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Excerpt from the Constitution of the State of Baden (May 18, 1947)

Since culture and education were traditionally within the purview of the states and were not centrally regulated, the individual states had leeway in shaping the legislation governing their school systems. The constitution of the state of Baden of May 18, 1947, allowed the continuation of the existing, structured school system, including private schools, emphasized the Christian character of public schools, and retained religion as a regular subject.

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Second Main Section

[ . . . ]

Basic Obligations and Communal Life

Section I:

Family, Child-rearing, and Education

Article 21.

Marriage and family, as the foundations of the national order, enjoy the special protection and support of the state. The life of the family shall unfold free from external coercion and interfering interventions.

The family-oriented household work of the woman is regarded as equal to paid work. The woman shall be entitled to an appropriate share of the wealth acquired during the marriage.

Families with many children are entitled to appropriate compensation.

Article 22.

Motherhood is entitled to the protection and support of the state.

Article 23.

Parentless children who cannot be raised in a family shall be admitted into institutions that can provide them a replacement for a healthy family life. Legitimate and illegitimate children are equal in occupational and public life.

Article 24.

The youth must be protected against exploitation and against threats to their moral, mental, and physical well-being. It is the responsibility of the state and self-governing bodies to create the necessary institutions for this purpose. Their tasks can be fulfilled through institutions of non-governmental welfare.

Welfare measures by way of coercion are permissible only on the basis of law.

Article 25.

In all questions concerning child-rearing, the will of the parents is decisive, in accordance with the constitution.

Article 26.

The youth must be raised with reverence for God, love for nation and homeland, in the spirit of the love of peace, altruism, and understanding among nations, with moral and political responsibility, with a sense of proving for oneself in work and society, and with a liberal, democratic political frame of mind.

Article 27.

School attendance is obligatory for all.

The entire school system is subject to the laws and oversight of the state. Schools of every kind and level are institutions of the state or of self-governing bodies. Private schools can be established only in accordance with the law and with permission from the state. Education at public Volksschulen and vocational schools is free of charge. The attendance at higher educational institutions and universities by gifted children from low-income families should be facilitated through public funds, especially through exemption from school fees and child rearing allowances. For admission to certain schools, including universities, ability and aptitude are the only decisive criteria for admission, not the economic, professional, or social status of the parents.

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