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And finally, there are also specific minority legislation and measures in European and German law. In Germany, the constitutions of the federal Lands are more generous towards the minorities than the German Basic Law is.
Danish minority
The Danes are explicitly protected by the Constitution of Schleswig-Holstein. Furthermore they receive specific protection because of the Bonn-Copenhagen Declarations. In 1955, Germany and Denmark both issued government declarations: Germany recognised the Danish minority that is living in Germany and at the same time the Denmark recognised the German minority that is living on Danish territory. The declarations recognise the freedom to choose whether or not someone considers him- or herself to belong to a minority (freedom of affiliation). The declarations also reaffirm the equality of all citizens. The two countries agreed to an additional declaration about financial support for the respective minority in the German-Danish border region.
The Schleswig-Holstein Election Code contains privileges for the parties of the Danish minority, similar to the Federal Election Law. This means that the so-called five percent clause, according to which only parties that receive at least five percent of the second votes or have won a direct mandate in at least one constituency are considered in state elections, does not apply to the parties of the Danish minority in Schleswig-Holstein.
Frisians
The Frisians are explicitly protected by the constitution of Schleswig-Holstein. In 2004 the Schleswig-Holstein parliament (Landtag) adopted the so-called Frisian Law that provides support for and protects the Frisian language and culture.
It recognises the Frisian language forms and their free use and guarantees the specific rights of the Frisians, e.g. to use Frisian in contacts with the authorities or the use of bilingual place-name signs.
Lusatian Sorbs
German Sinti and Roma
The amendment to the constitution of the state of Schleswig-Holstein in November 2012 gave German Sinti and Roma explicit protection in a federal state for the first time.
In November 2013 the Prime Minister of Baden-Württemberg and the Chair of the regional association of German Sinti and Roma signed a state agreement. This contains a clear commitment to the recognition of Baden-Württemberg’s Sinti and Roma and stipulates binding support for the minority.
Further (framework) agreements under public law exist between different regional governments and the regional associations of German Sinti and Roma in Rhineland-Palatinate, Hesse and Bremen. There is a similar “Joint Declaration” in Bavaria, where based a decision by the regional parliament (Landtag) currently negotiations are taking place about an state agreement under public law.
