In terms of migration, there is a one-sided discussion about security. In particular, refugees are misleadingly portrayed as inherently dangerous.
The consequences of these tendencies are current legislative innovations, such as the Bavarian Police Task Act and the Bavarian Integration Act. Article 23 III No. 3 PAG, for example, categorises the accommodations in which asylum seekers live as places of imminent danger to public safety and order. Therefore, they may be entered by the police at any given time without a court order.
This practice is highly problematic because it criminalises refugees on a blanket basis and diminishes their fundamental rights. This state legislation contradicts the fundamental right to inviolability of the home (§13 GG). The residents have no choice but to evade this situation because of the housing obligation imposed on them. The residents inside the ANKER facilities are subject to constant control and monitoring. Personal and bag checks at the entrances are used to check the presence or absence of people and to prevent the “smuggling in” of forbidden goods such as foods. The warehouses, former barracks or container sites, are usually high fenced. Securities patrol around and inside the shelters. Who participates in meals is also controlled. The electronic data is stored. Here again the state government readily infringes the rights of people in the name of security.
Even if one is easily forgiven for forgetting in these circumstances: The state has a duty to protect all people who live in it. Already prominently anchored in Article 1 GG Paragraph 1: “Human dignity is inviolable. It is the duty of all state authorities to respect and protect it” and further in Article 2 para. 2: “(2) Everyone has the right to life and physical integrity. The freedom of a person is inviolable. These rights may be encroached upon only by law”. The alleged “security” precautions in the anchor centres violate the right to privacy and the right to informational self-determination.
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