Legal basis

Adopted by the German Federal Parliament (Deutscher Bundestag) on 18 June 2015, adopted by the German Federal Council (Deutscher Bundesrat) on 10 July 2015

(unofficial translation by the German Institute for Human Rights)

The German Federal Parliament (Deutscher Bundestag) has enacted the following law:

§ 1 Legal status and funding

(1) The registered association „German Institute for Human Rights“ is the independent national institution of the Federal Republic of Germany for the information the public on the situation of human rights in Germany and abroad as well as for the promotion and protection of human rights, provided and so long as the association exercises the duties and functions laid down in Section 2, which follow from the Paris Principles of the United Nations of 1993 (Annex to UN General Assembly Resolution of 20 December 1993, U.N. Doc. A/Res/48/134), and meets the requirements of Sections 3 to 7. To fulfil the tasks under Section 2 Subsections 2, 4 and 5, the German Institute for Human Rights (registered association) is provided with funding insofar as it is included in the budget of the Federal Parliament (Deutscher Bundestag) and the current Statute of the Institute meets the minimum requirements laid down in Sections 2 to 7.

(2) The German Institute for Human Rights (registered association) also performs the function of an independent mechanism according to Article 33(2) of the UN Convention on the Rights of Persons with Disabilities of 13 December 2006 (Federal Law Gazette 2008 II pp. 1419, 1420).

§ 2 Mandate, tasks and functions

(1) The German Institute for Human Rights (registered association) shall inform the public on the situation of human rights in Germany and abroad, and shall contribute to the prevention of human rights violations and to the promotion and protection of human rights. The German Institute for Human Rights (registered association) acts independently of any requirements and instructions by the German Federal Government or other public and private bodies or actors, either on its own initiative or at the request of the Federal Government or the Federal Parliament (Deutscher Bundestag, and having the sole responsibility for deciding on the use of its resources.

(2) Its mandate comprises, in particular, the following tasks and functions:

1. Informing the public on the situation of human rights in Germany and abroad – from a comparative angle, when appropriate – as well as establishing and operating a specialized reference library,

2. academic research and publication,

3. policy advice,

4. educational work at the domestic level,

5. facilitating dialogue as well as national and international cooperation with human rights relevant actors, and

6. analyzing the continuing human rights-related effects of totalitarian dictatorships as well as of situations of armed conflict and post-conflict situations, complementing the work of institutions active in this field.

(3) The German Institute for Human Rights (registered association) fulfills the following additional tasks, if and insofar as additional specific funding is available:

1. Supporting the Federal Government in drafting reports on human rights in third countries, country analyses and questionnaires on human rights-related shortcomings in third countries,

2. analyzing the impact of European and German politics on the situation of human rights in partner countries, with particular regard to development policies.

(4) As an independent monitoring mechanism under Article 33(2) of the UN Convention on the Rights of Persons with Disabilities of 13 December 2006, the German Institute for Human Rights (registered association) shall carry out the tasks described in the Convention.

(5) The German Institute for Human Rights (registered association) submits to the Bundestag an annual report on its work and activities, as well as on the developments with respect to the human rights situation in Germany. The Bundestag shall officially respond to this report.

§ 3 Organs of the association

The statute of the German Institute for Human Rights (registered association) must include the following organs:

1. the Board of Trustees,
2. the Board of Directors and
3. advisory bodies that may be appointed when needed for specific subjects or projects.

§ 4 Membership

(1) Natural or legal persons who are members of the German Institute for Human Rights (registered association) on the date of entry into force of this law retain their membership in the association.

(2) In order to implement the Paris Principles and, in particular, to guarantee a pluralistic representation of civil society actors involved in the promotion and protection of human rights, additional members who either professionally or on a voluntary basis work for the protection and promotion of human rights may be – upon their application – accepted by a decision of the Board of Trustees. In addition, when selecting new members, the tasks of the German Institute for Human Rights (registered association) shall be taken into consideration. An application for membership shall only be rejected in well-founded exceptional cases, e.g. due to incompatibility with the purposes of the Paris Principles. The details of the procedure are laid down in the statute.

(3) The statute may contain a provision by which natural or legal persons who – without being obliged to do so – contribute financial support or support in kind, or services without remuneration to the German Institute for Human Rights (registered association) may attain the status of sponsoring member.

(4) The statute must contain the following provisions:

1. The authority to admit and expel regular and sponsoring members lies with the Board of Trustees;

2. a Board of Trustees' decision to admit a member must be confirmed at the next General

   Assembly; if confirmation is refused, the membership is terminated.

§ 5 General Assembly

The General Assembly shall give advice as to the guidelines for the work of the German Institute for Human Rights (registered association), and shall follow its activities in view of the legal requirements and the Paris Principles. Legal persons as members are represented by a delegate appointed for the duration of the term of office of the Board of Directors according to Section 7. Detailed provisions with regard to the General Assembly are laid down in the statute.

§ 6 Board of Trustees

(1) The statute must contain a provision establishing the honorary nature of membership in the Board of Trustees and the appointment of its members according to paragraphs 2 and 3. Members of the Board of Trustees with voting rights are appointed for a period of four years, with reappointment permissible for another four-year-period. Any subsequent re-election or reappointment is permissible only after a minimum intermission of four years.

(2) The statute must provide for the appointment of the following members of the Board of Trustees with voting rights:

1. six members appointed from among the General Assembly,

2. one member appointed by the German Disability Council (Deutscher Behindertenrat),

3. two members appointed from among the Federal Parliamentary Committee on Human Rights and Humanitarian Aid,

4. three members representing academic institutions pertaining to human rights appointed by the Federal Parliament (Deutscher Bundestag),

5. three members representing civil society appointed by the Federal Parliament (Deutscher Bundestag),

6. three members appointed by the Forum Human Rights (Forum Menschenrechte).

(3) The statute must provide for the appointment of the following members of the Board of Trustees without voting rights, one each:

1. from the Office of the Federal Government Commissioner for Migration, Refugees and Integration,

2. from the Office of the Federal Government Commissioner for Human Rights Policy and Humanitarian Aid,

3. from the Office of the Federal Government Commissioner for Human Rights Matters,

4. from the Office of the Federal Government Commissioner for Matters Related to Ethnic German Resettlers and National Minorities,

5. from the Office of the Federal Government Commissioner for Matters Related to Persons with Disabilities,

6. from the Federal Ministry for Economic Cooperation and Development,

7. from the Federal Ministry of Family, Senior Citizens, Women, and Youth,

8. from the Ministry of Defence,

9. from the Federal Council (Bundesrat).

§ 7 Board of Directors

The Board of Directors consists of a chair and deputy. The Board of Trustees appoints the chair and deputy, each on the basis of job advertisements, for a term of office according to the time period laid down in Section 6(1) second sentence.

§ 8 Entry into force

Without prejudice to the provision of the second sentence of this Section, this law shall enter into force on the day following its promulgation. Section 1(1) 1 second sentence shall enter into force on 1 January 2016.

All states and societies worldwide are required to give high priority to protecting and promoting human rights, as called for emphatically in the Paris Principles adopted by the United Nations General Assembly in 1993 which called for the establishment of independent National Human Rights Institutions (Resolution 48/134).

The Committee of Ministers of the Council of Europe, in 1997 (Recommendation R (97) 14), and again in 2021 (Recommendation CM/REC (2021)1) likewise recommended the establishment of independent national institutions for the promotion of human rights. The aim is to safeguard and develop the comprehensive system of protection that has evolved in Council of Europe member states on the basis of the European Convention on the Protection of Human Rights and Fundamental Freedoms. National Human Rights Institutions are intended to make an important contribution towards achieving this aim.

Conscious of its responsibility for policymaking geared towards the protection of human rights in Germany and abroad, the German Federal Parliament (Deutscher Bundestag), on 7 December 2000, unanimously resolved to establish an independent German Institute for Human Rights (Bundestag Printed Matter 14/4801). As the National Human Rights Institution, it shall play an important role as mediator and catalyst in relation to existing governmental and non-governmental institutions, and support and interlink the work of those institutions.

Taking up this resolution by the Bundestag, two members of the parliamentary Committee for Human Rights and Humanitarian Aid of the Bundestag, three distinguished representatives of the Forum Menschenrechte, one independent expert each from the field of international organisations, academia and the media, as well as one distinguished personality designated by the Federal Government of Germany, on 8 March 2001, together founded the German Institute for Human Rights as a non-profit registered association. The founding members were Friederike Bauer, Rudolf Bindig (MP), Hermann Gröhe (MP), Prof. Dr. Eckart Klein, Barbara Lochbihler, Werner Lottje, Klaus Stoltenberg, Bruno Thiesbrummel and Barbara Unmüßig.

By unanimously adopting a law on the legal status and the mandate of the German Institute for Human Rights (henceforth referred to as: the Law) on 16 July 2015 (Federal Law Gazette 2015 I p. 1194), the Federal law-making bodies – in line with the Paris Principles – have provided the German Institute for Human Rights with a legal basis and have thereby affirmed the independence of the Institute. Pursuant to § 1 of the Law, the German Institute for Human Rights serves as the National Human Rights Institution of Germany if and so long as it exercises the duties and functions stemming from the Paris Principles and laid down in § 2 of the Law and complies with §§ 3 to 7 of the Law. The Institute likewise exercises the function of an independent mechanism according to Article 33.2 of the UN Convention on the Rights of Persons with Disabilities. By way of its resolution of 22 September 2015, the General Assembly of the Institute’s membership has geared these Statutes to the provisions of the Law.

Section 1: Name, Registration, Registered Office, Financial Year

1. The Association’s name is Deutsches Institut für Menschenrechte [German Institute for Human Rights], with DIMR as the official abbreviation.

2. The Association is registered in the Register of Associations. It operates under its name with the supplementary letters "e. V." [eingetragener Verein = registered Association].

3. The Association’s registered office is in Berlin.

4. Its financial year is equivalent to the calendar year.

Section 2: Purpose and mandate

1. Functioning as the independent National Human Rights Institution in line with the Paris Principles, the German Institute for Human Rights (registered association) shall inform the public on the situation of human rights in Germany and abroad and contribute to the prevention of human rights violations and to the promotion and protection of human rights.

2. The German Institute for Human Rights (registered association) shall serve its purpose / reach its goals by fulfilling the following tasks in particular:

(a) Informing the public on the situation of human rights in Germany and abroad – from a comparative angle when appropriate – as well as producing documentation and establishing and operating a specialised reference library:

By providing an internet-based record of existing databases, the Institute shall improve access to information for members of parliament, government departments, non-governmental organisations, academia, journalists, legal practitioners and the interested public. In addition, electronic access is provided to Germany’s library networks and the human rights documents and publications available online are made accessible. Furthermore, the Institute operates a specialised reference library compiling fundamental works, treaties, case law, resolutions of international human rights protection bodies and parliamentary resolutions on human rights.

(b) Academic research and publication:

The Institute's research shall contribute towards developing competences for human rights work. Prompt publication of studies that can be used to elaborate strategies to prevent, avoid and cope with situations that violate human rights will be especially helpful in promoting this aim. The Institute shall collaborate with existing academic institutions to which commissions may also be awarded (in the capacity of auxiliaries as defined in § 57 of the German Fiscal Code), with other agencies that advise on policy and with political foundations, with the aim of generating valuable synergy effects.

(c) Policy advice:

The Institute's practice-oriented focus will enable it, inter alia, to advise representatives of politics and society on human rights issues and to recommend strategies for action. It may do this on its own initiative or by request. Academics and politicians should engage in continuous dialogue and exchange of views on human rights issues. Events organised by the Institute can facilitate this dialogue.

(d) Human rights-related educational work in Germany:

Access to information is important. No less important is anchoring the significance of human rights emotionally in hearts and minds at an early stage, so as to contribute to a critical and open-minded general public in Germany guided by human rights. Human rights-related educational work is to be carried out primarily by providing second-line support to other institutions. The Institute can be involved, inter alia, by way of

• its establishment as a national coordinating centre for human rights education in line with United Nations guidelines set out in Document A/52/469 Addendum 1,
• drawing up teaching programmes and materials for human rights education in sensitive areas such as police authorities, prison services and psychiatric establishments,
• drawing up ideas for school curricula,
• involvement in developing competences in human rights-related issues and themes for experts engaged in civil conflict resolution,
• human rights-related events, seminars and symposia.

(e) Facilitating dialogue as well as national and international cooperation with human rights relevant actors:

The governmental and non-governmental institutions and organisations involved with human rights in Germany have their own specific organisational features, areas of expertise and working methods. Without changing tried and trusted structures and in addition to the duties outlined above, the Institute acts as a catalyst and reinforces human rights work by means of communication and public relations. Thereby the Institute shall raise the level of awareness for human rights-based thinking and acting.

The Institute will be active abroad if proper fulfilment of its mandate and the need for mutual exchange of experiences and knowledge on human rights so require. Possible areas of work lie in the field of civil society and government administration, focusing mainly on interaction with existing government and non-government actors. Simultaneously, the Institute’s international work will include interaction with other comparable institutions abroad, and content-related support and monitoring of the EU, the Council of Europe, the OSCE and UN human rights mechanisms.

(f) Examining the continued human rights related effects of totalitarian dictatorships as well as situations of armed conflict and post-conflict situations, complementing the work of institutions active in this field.

3. In addition, the German Institute for Human Rights (registered association) carries out the function of the independent monitoring mechanism under art. 33.2 of the UN Convention on the Rights of Persons with Disabilities.

4. Under the premise that additional specific funding is available, the German Institute for Human Rights (registered association) fulfils the following additional tasks:

(a) Supporting the Federal Government in drafting reports on human rights in third countries, country analyses and questionnaires on human rights related shortcomings in third countries,

(b) analysing the impact of European and German policy making on the situation of human rights in partner countries, with particular regard to development     policies.

5. The German Institute for Human Rights (registered association) submits to the Bundestag an annual report on its work and activities, as well as on the developments with respect to the human rights situation in Germany. The Bundestag shall officially respond to this report.

Section 3: Status

The Association is politically independent. It acts independently of any requirements or instructions from the German Federal Government or other public and private agencies, either on its own initiative or at the request of the Federal Government or the Bundestag. The Institute freely decides on the use of its resources. The majority of members of its governing bodies will be representatives of civil society. They are to reflect the plurality of views of government and non-government agencies concerned with human rights issues and the Institute's comprehensive remit.

Section 4: Non-profit status, use of funds

1. The Association exclusively and directly serves non-profit purposes of promoting science and research, as well as education and formation, according to the chapter “Steuerbegünstigte Zwecke” (tax-privileged purposes) of the Abgabenordnung (Federal Revenue Code). The Association works altruistically; it does not engage in any activities with a primarily economic purpose.

2. The Association’s funds may only be used for purposes compatible with its statutes. Members receive no shares of surpluses and, in their capacity as members, receive no other allowances from Association funds.

3. No person may benefit by way of expenses alien to the Association's aims or by way of disproportionately high remuneration.

4. Membership confers no entitlement to Association assets.

Section 5: Funding

1. The Association is funded through public grants according to § 1 paragraph 1 second clause of the Law. Additional sources of funding are membership fees, project-based public and private grants, as well as private donations.

2. The Association may acquire assets to promote its aims. Third-party allowances intended for this purpose will accrue to the Association's assets.

Section 6: Appropriation of assets

1. If the Association is dissolved or if the aims that make it eligible for tax relief are discontinued, its assets will accrue to the German section of amnesty international (Amnesty International Sektion der Bundesrepublik Deutschland e. V.), which must use them directly and exclusively for the tax relief-eligible aims of promoting science and research and education and formation.

2. Resolutions on the future use of Association funds may only be implemented upon tax authorities’ consent.

Section 7: Organs of the Association

1. The Association's organs are

• the General Assembly,
• the Board of Trustees,
• the Board of Directors,
• advisory boards that may be appointed when needed for specific subjects or projects.

2. Simultaneous membership in the Board of Trustees and the Board of Directors is inadmissible.

Section 8: Membership

1. Natural or legal persons, and associations of persons equivalent to them, who have demonstrated their commitment to the protection and promotion of human rights in a professional or voluntary capacity are eligible for membership in the Association. They are bound to pay a membership fee, the amount and payment date of which are specified by the General Assembly in a membership fee regulation.

2. The Association may, in recognition of special services, confer honorary membership upon individual members and long-standing representatives of member organisations, with their consent. Honorary members may speak but not vote at the General Assembly and are not entitled to put forward motions. Honorary members are exempt from paying membership fees.

Section 9: Admission to membership

1. The Board of Trustees decides on the admission of new members on the basis of written applications. Applicants are not entitled to admission. The decision to admit members shall be guided by the principle of pluralistic representation in the Association of civil society actors involved in the promotion and protection of human rights and take into consideration the tasks of the German Institute for Human Rights (registered association). More detailed selection criteria shall be determined by joint resolution of the Board of Trustees and the General Assembly and published in an appropriate form. An application for membership shall only be rejected in exceptional cases, explaining the reasons for the rejection, e.g. due to incompatibility with the ambition of the Paris Principles.

2. Membership commences the day after the Board of Trustees decides on admission. A Board of Trustees' decision to admit a member must be confirmed at the next General Assembly. If confirmation is refused, the membership is terminated immediately after the decision to refuse confirmation. The Chair of the Board of Trustees issues a written explanation as to the grounds for refusal.

3. An award of honorary membership (Section 8, Paragraph 2) is proposed by the Chair of the Board of Trustees and decided on by the General Assembly.

Section 10: Termination of membership

1. Membership is terminated:

• if the Board of Trustees’ decision to admit a member is not confirmed,
• upon the death of a member or the liquidation of a legal person,
• by expulsion from the Association or
• upon resignation.

2. Members may only resign by submitting a written statement to the Board of Directors serving three months’ notice to the end of a financial year.

Section 10a: Suspension of membership

A natural person’s membership shall be suspended for the duration of the respective activity if that person:

(a) becomes a member of the German Bundestag or a Land parliament;

(b) becomes a member of the government of the Bund or of a Land;

(c) is appointed as a senior and, in particular, a political civil servant;

(d) becomes a full-time judge.

Section 11: Expulsion of a member

1. By resolution of the Board of Trustees, a member may be expelled for damaging the Association’s reputation or interests or for other substantial reasons.

2. Before the resolution is passed the member must be given the opportunity to make a statement in person or in writing within an appropriate time limit.

3. The Board of Trustees must state the grounds for expulsion and notify the member of the grounds in writing by registered mail.

4. The expelled member may appeal against the decision within one month of receiving it by applying in writing to the Board of Trustees for the decision to be referred to the General Assembly. Within three months of receiving the notice of appeal the Chair of the Board of Trustees must convene the General Assembly to decide on the expulsion. If he/she fails to convene the assembly in time, the Board of Trustees’ decision to expel the member shall be invalid.

5. Upon notification of expulsion, the member forfeits all posts held in the Association.

Section 12: Duties of the General Assembly

The General Assembly has the following duties:

1. to make recommendations on the principles of the Association's work;

2. to decide on amendments to the statutes, Rules of Procedure and electoral rules;

3. to accept financial statements and annual reports;

4. to discharge the Board of Directors;

5. to confirm decisions taken by the Board of Trustees on admitting new members;

6. to decide on appeals by expelled members against expulsion decisions taken by the Board of Trustees;

7. to elect six members to be delegated to the Board of Trustees according to § 24 paragraph 1(e);

8. to set membership fees and dates for payment in a membership fee regulation;

9. to appoint the two treasurers;

10. award of honorary membership.

Section 12a: Electing members of the Board of Trustees (Section 24 No. 1e)

1. Representatives of the General Assembly on the Board of Trustees are elected by secret ballot. They are elected in a personal capacity. In the case of members who are legal persons, only the authorised representative appointed pursuant to Section 16 Paragraph 2 of the Statutes shall be eligible for election. If the General Assembly is conducted virtually (Section 15a), an electronic voting system is used. Further details are regulated by the Rules of Procedure.

2. All members present with voting rights shall be entitled to vote. A member is considered to be present if they are either physically present or have delegated their voting right. Each person entitled to vote shall have no more votes than the number of representatives to be elected to the Board of Trustees. They can also cast fewer votes than the number of representatives to be elected. Accumulation is not allowed: a person entitled to vote may not cast more than one vote per candidate.

3. Election to the Board of Trustees shall require the votes of at least two-thirds of those who are entitled to vote and who have voted. Those entitled to vote but who have not voted (abstentions) are not counted when calculating the two-thirds quorum.

4. Those candidates shall be elected who, depending on the number of posts to be filled on the Board of Trustees, receive the most votes above the quorum defined in Paragraph 3. If, in a round of voting, more candidates reach the quorum than there are positions to be filled on the Board of Trustees, a run-off shall be held between candidates with the same number of votes in the event of a tie for the last position on the Board of Trustees to be filled.

5. If, in one round of voting, fewer candidates reach the quorum than there are positions to be filled on the Board of Trustees, a new election shall be held for the remaining positions, in which all those candidates shall participate who did not reach the quorum and who uphold their candidature, or who stand for election for the first time. The election regulations set out in Paragraphs 1 to 4 shall apply to the new. election.

6. The General Assembly shall elect two successors in case a representative elected by the General Assembly resigns from the Board of Trustees (Section 24, Paragraph 4). Paragraphs 1 to 4 shall apply mutatis mutandis to the selection of these successors. The order of the successors shall be determined during their election.

7. Further details of the electoral procedure shall be regulated by the General Assembly in electoral rules which may also belong to the Rules of Procedure.

Section 12b: Electing auditors

1.The auditors are elected annually by the General Assembly. The election is conducted openly unless a member requests a secret ballot. Auditors are elected in a personal capacity. In the case of members who are legal persons, only the authorised representative appointed pursuant to Section 16 Paragraph 2 of the Statutes shall be eligible for election.

2. All members present with voting rights shall be entitled to vote. A member is considered to be present if they are either physically present or have delegated their voting right. The candidates who receive the majority of the votes are elected.

3. If the General Assembly is conducted virtually (Section15a) and a secret ballot is requested, an electronic voting system is used that meets the requirements of Section 6a of the Rules of Procedure.

Section 13: Ordinary General Assembly meeting

1. The Chair of the Board of Trustees convenes at least one ordinary General Assembly meeting each year. The meeting is chaired by the Chair of the Board of Trustees.

2. Members must receive a written invitation to the meeting, stating the place, time and provisional agenda, at least six weeks in advance of the meeting. This period is to be calculated from the date the invitation is sent. Members will be deemed to have received the letter of invitation if it was sent to the last address of which the member informed the Association.

3. Meeting documents can be supplied in a secure electronic, written format.

Section 14: Motions for the General Assembly meeting

1. Motions for the ordinary General Assembly meeting must be submitted no later than three weeks in advance of the meeting with a written statement of reasons. This does not apply to motions to amend existing motions.

2. The Chair of the Board of Trustees will send the final agenda to members no later than two weeks before the ordinary General Assembly meeting.

Section 15: Extraordinary General Assembly meeting

1. The Chair of the Board of Trustees may convene an extraordinary General Assembly meeting, which he/she will chair.

2. The Chair of the Board of Trustees is obliged to convene the meeting if at least half of the members of the Board of Trustees, or a quarter of all members of the Association or of those members with voting rights request an extraordinary assembly meeting in writing, stating the purpose and reasons. In this event, members must receive a written) invitation stating the place, time and agenda at least four weeks before the date of the meeting. This period will be calculated from the date the invitation is sent.

3. §§ 13 paragraph 2 and 3 as well as § 14 apply accordingly.

Section 15a: Virtual General Assembly meeting

1. Ordinary and Extraordinary General Assemblies may be convened virtually.

2. In all other respects, the provisions governing the General Assembly (Sections 12 to 22) shall apply mutatis mutandis.

3. Further particulars regarding virtual meetings shall be regulated by the Rules of Procedure.

Section 16: Voting rights and majorities

1. Each member has one vote in the General Assembly. A member may delegate their voting rights only to another member, and each member may only exercise the vote of one other member. Members who have transferred their voting rights are considered present. Authorized representatives of legal persons and associations of persons equivalent to them may, if they are prevented from attending the meeting of the General Assembly, be represented by a professionally suitable substitute from their organization; in such cases, the member is also considered present.

The transfer of voting rights and representations according to sentence 4 shall be reported in writing or in text form to the Chair of the Board of Trustees.

2. Legal persons and associations of persons equivalent to them as members are represented by a delegate appointed for the duration of the term of office of the Board of Directors. They may grant sub-authorizations (Section 16, para 1, sentence 4). In case the terms of office of the members of the Board of Directors diverge, the length of the appointment period shall be determined by that of the term of the Director. In case the delegate leaves the legal person or resigns from his/her post as delegate in the General Assembly before said term, the legal person shall appoint a new delegate under the terms of the previous clause.

3. All decisions of the General Assembly are taken by a majority of votes cast unless otherwise stipulated in the statutes. Abstentions shall not be taken into account when calculating the majority.

Section 17: General Assembly quorum

The General Assembly has a quorum if the invitation to the assembly meeting was sent in due form and on the due date and a third of the members are present. The invitation must include reference to this fact.

Section 18: Amendments to the statutes

1. Decisions on amendments to the statutes can only be taken if the amendment has been, as a separate issue, put on the agenda included in the invitation to the General Assembly meeting. The invitation must include both current as well as the proposed new text.

2. Amendments to the statutes require a majority of three quarters of the cast votes and half of all members. Abstentions shall not be taken into account when calculating the majority.

3. If less than half of the members are present in a General Assembly meeting the agenda of which includes a proposed amendment to the statutes, or if the General Assembly meeting is cancelled for this reason, the decision on the proposed amendment shall be taken in a subsequent General Assembly meeting. The Chair may combine the invitation to such meeting with the invitation to the original meeting the agenda of which included the proposed amendment. The subsequent meeting may be scheduled for the same day. In this meeting, a decision on the proposed amendments can be taken with a majority of three quarters of the cast votes. The invitation must be in conformity with the requirements laid down in § 18.1 and make reference to this special procedure.

4. Amendments to the aims and purpose of the Association require a majority of four fifths of all members.

Section 19: Supplementary agenda items

The agenda may be supplemented during the General Assembly meeting by urgent motions. This does not apply to motions to amend the statutes or to disband the Association. Amendments shall be put to the vote. They are adopted if supported by two-thirds of the votes cast. Abstentions shall not be taken into account when calculating the majority. No supplementary item is required for motions to amend existing motions.

Section 20: Meeting records

Decisions taken by the General Assembly must be recorded in writing and the transcripts must be signed by the Chair of the Board of Trustees and the person who took the minutes. Upon request, dissenting views must be recorded in writing.

Section 21: Attendance at General Assembly meetings

1. Members of the Board of Trustees and the Board of Directors must be invited to General Assembly meetings. They shall attend in an advisory capacity.

2. A member may not participate in discussion and voting on any subject in which he or she has a personal interest.

Section 22: Dissolution of the Association

1. The Association may be dissolved by decision of the General Assembly with a majority of three quarters of the votes cast at the session and half of all members. Abstentions shall not be taken into account when calculating the majority.

2. Notwithstanding § 13.2 and § 15.2, the Board of Trustees must send a written invitation to a General Assembly meeting that is to vote on dissolution two months in advance of the meeting.

3. As proof of invitation, the Board of Directors may assure the General Assembly that, at the behest of the Chair of the Board of Trustees, an invitation announcing the agenda has been sent to members by registered mail.

4. In the event that the Association is to be dissolved, the General Assembly will appoint the liquidators.

Section 23: Duties of the Board of Trustees

1. The Board of Trustees has the following duties:

(a) To decide on the admission of new members in accordance with § 8 in conjunction with § 9, and to take decisions on the expulsion of a member in accordance with § 11,

(b) To appoint and dismiss the Board of Directors and to oversee the work of the Board of Directors,

(c) To represent the Association towards the Board of Directors judicially and extra-judicially,

(d) To approve guiding principles for the work of the Institute,

(e) To approve the medium- and long-term plans drawn up by the Board of Directors,

(f) To approve business, financial, staffing and investment plans drawn up by the Board of Directors,

(g) To approve the financial statements and the annual reports of the Board of Directors and to make recommendations to the General Assembly concerning the discharge of the Board of Directors,

(h) To consent to decisions of the Board of Directors and actions of fundamental significance before they are carried out,

(i) To adopt Rules of Procedures for the Board of Trustees and the Board of Directors,

(j) To appoint and recall members of advisory boards set up for specific subjects or projects.

2. The Rules of Procedures for the Board of Trustees specify the types and levels of legal transactions that require its approval in accordance with § 23.1(h). In exceptional cases, approval may be obtained by written consent in lieu of a board meeting.

3. By request of the Chair or the Board of Trustees, the Board of Directors must inform him/her of all matters pertaining to the conduct of the Institute's business.

Section 24: Members of the Board of Trustees                                                                                

1. The Board of Trustees comprises 18 members with voting rights:

(a) three representatives of the Forum Menschenrechte [Forum Human Rights],

(b) two members of the German Federal Parliament's Committee on Human Rights and Humanitarian Aid,

(c) three members representing academic institutions with reference to human rights as well as three members representing civil society, all appointed by the Bundestag,

(d) one representative delegated by the German Disability Council,

(e) six representatives of the General Assembly.

Members of the Board of Trustees with voting rights should be persons who have demonstrated particular commitment to the protection and promotion of human rights in professional or voluntary capacities. In accordance with the Paris Principles, members shall be appointed using a procedure that accords with the principles of broad publication of vacancies, transparency and participation.

2. In addition, the Board of Trustees has 9 members without voting rights, comprising one representative each appointed by the Federal Government Commissioner for Migration, Refugees and Integration, by the Federal Government Commissioner for Human Rights Policy and Humanitarian Aid, by the Federal Government Commissioner for Human Rights Matters, by the Federal Government Commissioner for Matters Related to Ethnic German Resettlers and National Minorities, by the Federal Government Commissioner for Matters Related to Persons with Disabilities, by the Federal Ministry for Economic Cooperation and Development, by the Federal Ministry of Family Affairs, Senior Citizens, Women and Youth, by the Ministry of Defence, and by the Bundesrat [Federal Council, second legislative chamber representing the federal states].

3. Voting members of the Board of Trustees are appointed for a four-year term, commencing for the first time on 1 June 2016. Voting members of the Board of Trustees may be re-appointed or re-elected for a second four-year term. After two subsequent terms in office re-election or re-appointment is permitted after a waiting period of a minimum of four years.

4. In case a voting member leaves the organization or institution which has appointed him/her or resigns from his/her post on the Board of Trustees, his/her replacement is elected or appointed for the remaining duration of the term of the Board. A by-election in the General Assembly is only required if a successor (Section 12a Paragraph 4) is no longer available. Successors shall also belong to the Board of Trustees for the remainder of its tenure.

5. Each voting member of the Board of Trustees may appoint one other voting member of the Board of Trustees to vote on his/her behalf, and each member may only vote on behalf of one other member. Voting members who have effectively conferred their vote on another voting member are included for the determination of quora. The Chair of the Board of Trustees shall be informed in writing if voting rights are transferred.

7. Members of the Board of Trustees serve in a voluntary capacity. If necessary, expenses incurred will be reimbursed in accordance with the Federal Travel Expenses Act (Bundesreisekostengesetz) regulations.

Section 25: Election of the Chair of the Board of Trustees

1. The Board of Trustees elects, from among its members, a Chair and two Deputy Chairs for a four-year term.

2. When the Board of Trustees’ tenure (Section 24, Paragraph 3) ends, the incumbent Chairperson and his/her Deputy Chairpersons shall remain in office provisionally until the constitutive meeting of the new Board of Trustees, provided they are also members of the new Board of Trustees.

Section 26: Duties of the Chair of the Board of Trustees

In addition to the duties laid down elsewhere in the statutes, the Chair of the Board of Trustees has the following duties:

1. To represent the Association, without prejudice to the Board of Directors' legal powers of representation.

2. To convene and chair meetings of the Board of Trustees.

3. To represent the Board of Trustees in the periods between meetings.

4. If decisions of the Board of Directors requiring the approval of the Board of Trustees cannot be postponed, the Chair may grant approval instead of the Board of Trustees. In this event he/she must inform the Board of Trustees without delay.

5. In particularly urgent cases the Chair may obtain decisions of the Board of Trustees by written consent in lieu of a meeting. The Chair will conclude that the Board of Trustees has passed a resolution if the majority of Board of Trustees members with voting rights have given their written consent.

6. The Chair may attend meetings of committees and advisory boards.

Section 27: Meetings of the Board of Trustees

1. The Board of Trustees holds at least two meetings each year. Meetings are convened by the Chair, or in cases of his/her inability to attend, by one of the two Deputy Chairs. The constitutive meeting of the Board of Trustees at the beginning of a new tenure shall be convened by the acting Chair of the Board of Trustees or, in their absence, by the acting Deputy Chair of the Board of Trustees (Section 25 Paragraph 2). If neither the previous Chair of the Board of Trustees nor any of the Deputy Chairs are in office provisionally, the Board of Directors shall convene the constitutive meeting. A meeting must be convened if one third of the members of the Board of Trustees or one third of full members of the Association request this in writing.

2. The Board of Trustees takes decisions by the majority of the votes cast by members with voting rights. Abstentions shall not be taken into account when calculating the majority. In the event of a tied vote, the Chair will have the casting vote. Decisions concerning the admission of members to the Association in accordance with § 23.1(a) must be adopted by a majority of two thirds of members of the Board of Trustees with voting rights. The Board of Trustees is quorate if at least half of its members with voting rights are present.

3. To prepare its meetings, the Board of Trustees may form committees from among its members.

4. No members of the Board of Trustees may take part in discussions and votes on matters in which they have a personal interest.

5. The voting members of the Board of Trustees may resolve, by a majority of ten members, to allow deliberations and decisions on strategic issues relating to the independent fulfilment of the Institute’s mandate to take place without the non-voting members.

6. Members of the Board of Directors take part in meetings of the Board of Trustees in an advisory capacity, except in connection with their own appointment or dismissal or in discussions on matters in which they have a personal interest. The Chair may also invite other persons to meetings of the Board of Trustees.

7. Decisions taken by the Board of Trustees must be recorded in writing and the transcripts must be signed by the Chair of the Board of Trustees and the person who took the minutes. Upon request, dissenting views must be recorded in writing.

Section 28: Advisory boards

The Board of Trustees may appoint advisory boards as needed to advise it and the Board of Directors on specific subjects and projects. The Board of Trustees will specify the composition, duties and working method of these advisory boards in Rules of Procedure.

Section 29: Annual report and financial statements

After the end of each financial year, the Board of Directors must, without delay, draw up the annual report and financial statements with written clarifications. The financial statements to be approved by the Board of Trustees are audited by the treasurers and submitted to the General Assembly for the purpose of discharging the Board of Directors.

Section 30: Duties of the Board of Directors

The Board of Directors represents the Association judicially and extra-judicially. It conducts the Institute’s business. Further details are laid down in the Rules of Procedures for the Board of Directors.

Section 31: Composition of the Board of Directors

1. The Board of Directors, as defined in § 26 of the German Civil Code (Bürgerliches Gesetzbuch), consists of a Chair and Deputy Chair, only one of whom should be a lawyer. One of the two positions should be held by a woman.

2. Both members of the Board of Directors have sole power of representation of the Association. In the event of differing opinions between them, the Chair will decide.

3. The Board of Trustees appoints the chair and deputy chair, each on the basis of job advertisements, who then have the designations “Director” and “Deputy Director”. Each appointment will be for a period of four years. Reappointments are permissible.

4. If the Director or the Deputy Director step down prematurely, the Chair of the Board of Trustees may appoint a temporary replacement until a successor has been appointed.

5. Personal liability of the members of the Board of Directors towards the association is restricted to acts of intent or gross negligence

Section 32: Tax authority

Decisions whereby a statutory provision material to tax relief is retrospectively altered, amended, added to or deleted from the statutes must be reported to the relevant tax authority for approval and may only be implemented with the tax authority’s consent.

Section 33: Register of associations

Decisions on amendments to the statutes or on disbanding the Association must be reported to the competent district court for entry in the register of associations.