Domiciliary rights

The German General Right of Personality was developed by the Federal Constitutional Court. This right derives from Art. 1 Section 1 of the Basic Law (GG) in conjunction with Art. 2 section 1 of the GG. It protects the personal living sphere and the right of informational self-determination.

Nightclubs can make use of their domiciliary right, meaning that the owner or the tenant of a living or working place (in that case the nightclub) can largely determine how to use that space. The nightclub owner is thus free to choose the way the discotheque should be thematically orientated. That is: they are free to choose the kind of music that is played, the kind of events that take place, the beverages they sell, the atmosphere that should reign and which group they target. That encloses their right to determine who can enter their nightclub. The domiciliary right is based on the German constitutional right of inviolability of the home.

In this respect, the nightclub owner can set rules with which the customers shall comply. This domiciliary right can for example contain a dress code or other general rules of conduct. In case of violation of these domiciliary rights, the owner has the right to ban the customer from the nightclub. That right of banning arises from the German general right of personality, Art. 2, paragraph 1 constitution related to Art. 1 section 1 of the Constitution and the right of ownership is to be found in Art. 14 of the Constitution.

If a person regularly violates the domiciliary right: by acting aggressively for example, or if that person is drunk, s/he can be banned from the nightclub. In such cases, this does not constitute discrimination.

© Büro zur Umsetzung von Gleichbehandlung e.V. 2011