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What Counts as Nazi Persecution Under Article 116 and Section 15 StAG?

One of the most common questions applicants ask is whether their family history actually counts as persecution under German law.

Persecution is central to both Article 116(2) of the Basic Law and Section 15 of the German Nationality Act. Understanding how it is defined is often the first step in assessing a case.

What the Law Means by Persecution

Persecution under these routes refers to measures taken against individuals between 30 January 1933 and 8 May 1945.

It generally covers persecution on political, racial, or religious grounds.

It is not limited to physical harm. It also includes the legal and administrative measures that stripped people of their rights and status.

Loss of Citizenship Under Article 116(2)

Article 116(2) generally applies where German citizenship was taken away as a result of persecution. This happened in two main ways:

• Individual denaturalization, where a specific person was stripped of German citizenship
• Collective loss, where entire groups lost citizenship automatically under Nazi measures

Cases Covered by Section 15 StAG

Section 15 covers related situations that fall outside the classic deprivation model. These can include:

• Citizenship that was given up or lost in another way
• Naturalization that was applied for but denied
• Exclusion from acquiring citizenship through marriage, legitimation, or collective naturalization
• Families who were forced to give up their habitual residence in Germany

Why the Distinction Matters

The two routes cover different forms of persecution.

Identifying how persecution affected a particular family helps determine which legal route applies.

Conclusion

Persecution under these laws is broader than many families expect, covering legal and administrative measures as well as the direct loss of citizenship. The key is establishing how persecution affected the family and which route reflects that history.