The Federal Constitutional Court of Germany has ruled that the ban on sex dolls designed to resemble children is constitutional. The legal provision prohibiting the manufacture, sale, acquisition, and possession of such dolls was found to be compatible with the Basic Law. Both constitutional complaints filed against the enforceable ban failed.
The complainants argued that the regulation violated their general right of personality, particularly their right to sexual self-determination. However, the Second Senate of the Federal Constitutional Court pointed out that the interference with the right of personality was justified. The court emphasized that protecting the physical, psychological, and sexual integrity of children is of paramount importance, and the state has a duty to provide that protection.
The decision was reached by a vote of six to two. One judge expressed reservations in a separate vote, characterizing the regulation as moral legislation lacking sufficient rational foundation. This dissenting opinion argued that the use of sex dolls resembling children falls within the untouchable private sphere of personal life design and questioned the assumption of societal acceptance regarding the sexualization of children.
