Freedom of religion in Germany
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Freedom of religion in Germany is guaranteed by article 4 of the
The German system of state support for otherwise independent religious institutions assists all religions equally in principle, though in practice it has been unable to fully encompass some minority faiths.[2] The government has granted most of the country's major religious communities "public law corporation" (PLC) status – Körperschaft des öffentlichen Rechts in German – which allows for numerous benefits. Traditions that lack a centrally organized national structure – most notably Islam – have had difficulty attaining PLC status and the benefits that come with it.[2]
In 2023, the country was scored 4 out of 4 for religious freedom.[3]
Legal situation
The freedom of religion in the Grundgesetz (Basic Law) means one may adopt any kind of religious or non-religious belief, practice it in private or in public, confess it, or keep it for oneself. The state does not identify with any religious organization. This distinction of church and state originated in what is now called the two kingdoms doctrine.
Religious freedom, like the other basic rights of the Grundgesetz, is limited where it collides with the core value of
Art. 4 sec. III provides for the right to refrain from military service in the name of religion (lit. "conscience").[4]
Individual freedom of religion
Besides collective, German law protects individual freedom of religion, which is to be distinguished into positive and negative freedom of religion. Negative freedom of religion covers the right not to confess your faith unless legally required (i. e. registration for church tax) and the right not to be exposed to religion while in a position of "subordination" where one is legally required to attend. Landmark decisions are the Crucifix Decision[5] and the Headscarf Decision.[6]
Crucifix Decision
In the Crucifix Decision[7] the German Federal Constitution Court in 1995 decreed a law that insisted on the presence of religious symbols (crucifixes) in public institutions to be illegal, excluding in some Roman Catholic elementary schools. The court further demanded that the symbols must be removed if a parent does not agree with them. In 1973, a Jew complained successfully that his freedom of religion was violated by the obligation to speak in a German courtroom decorated by a cross.[8]
Headscarf Decision
In 2004, the German Supreme court denied
School exemptions
In Germany, high school students are not excused from classes on
Homeschooling for religious reasons is illegal.[12] German laws against homeschooling are the strictest among all developed countries.[13] The Romeike family[14] sought asylum in the United States in order to homeschool, but their case is currently subject to pending legislation.[15]
Apostasy
To leave a church or an officially registered religious group, authorities in almost all states demand citizens to pay an administrative fee between €30 and €60. It is not possible to leave an officially registered religion (and to end the tax duty on the income) by just declaring the rejection of the belief to this religious group.[16]
Censorship
Some religious writings are cataloged in the Index of Harmful Materials, which outlaws all sales except those made under-the-counter. Organized religious bodies are given representation on the 12 person panel which votes on censorship. Although the list of censored websites is kept secret from the public, one of the more prominent cases involved the traditionalist Catholic blog kreuz.net, which has since been shut down.[17] It has since been replaced with kreuz-net.at which is run by another individual.
Circumcision
In 2012, a Cologne regional court ruled child circumcision to be illegal when not medically necessary.[18] This ruling proved to be controversial; on the one hand, surveys found most Germans to be in favor of the decision, while on the other hand, the ruling sparked debate over religious freedom due to circumcision's importance in Judaism and Islam.[19][20] Critics of the ruling, such as Germany's Central Council of Jews and Religious Community of Islam, argued that the ruling was insensitive and counterproductive to religious freedom and integration, while supporters of the decision, such as criminal law professor Holm Putzke of the University of Passau, argued that circumcision was physically harmful and that parents did not have the legal authority to consent to such a procedure when not medically necessary.[19][21] Chancellor Angela Merkel opposed the ruling, saying “I do not want Germany to be the only country in the world where Jews cannot practice their rituals. Otherwise we will become a laughing stock.”[22] The German Parliament ultimately reversed the court's decision, passing legislation that legalized non-therapeutic circumcision of underage boys even though it is medically harmful.[23][24]
Contraception
Some persons in Germany do not practice
Meat
In 2002 the Federal Constitutional Court struck down a ban on ritual slaughter.
Collective freedom of religion
German law on freedom of religion distinguishes between individual and collective freedom of religion. Collective freedom of religion additionally covers the legal statutes of religious organizations, but this freedom only applies to religious communities "whose constitution and number of members ensure the guarantee of continuity."[26] Of special interest is the statute of corporate body under public law, which allows the organization to collect the four percent church tax and hold religious education in state schools.
Types of legal statutes
A
Non-profit corporation
Two other types of organizations are often employed: the most frequent are gemeinnützige
Corporate body under public law
The second is a Körperschaft des öffentlichen Rechts (corporate body under public law), a status which is specifically granted to religious groups. Some smaller communities may have this status in one state, while they maintain a different status in another. The status has a string of benefits attached. Religious communities which are organized under public law have the right to collect contributions (church tax) according to laws which are similar to general tax laws. Religious communities enjoy further privileges regarding building and tax regulations, the ability to teach religion as a regular course in state schools, and the ability to be represented in media consulting committees.
The right to collect church tax
The so-called "church tax" (German: Kirchensteuer) for corporate bodies under public law is collected with the regular state tax by the state from all registered members of these denominations.[27][28] On the basis of tax regulations within the limits set by state laws, communities may either request the state to collect fees from members in the form of a surcharge of the income tax assessment (the authorities would then withhold a collection fee), or they may choose to collect the tax themselves. Not all bodies entitled to collect church tax actually collect it, as some Old Confession Churches believe it to be contrary to the separation of church and state. Also, organizations belonging to the Confederation of Free-thinking Communities of Germany[29] are also entitled to collect the four percent "church" tax, although not all of them do.
In the first case, membership to the community is registered onto a taxation document (Lohnsteuerkarte). The member's employer must then withhold church tax prepayments from the income of the employee in addition to the prepayments on the annual income tax. In connection with the final annual income tax assessment, the state revenue authorities also finally assess the church tax owed. In case of self-employed persons or other tax payers not employed, state revenue authorities collect prepayments on the church tax together with prepayments on the income tax.
In case of own collection, collecting communities may demand the tax authorities to reveal taxation data of their members, in order to be able to calculate the contributions and prepayments owed. In particular, smaller communities (e.g. the Jewish Community of Berlin) chose to collect taxes by themselves in order to save the collection fee[citation needed]. Collection of church tax may be used to found institutions and foundations or to pay ministers. Seminary training at state universities is funded by the government instead of through church tax.
The church tax is only paid by members of the respective religious corporate body under public law . Those who are not members of a tax collecting denomination are not required to pay it. Members of a religious community which is a corporate body under public law may formally declare to state authorities that they wish to leave the community (this is commonly referred to as "leaving the church"). With such declaration, the obligation to pay church taxes ends. The concerned religious organisations usually refuse to administer
The church tax is historically rooted in the pre-Christian Germanic custom where the chief of the tribe was directly responsible for the maintenance of priests and religious cults. During the Christianization of Western Europe, this custom was adopted by the churches into the concept of Eigenkirchen (churches owned by the landlord), which stood in strong contrast to the central church organization of the Roman Catholics. Despite the resulting medieval conflict between the emperor and pope, the concept of church maintenance by the ruler remained the accepted custom in most Western European countries. In Reformation times,[30] the local princes in Germany officially became heads of the church in Protestant areas, and were legally responsible for the maintenance of churches; the aforementioned practice is legally referred to as Summepiscopat. Only in the 19th century did the financial flows of churches and state get regulated to a point where the churches became financially independent – the church tax was introduced to replace the state benefits the churches had obtained before.
Fee for leaving a religious corporate body under public law
In July 2008, the
The right to provide religious education at state schools
Education is the responsibility of the 16 federal states (Bundesländer), and each state can decide how to organise religious education. In most states, religious education is obligatory. The curriculum is provided by the churches and approved by the state. Usually the Roman Catholic Church and one Protestant Church each provide school lessons for members of their own denominations, and for members of other denominations that wish to participate. Smaller denominations and some other religious minorities either co-operate with one of the big ones or may decide to conduct classes outside school. In the latter case they can provide the school with details of pupils' performance, so that this information can be included in school reports.
Children who do not want to participate in religious education are obliged to attend an alternative class called "ethics", in which various issues of philosophy, society, and morals are discussed.
In most cases, even if pupils that stay in one class for almost all their lessons, they are divided into groups (Roman Catholic, Protestant, Jewish, Islamic, Ethics) for their religious education, joining other pupils they might not know very well, but who belong to the same denomination.
The position is reversed in some states (Berlin, Brandenburg): the default option, similar to "ethics", is called "knowledge of life".[37] Pupils may choose instead to attend a denominational course, although in Berlin ethics is mandatory for all students starting in middle school in addition to an optional denominational course. Islamic classes are developed by the government because with the exception of the Ahmadiyya, Muslim associations are not corporate bodies under public law.[38]
Other states (Bremen, Hamburg) have different systems, which is permitted by the Bremen clause.
Blasphemy law
In Germany, religious defamation is covered by Article 166 of the Strafgesetzbuch, the German criminal law. If a deed is capable of disturbing the public peace, defamation is actionable. The article reads as follows:[39]
- § 166 World viewassociations
- (1) Whoever publicly or by dissemination of writings (§ 11 par. 3) defames, in a manner suitable to disturb the public peace, the substance of the religious or world view conviction of others, shall be fined or imprisoned for up to three years.
- (2) Whoever publicly or by dissemination of writings (§ 11 par. 3) defames, in a manner suitable to disturb the public peace, a customs, shall be punished likewise.
- § 166
In 2006, the application of this article received much media attention when a Manfred van H. (also known as "Mahavo") was prosecuted for defamation for distributing rolls of toilet paper with the words "Koran, the Holy Koran" stamped on them.
Illegality of religious TV advertisements
In 2002, there was a legal controversy regarding the "Power for Living" campaign by the Christian Arthur S. DeMoss Foundation featuring celebrities Cliff Richard and Bernhard Langer. The TV advertisings for their book were banned because they were considered as "advertising a worldview or religion", which is forbidden by § 7 section 8 of the state treaty on broadcasting (Rundfunkstaatsvertrag) and European laws on media. For its posters, newspaper adverts and leaflets, however, there was no such problem.[43]
Cults, sects, and new religious movements
The right of self-determination in Germany only applies to religious communities "whose constitution and number of members ensure the guarantee of continuity."[26]
State-issued information on NRM
The German government provides information about
The main point of critics against Sekten from the governmental side is that they propagate a concept of the ideal human (Menschenbild de:Menschenbild) which is very different of the concept underlying the Grundgesetz (Basic Law).[45] For example, some cults may stress the inequality of social groups, races or sexes, and foster a culture where blind obedience and fundamentalism are welcomed. The Grundgesetz, however, says that all people are equal and envisages people who are open-minded, discerning and tolerant.[46]
In 2002, Germany's Federal Constitutional Court ruled that the German government had violated its constitution in its treatment of the Rajneesh movement, using deprecating expressions about it that were not based on fact.[47] The Federal Constitutional Court took eleven years to come to its decision, and the overall duration of proceedings from the original complaint lasted over 18 years; Germany was subsequently fined by the European Court of Human Rights for the excessive duration of the case.[47][48][49][50] Given the limits set by the Federal Constitutional Court on the permitted scope of government actions in 2002, the European Court of Human Rights found that Germany was not in violation of Article 9 (freedom of thought, conscience and religion), Article 10 (freedom of expression) and Article 14 (prohibition of discrimination) of the European Convention on Human Rights, but found that it had violated Article 6 § 1 (right to a fair hearing within a reasonable time).[50]
Jehovah's Witnesses
Since the 1990s, German courts have repeatedly denied the request of the Jehovah's Witnesses to become a corporate body under public law for various reasons, one of them being that the Jehovah's Witnesses would discourage their members from taking part in state elections, and would not respect the Grundgesetz.
In March 2005, Jehovah's Witnesses were granted the status of a body of public law for the state of Berlin,[51] on the grounds that the alleged lack of fidelity towards the state had not been convincingly proven. The decision on the group's status in Berlin was upheld by the Federal Administrative Court in 2006.[52] In subsequent years, corresponding decisions were made in 12 other states.[53][54] In the states of Baden-Württemberg,[55] and Bremen,[56] the group was denied the status in 2011.
Due to their status of corporate body under public law (in some states), Jehovah's Witnesses in 2010 filed a complaint for broadcasting time at Germany's international broadcaster, Deutsche Welle.[57]
Concerning the issue of blood transfusions, the Federal Constitutional Court has held that transfusing blood to an unconscious
Scientology
German courts have come to different decisions on employees and members of
Display of neo-pagan symbols
There have been cases of groups in Germany which practice
Historical development
The 1550 Magdeburg Confession developed the doctrine of
In the first half of the 17th century, Germany was laid to waste by the Thirty Years' War, where the lines between enemies within Germany followed mainly denominational borders between the areas of the Catholic League (German) and those of the Protestant Union. The following Syncretistic controversy improved Protestant understanding of Catholicism, but risked schism between competing Lutheran factions. Pastor and hymn writer Paul Gerhardt was forced out of office in 1755 due to his staunch Lutheran convictions in a Berlin ruled by a Reformed prince.
In the 18th century, the idea of freedom of religion was promoted by cultural leaders like philosopher
The German Empire of 1871 recognized a basic religious freedom for individuals. During World War I, Jewish field chaplains[68] were used by the Army for the first time. The 1919 Weimar constitution recognized the freedom of religion in a manner similar to how it is today under the Basic Law. Individual freedom of religion was described in Article 136: the civil and civic rights and duties are neither qualified nor restricted by exercise of freedom of religion. No one can be forced to attend an ecclesiastical act or ceremony or be forced to take part in religious exercises or use a religious formula of oath.
Article 137 of the Weimar constitution was about religious associations. Main points include the omission of recognition of a state church. Religious associations manage their own affairs within the limits of general law. Religious offices are given without the influence of the state. Religious associations are legal entities. Religious associations which are "bodies of public law" keep this status. Other religious associations can request the same rights, if they can show by their constituency and number of members that they are permanently established. Associations with the purpose of cultivating a world view have the same status as religious associations.
During the time of the Third Reich, there was a very real danger of religious persecution for adherents of any religious association beside the
In 1949, West Germany formulated religious freedom in the Grundgesetz. Although communist East Germany officially claimed religious freedom, the actual practice was to allow a low-key private exercise of religion that did not interfere with any duties towards the state. Outspoken pastors had to face prison in extreme cases, but the more frequent way of dealing with openly confessing Christians and clerics was subtle repression, like strict observance by the state security, or forbidding admission to college for their children. Only following the collapse of communism was the Evangelical Lutheran Free Church able to re-establish church-fellowship with the Wisconsin Evangelical Lutheran Synod.
In the late 20th and early 21st century, free churcher and doctor of theology
Jews in Germany face acts of
Consequences
Although the church and state in Germany have been legally separated since the
See also
References
- ^ Fact sheet on the constitutional complaint at the Federal Constitutional Court Archived 2011-09-06 at the Wayback Machine
- ^ a b "Germany". Berkley Center for Religion, Peace, and World Affairs. Archived from the original on 2013-10-12. Retrieved 2011-12-29. See drop-down essay on "Religious Freedom in Germany"
- ^ Freedom House website, retrieved 2023-08-08
- ^ Religious Freedom in Germany
- ^ Decision of the German Federal Constitution Court (Entscheidung des Bundesverfassungsgerichts) BVerfGE 93, 1
- ^ Decision of the German Federal Constitution Court (Entscheidung des Bundesverfassungsgerichts) BVerfGE 108, 282
- ^ The name for this ruling in German is de:Kruzifix-Beschluss
- ^ Decision of the German Federal Constitution Court (Entscheidung des Bundesverfassungsgerichts) BVerfGE 35, 366
- ^ The name for this ruling in German is de:Kopftuchurteil
- ^ Decision of the German Federal Constitution Court (Entscheidung des Bundesverfassungsgerichts) BVerfGE 47, 46--also, see this essay by Lerle as an example of a conservative Christian opposed to sex education as practiced in Germany
- ^ Federal Administrative Court: BVerwGE 94, 82 ff.
- ^ Where homeschooling is illegal
- ^ See Homeschooling international status and statistics for comparisons
- ^ Video on Romeikes
- ^ Homeschool Asylum Bill overview and actual bill
- ^ "Germany". Freedom of Thought Report 2017. International Humanist and Ethical Union. 4 December 2017. Retrieved 10 December 2017.
- ^ German wikipedia article on kreuz.net and archived version of kreuz.net.
- ^ Zeldin, Wendy. "Germany: Regional Court Ruling Criminalizes Circumcision of Young Boys". Library of Congress Law. Library of Congress. Retrieved August 11, 2020.
- ^ a b Connolly, Kate. "Circumcision ruling condemned by Germany's Muslim and Jewish leaders". The Guardian. Guardian News & Media Limited. Retrieved August 15, 2020.
- ^ Evans, Stephen. "German circumcision ban: Is it a parent's right to choose?". BBC News. BBC. Retrieved August 11, 2020.
- ^ Holm Putzke: Die strafrechtliche Relevanz der Beschneidung von Knaben. Zugleich ein Beitrag über die Grenzen der Einwilligung in Fällen der Personensorge. In: Festschrift für Rolf Dietrich Herzberg, Tübingen 2008, p. 669–709 - Translation: Criminal Relevance of Circumcising Boys. A Contribution to the Limitation of Consent in Cases of Care for the Person of the Child, translated by Katharina McLarren.
- ^ Jones, Gareth. "Circumcision ban makes Germany "laughing stock": Merkel". Reuters. Reuters. Retrieved August 11, 2020.
- ^ Scholz, Kay-Alexander. "Circumcision remains legal in Germany". DW. Deutsche Welle. Retrieved August 11, 2020.
- ^ Chambers, Madeline. "Germany passes law to protect circumcision after outcry". Reuters. Reuters. Retrieved August 17, 2020.
- ^ "Eine Kette von Rechtsbeugungen". Nürnberger Ketzerprozesse gegen Kindermordgegner. Kindermordgegner (J. Lerle). 4 July 2003. Retrieved 31 January 2019.
- ^ a b page 7 of Schnabel, Patrick Roger. "About the Relationship of State and Religion" (PDF). 2007 fit-for-gender.org. Retrieved 26 August 2013.
- ^ John L. Allen Jr. (January 29, 1999). "In Europe, 'church taxes' not unusual". National Catholic Reporter. Archived from the original on 2004-10-30. Retrieved 2022-09-23.
- ^ "Public Benefit - IJNL Vol. 3 Iss. 2". Archived from the original on 2016-10-27. Retrieved 2016-03-24.
- ^ In German, the title is de:Bund Freireligiöser Gemeinden Deutschlands
- ^ Zippelius, Reinhold: Staat und Kirche, 2. Auflage, Mohr Siebeck, 2009, ch. 9, 12
- ^ Spiegel Online, August 8, 2008, Länder dürfen für Kirchenaustritt Gebühren kassieren (in German)
- ^ Decision of the Federal Constitutional Court (Entscheidung des Bundesverfassungsgerichts): BVerfG, 1 BvR 3006/07 vom 2.7.2008
- ^ Decision of the Federal Constitutional Court (Entscheidung des Bundesverfassungsgerichts): BVerfG, 1 BvR 3006/07 vom 2.7.2008, para. 40
- ^ Decision of the Federal Constitutional Court (Entscheidung des Bundesverfassungsgerichts): BVerfG, 1 BvR 3006/07 vom 2.7.2008, para. 41
- ^ Internationaler Bund der Konfessionslosen und Atheisten / International league of non-religious and atheists: Fee for leaving church is brought before European Court of Human Rights, press release, December 2, 2008
- ^ painting by Ladislaus Weiss, see German wikipedia article on Weiss
- ^ God and Berlin, The Economist, Mar 26th 2009
- ^ Islam in Berlin
- ^ "StGB - Einzelnorm". Archived from the original on 6 July 2022. Retrieved 11 September 2016.
- ^ "Suspended prison for German who insulted Koran". Expatica. 23 February 2006. Archived from the original on 9 July 2019. Retrieved 2 May 2010.
- ^ Report in the Kölner Stadt-Anzeiger (in German)
- ^ a b "Urteil: Ein Jahr Bewährung für Koran auf Klopapier". Spiegel-Verlag. 23 February 2006. Archived from the original on 7 March 2016. Retrieved 3 March 2016.
- ^ Religious TV advertisements are illegal in Germany – "Power for Living" ads banned by the state media authorities
- ^ Final report of the commission of the Bundestag on the investigation into so-called sects and psycho groups
- ^ The image of man of in German Basic Law is as follows: The image of man is not that of an isolated, sovereign individual; Rather, the Basic Law has judged there to be tension between the individual and community. The sense of the community and relatedness in general place people in bondage, without affecting their intrinsic value. This particular view results from Articles 1, 2, 12, 19 and 20 GG in general as a whole. Because this means that the individual has to accept the limits of his freedom of action, the legislature must serve as a guide. It uses legislation to cultivate and promote social coexistence within the limits social norms. Of course the legislature will provide for the preservation of individual autonomy. (BVerfGE 4, 7, 15 f.)
- ^ Final report of the commission of the Bundestag on the investigation into so-called sects and psycho groups, p. 7
- ^ a b Seiwert, Hubert. "Freedom and control in the unified Germany: governmental approaches to alternative religions since 1989". Sociology of Religion (Fall 2003). Retrieved 2009-12-13.
- ^ "Deutschland wegen langen Verfahrens zu Bhagwan-Bewegung verurteilt". 123recht.net. 2008-11-06. Retrieved 2009-12-13.
- ^ Buyse, Antoine. "Negative Labelling of Osho Movement". ECHR blog. Netherlands Institute of Human Rights (SIM), Utrecht University. Retrieved 2009-12-13.
- ^ a b "Press release issued by the Registrar: Chamber judgments concerning Bulgaria, Germany, Greece, Russia, Switzerland, "the former Yugoslav Republic of Macedonia" and Ukraine". European Court of Human Rights. Retrieved 2009-12-13.
- ^ Jehovah's Witnesses Granted Legal Status in Germany
- ^ Awake!, August 2006
- ^ "Jehovah's Witnesses file complaint against Rhineland-Palatinate". Archived from the original on 2011-03-07. Retrieved 2011-10-26.
- ^ Jehovah's Witnesses now corporate body under public law in Bavaria
- ^ Baden-Württemberg refuses to grant status of corporate body under public law
- ^ No recognition as corporate body under public law
- ^ Jehovah's Witnesses file complaint for broadcasting time, Welt Online, 06.07.2010
- ^ Decision of the German Federal Constitutional Court: [1] BVerfG, 1 BvR 618/93 vom 2.8.2001
- ^ a b bundestag.de: Legal questions concerning religious and worldview communities Archived 2009-03-05 at the Wayback Machine, prepared by the Scientific Services staff of the German Parliament (in German)
- ^ German Embassy, Washington D. C. (2001–06): Understanding the German View of Scientology
- ^ Bonfante, Jordan; van Voorst, Bruce (1997-02-10). "Does Germany Have Something Against These Guys?", Time
- ^ a b Barber, Tony (1997-01-30). "Germany is harassing Scientologists, says US". The Independent. Archived from the original on 2019-04-22. Retrieved 2009-09-11.
- U.S. Department of State. Archived from the originalon 2009-02-26. Retrieved 2009-10-07.
- ^ "2008 Report on International Religious Freedom – Germany". United States Department of State. 2008-09-18. Archived from the original on 2012-10-07. Retrieved 2009-10-03.
- ^ Swastika Funeral Alienates NPD from Militant Neo-Nazis
- ^ "page 98 of Chapter VI, The Saxon and the Prussian Lutherans" (PDF). University of Georgia Division of Publications. 1936. Retrieved 2019-01-30.
- ^ Hans Luckey: Gottfried Wilhelm Lehmann und die Entstehung einer deutschen Freikirche. Kassel o. J. (1939 ?) pages 128ff
- Feldrabbiner
- ^ Johannes Lerle website
- ^ "Germany IHH e.V. ban shameful, illegal, says group leader". Today's Zaman. 14 July 2010.[permanent dead link]
External links
- German Embassy background paper: Church and state in Germany
- German Embassy background paper: Scientology and Germany
- German Embassy background paper: Jews in Germany today
- Final report of the enquete commission on so-called sects and psychogroups (pdf, 448 pages)
- Stephen A. Kent: The French and German versus American Debate Over New Religions, Scientology, and Human Rights Archived 2005-10-25 at the Wayback Machine
- US State department report on religious freedom in Germany 2007
- Gerhard Robbers: Religious Freedom in Germany, Brigham Young University Law Review 2001