Bundesjugendring criticises the planned deletion of youth participation in the Building Code

The Federal Building Ministry's draft bill for a planned law to modernise urban development and spatial planning law envisages the explicit deletion of the "opportunity for comment and discussion" of children and young people from Section 3 of the Federal Building Code (BauGB), which is unambiguously prescribed by federal law. In addition, Section 1 (6) No. 3 BauGB is to be amended to the effect that the needs of young people no longer have to be explicitly taken into account. The Bundesjugendring strongly criticises both planned changes.

§ Section 3 BauGB regulates the obligation to involve the public in the preparation of urban land-use plans at an early stage. To date, the BauGB has clearly stated: "Children and young people are also part of the public within the meaning of sentence 1." The current draft bill envisages the deletion of this sentence. "By arguing that children and young people are part of the public even without being explicitly mentioned in the law, the ministry is hiding behind a pretextual argument that has nothing to do with the reality of children and young people's lives," criticises Wendelin Haag, Chairman of the Federal Youth Council. "Unfortunately, this is not an isolated case. We have also missed the willingness of the management of the Federal Building Ministry to cooperate in matters of youth participation in other areas during this legislative period, which was previously the case," continued Haag.

The deletion of this sentence is a deterioration of young people's right to participate in their immediate neighbourhood and has proven itself in practice for many years. In the view of the Bundesjugendring, there is no reason to delete the sentence. The administration is also directly bound by the law when drawing up urban land-use plans. If children and young people are no longer explicitly mentioned in the law, the administration will be much less bound in its discretionary decision as to how the legally prescribed public participation is carried out. In practice, this will reduce participation and dialogue processes with young people and weaken the position of young people. "The existing unambiguous regulation in the Building Code makes young people's participation rights visible and must not be reduced under any circumstances. Young people must be more involved in such decisions than before. The cancellation sends out completely the wrong signal and would be a significant step backwards for an independent youth policy. We will continue to offer our expertise in the interests of young people," emphasises Wendelin Haag.

The Bundesjugendring considers the planned amendment to Section 1 (6) No. 3 BauGB to be irresponsible in terms of youth policy. Up to now, Section 6 BauGB has obliged the administration to take "in particular [...] the needs [...] of young people" into account when drawing up urban land-use plans. This is to be dropped with the planned amendment to the BauGB. The special needs of young people and their specific life situations would thus be made invisible and the administration would no longer be legally obliged to take them into special consideration.

Themen: Children‘s Rights Participation