the law.
Do fundamental rights also apply to foreigners?
Yes – many fundamental rights apply to everyone, regardless of their nationality. These are referred to as "everyman's rights." These include, for example, the right to human dignity, freedom of religion, and legal protection. However, some rights apply only to Germans (e.g., freedom of assembly).
What are the differences between EU nationals and third-country nationals?
EU citizens also benefit from European fundamental rights protection, for example, with regard to freedom of movement and social benefits. Third-country nationals are more dependent on the protection provided by the German Basic Law, but still enjoy many rights.
What role do fundamental rights play in visa procedures or deportations?
Fundamental rights also protect foreigners in their dealings with immigration authorities. Key rights include:
Human dignity (Article 1 of the Basic Law)
Family protection (Article 6 of the Basic Law)
effective legal protection (Article 19 (4) of the Basic Law)
If state action (e.g. deportation) is disproportionate or arbitrary, one can invoke fundamental rights – also with the help of a lawyer.
6. Conclusion
Fundamental rights form the foundation of the German constitutional order – and they protect not only Germans, but to a large extent also foreigners. Both German fundamental rights and the Charter of Fundamental Rights of the European Union apply to EU citizens. Third-country nationals benefit in particular from the so-called "Everyman's Rights", to which all people in Germany are entitled. These rights ensure, among other things, protection against discrimination, respect for human dignity, freedom of religion, and access to justice. Restrictions only apply to certain rights that are expressly reserved for Germans, such as freedom of occupation or freedom of assembly. Overall, it can be seen that fundamental rights are a powerful protective instrument for foreigners in Germany – both in everyday life and in dealings with authorities or in court.
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