German Court Rules Children Have Right to Use Playgrounds Unsupervised

Kempten's regulation that limited children's access to playgrounds and other public green spaces has been declared unconstitutional by the Bavarian Constitutional Court. For the past two years, the city had enforced a rule requiring children up to the age of ten to be accompanied by a parent or an older teenager when using these facilities.

The court's decision followed a legal challenge by a private individual against the city's ordinance. The judges found the restriction, which stated that children up to and including nine years old could only enter green areas if accompanied, to be invalid. The court stressed the significant importance of unsupervised visits to playgrounds and other green areas for the development of children, particularly those in primary school age.

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For the development of children, for example in primary school age, the unsupervised visit to playgrounds, sports fields and other green areas is of great importance.

Kempten's justification for the rule was to prevent accidents, especially near water bodies, and to mitigate the city's liability risks. The ordinance specified that children under ten, individuals with disabilities requiring supervision, and others under a duty of care could only access these areas when accompanied by a suitable supervisor, such as an adult or someone over 16.

However, the Constitutional Court invoked the principle of proportionality, stating that all state interventions must be proportionate. The judges acknowledged the established legal understanding that normally developed children, who have already gained a degree of independence, must be allowed to play outdoors without supervision. They also noted that children need the freedom to explore and discover new environments. Regarding accident risks, the court pointed out that danger is not universal for unsupervised children and that areas with specific risks like ponds or lakes are geographically limited. Therefore, the court concluded that the city's blanket requirement for accompaniment was disproportionate.

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It is recognized in jurisprudence that for normally developed children who have already been released into greater independence, outdoor play must also be possible without supervision, and they must also be able to discover and 'conquer' new territory.