Victims rights with social services
In Germany, it is undisputed that people who have experienced domestic violence need counselling, support and protection. However, there is no law that establishes a right to protection.
The principle of the welfare state in Germany (Articles 20 and 28 of the Basic Law) basically states that the state must secure the livelihood of its citizens and enable them to organise their lives independently. This includes financial and social support to prevent injustice and disadvantage and to guarantee social security.
According to the Council of Europe Convention on preventing and combating violence against women and domestic violence (Istanbul Convention), Germany is also obliged to offer support and protection measures to victims of domestic and/or sexual violence and to ensure that victims have access to (specialised) support services. (Chapter IV of the Istanbul Convention)
The Social Code (SGB) in Germany is the central body of social legislation and forms the basis for most social benefits for people with and without disabilities. The SGB is divided into fourteen separate books and regulates, for example, basic financial security, child benefit and maintenance for children/young people, health and long-term care insurance benefits, sickness benefit, child and youth welfare measures, rehabilitation and the participation of people with disabilities.
Refugees are entitled to benefits under the Asylum Seekers Benefits Act.
In principle, authorities, offices and state institutions are obliged to advise people seeking help about their entitlement to benefits. However, it is sometimes necessary to actively enquire.
Many benefits are granted on application. Applications are checked and approved if necessary. Any approval must include information on how to appeal.
If you feel you have been mistreated or misinformed, you can complain to the relevant office.
The local youth welfare office is the most important state institution in Germany when it comes to child protection.
The Youth Welfare Office is obliged to investigate every child protection report and assess the risk of danger.
Parents and children/young people have a right to counselling. The Youth Welfare Office can offer measures to stabilise a family, help with education/family support, etc.
The protection of children/young people is always at the forefront.
If help is ineffective and the parents cannot protect the child, the Youth Welfare Office can refer the matter to the family court so that measures can be taken to avert the danger. These include measures under the Protection from Violence Act (prohibition of contact and proximity), supervised contact or intervention in contact and custody rights.
In Germany, the term "Freie Träger" refers to private, i.e. non-governmental organisations (NGOs).
Independent organisations are mostly non-profit associations that take on social tasks on behalf of the state and receive state funding for doing so. They carry out a large part of social work. These include specialised women's advice centres, women's helplines, women's refuges, regional and national violence hotlines and organisations for perpetrators.
These services can be used by anyone, including anonymously, if there is capacity.
Staff are bound by confidentiality. However, there is no obligation to report domestic violence. The shelters cooperate with other organisations/institutions with the consent of the persons concerned.
The welfare state in Germany plays an important role in supporting those affected by domestic violence by providing financial assistance, counselling and protection services.
