Hitler Youth Laws: 1939

Figure 1.--This photograph is unidentified, but it asppears to be children signing up for the Hitler Youth. Notice that HJ boys are rgistering them. We do not at his time fully understand the documentation involved. Many children have been brought by their parents.

Synopsis

The NAZIs promulgated the Seconf Hitler Youth Law March 25, 1939, a few months before World War II. The law is notable for the much greater detail defining membership in the HJ. The Law begins by declaring that "Service in the Hitler Youth is honorary service to the German people." The Law explicity states that German children must join the Hitler Youth at age 10 and serve through age 18 yerars. Penalties are privided for guardians who do not comply, including confinement. The Law also gives officials the authority to require participation. Quite a range of possble exemptions to participation are described in detail. These generally refer to poor health and inproper conduct. Children of Germans residing abroad can not be compelled to serve if in Germany for brief visits. Girls are allow to withdraw upon marriage. Children having difficulty with their school work can be exempted. Jews are specifically excluded, but no other racial exclusions are indicated. There are refrences to Danes and Poles residing in Germany, this would include some who are Germany citizens. Substantial numbers of both Danes and Poles lived in Germany. The apparanent leinancy toward Poles is interesting given the draconian actions taken against many Poles in the occupied area after the War was launched. This Law was promulgated before the War and thus does not refer to the occupation of those countries. It explicitly states that such children can not be compelled to join, but does not prevent them from doing so. The induction creemony is to be conducted once a year all over Gemany--April 20 (the Führer's birthday).

Second Execution Order to the Law of the Hitler Youth (Youth Service Regulation) (March 25, 1939)

On the basis of Article 4 of the law for the Hitler Youth of 1 December 1936 (RGBl I, page 993), I order:

Article 1: Length of Service

(1) Service in the Hitler Youth is honorary service to the German people.

(2) All juveniles from the 10th to the end of the 18th year of age are obliged to serve in the Hitler Youth, and namely:

.....1. Boys between the ages of 10 and 14 in the Junior Hitler Youth (DJ),

.....2. Boys between the ages of 14 and 18 in the Hitler Youth (HJ),

.....3. Girls between the ages of 10 and 14 in the Junior Hitler Youth (JM),

.....4. Girls between the ages of 14 and 18 in the German Girls League (BDM).

(3) Pupils of elementary schools, who have already completed their 10th year of age, are deferred from the service in the Hitler Youth until they leave the classes of the elementary schools.

(4) Pupils of elementary schools, who have already completed their 14th year of age, remain, until their discharge from school, members of the Junior Hitler Youth (DJ and JM).

Article 2: Educational Authority

All boys and girls of the Hitler Youth are subject to a public legal educational authority according to the provisions of regulations, decreed by the Fuehrer and Reich Chancellor.

Article 3: Unworthiness

(1) Those juveniles are unworthy of membership in the Hitler Youth, and thus are excluded from the community of the Hitler Youth, who

.....1. Commit dishonorable acts,

.....2. Were dismissed from the Hitler Youth, before this law came into effect, because of dishonorable acts,

.....3. Who cause offense by their moral behavior in the Hitler Youth or in public, and thus injure the Hitler Youth.

(2) Furthermore, juveniles are excluded from membership in the Hitler Youth, as long as they are in official custody.

(3) The youth leader of the German Reich can permit exceptions.

Article 4: Unfitness

(1) Juveniles, who have been found, in the opinion of a medical officer of the HJ or of a physician, commissioned by the HJ, to be unfit or only partially fit for service in the Hitler Youth, must be relieved altogether or partially from service in the Hitler Youth according to the medical decision.

(2) The cooperation between health offices and the execution of other hygienic measures will be regulated by the youth leaders of the German Reich in agreement with the Fuehrer's Deputy and the Reich Minister of the Interior.

Article 5: Deferment and Exemption

(1) On request of the legal guardian or the HJ leader concerned, juveniles can in each case be deferred or exempted from service in the Hitler Youth up to the duration of one year, if they:

..... 1. Are retarded considerably in their physical development,

..... 2. In the judgment of the school principal cannot fulfill the demands of school without the exemption.

(2) In individual cases, a request for deferment or exemption from service in the Hitler Youth can also be granted, when the conditions of Part 1 do not exist, but if there are other urgent reasons, which justify the temporary or permanent absence of a juvenile from service in the Hitler Youth.

(3) The youth leader of the German Reich will issue further regulations.

Article 6: German Subjects of non-German National Origin

(1) Juveniles of German citizenship, whose both parents or father belong according to their own statement to the Danish or Polish ethnic groups, are to be exempted from membership in the Hitler Youth on request of those who are charged with their care. If several persons have the right and duty to care for the juvenile person, and not every one of them makes the request, the juvenile may be exempted. Illegitimate juveniles may be exempted from membership in the Hitler Youth on request of those who are charged with their care, if the mother belongs according to her own statement to the Danish or Polish racial groups; they are to be exempted if the guardian agrees to the request.

(2) The request is to be made to the lower administrative authorities. The higher administrative authority will investigate whether there is an acknowledgment of membership in the Danish or Polish ethnic group. More specific administrative rules will be issued by the Reich Minister of the Interior in agreement with the youth leader of the German Reich.

(3) The Reich Minister of the Interior exercises the supervision over youth organizations of the Danish or Polish ethnic groups. New foundations need his permission.

(4) No compulsion may be exercised by anyone toward the joining of a youth organization of the Danish or Polish ethnic groups.

Article 7: Racial Requirements

Jews (Article 5 of the 1st proclamation to the law of Reich citizenship of 14 November 1935, RGBl I, page 1333) are excluded from the membership of the Hitler Youth.

Article 8: German Subjects residing Abroad

Juveniles of German citizenship, who reside abroad, and who are only temporarily in the German Reich, are not obliged to serve in the Hitler Youth.

Article 9: Registration and Induction

(1) All juveniles are to be registered with the respective Hitler Youth, leader for induction into the Hitler Youth before 15 March of the calendar year during which they complete their 10th year of age. If a juvenile fulfills the conditions for acceptance into the Hitler Youth (for instance release from official custody, receipt of citizenship, permanent residence in the German Reich) after this time, the juvenile is to be registered within one month after fulfillment of the conditions named.

(2) The legal representative of the Juvenile is liable for the registration.

(3) Induction into the Hitler Youth takes place on 20 April of every year.

(4) The youth leader of the German Reich will issue more specific regulations about registration and induction into the Hitler Youth. >br>

Article 10: Discharge

(1) The following will be discharged from the Hitler Youth:

.....1. Juveniles after the expiration of the period, fixed in Article 1, and girls who marry,

.....2. Juveniles concerning whom it is established that they are excluded from membership in the community of the Hitler Youth according to the regulations of this law.

(2) Article 3, part 3 apply accordingly to No. 2 and 3.

(3) Male and female leaders remain members of the Hitler Youth after the period fixed in Article 1 has expired. Their discharge will take place by special regulations. They are to be discharged on their request.

Article 11: Leaves during Membership in the Hitler Youth

(1) The membership in the Hitler Youth becomes inactive for the duration of active military service.

(2) Members of the Reich labor service may not be active in the service of the Hitler Youth.

Article 12: Punitive Regulation

(1) A legal guardian will be punished with a fine up to 150 marks or with confinement if he intentionally acts against the provisions of Article 9 of this law.

(2) Whoever malevolently prevents or attempts to prevent a juvenile from serving in the Hitler Youth, will be punished with prison and fine, or with one of these punishments.

(3) Legal punitive action will only be taken on request of the youth leader of the German Reich. The request can be withdrawn.

(4) Juveniles can be forced by the respective local authorities, to fulfill the duties with which they are charged on the basis of this law, and of the implementative regulations issued for it.

Article 13: Final Regulations

For juveniles of the age classes 1921 to 1929, who have not belonged to the Hitler Youth up to now, the youth leader of the German Reich will fix the time of their registration and induction into the Hitler Youth.

Berlin, 25 March 1939

The Fuehrer and Reich Chancellor
Adolf Hitler

The Deputy of the Fuehrer
R. Hess

The Reich Minister and Chief of the Reich Chancellery
Dr. Lammers

NAZI Procecutions

The nature of the prvisions suggest that some guardians and some youths were trying to evade service. We have no idea how widespread this was, but clearly it was sufficently widespread to irritate NAZI officials. We have no data on the extent of evasions or the number of procecutions under the provisions of the Law, nor do we know if such data exists.

Reader Comments

A reader writes, "How did this work in practice. If someone was excluded from HJ because of school work did that mean the child was given 'special treatment?" Article 5 did provide for Deferments/Exemptions if a child was having trouble in school. We have no data on this. Our general assessment is that this was not very common. We have not noted in the literature examples of this, but of course children so affected would not have been very proud of it, so it is probably something that id sufficult to track. We do note that during the NAZI era there was a general weakening of academic standards. The NAZIs were desmissive of intelectuals and as the ecucatiinal system became increasingly NAZIfied, this had an impact on educatiinal standards. We have noted children being expelled for moral infractions, but not for poor grades. Hopefully HBU readers will have some insights to offer here.

Source

1939 REICHSGESETZBLATT, PART I, PAGE 710

Translation: Office of the United States Chief Counsel for Prosecution of Axis Criminality. Nazi Conspiracy and Aggression Volume IV (Washington, DC : United States Government Printing Office, 1946).