Article 4 of the Basic Law of the Federal Republic guarantees freedom of faith, of conscience, and of creed and the undisturbed practice of religion. The Basic Law also allows for conscientious objection to service as an armed combatant in the military.
In practice, the majority of people in Germany are free to practice these rights. In the past few years, the religious freedom of new or small religions has been questioned and the German government has come under international scrutiny for its treatment of certain religious minorities.
Three faiths are definitely favored under German law. The majority of Germans belong to the Lutheran and Catholic churches. These groups, along with the Jewish community, enjoy special government status as corporate bodies under the law. As such, they have the right to participate in a state-administered tax system. Church affiliated schools receive subsidies, and state schools provide religious instruction in the Jewish, Lutheran and Catholic faith.
Numerous other churches and religious groups are active in Germany and, though they do not enjoy the above mentioned government support, many have been granted tax-exempt status.
Several new and small religions have related incidents of discrimination and harassment by the federal and state governments. In particular, the plight of Scientologists in Germany has received international attention. On February 13, 1997, six US Representatives introduced a resolution in the Congress condemning Germany for discrimination against religious minorities. The resolution was introduced as a result of actions by several states in Germany banning performances by Chick Corea, because he is a Scientologist, attempts by government officials and political organizations to organize boycotts against movies starring Tom Cruise or John Travolta, as well as official acts, especially in the state of Bavaria, discriminating against Scientologists.
The 2001 US State Department International Religious Freedom Report on Germany and the US State Department Country Reports on Human Rights Practices: Germany have raised concern about religious discrimination of Scientologists in Germany. In January of 1996, Claudia Nolte, Minister of Family Policy, declared that she would oppose Scientology "with all the means at my disposal." Scientologists are denied membership in all major political parties and have suffered government-sponsored economic and employment discrimination. In June 1997, the German government placed the Church of Scientology under official surveillance.
In some German state governments and church organizations, "sect observers" are employed to "educate" the public and officials on how to recognize members of new and small minority religions presumably for discriminatory purposes. In 1997, the German government established a "Commission on So-Called Psychogroups and Sects" to prepare a report on the dangers that these groups pose to German society.
In June 1998, the commission issued its report. It was much less severe than had been anticipated. Among other things the report recommended using another word other than "cult" or "sect" to describe new religions. The report also found that new religious movements did not threaten democracy, economic institutions, or the rule of law in Germany. It did not publish any list of dangerous organizations. On the other hand, the report did recommend putting Scientology under government surveillance.
Many minority religions are threatened by the current anti-sect phenomenon in Germany. The Christliche Gemeinde Köln (CGK), a large charismatic church, had their tax exempt status revoked in 1995. Pastor Terry Jones has reported that he and his church have been subjected to vandalism, threats of violence, public harassment and scrutiny by sect commissioners.
The Unification Church has also been singled out by the German government
for discriminatory treatment. The founders of the church, Rev. and Mrs.
Moon, have been listed as undesirable persons under the Schengen Treaty
and banned from entering the country. Under the terms of this treaty, this
ban extends to several other countries including Austria, Belgium, France,
Luxembourg, Portugal and Spain. The Unification Church filed suit to have Rev.
Moon's name removed from the Schengen list. The government maintained that the
Church had no standing because it was a "psycho-group" and not a
legitimate religion. The court, however, ruled that the Unification Church has
standing. The government appealed to the Federal Administrative Court, which
declared that "the Unification Church is to be regarded as a religious
association and is therefore entitled to the fundamental right of religious
freedom. The interest of the
As noted in by Dan
Fefferman in his White Paper, The Schengen
Treaty and the Case of Rev. and Mrs. Sun Myung Moon, "The case was returned to the lower court
for a decision on the merits. That court ordered the Interior Ministry to
decide whether it intended to renew the ban against the Moons and if so, to
give its current reasons by late November 2001. The Interior Ministry asked for
and received an extension of this order until
The US government has lodged an official petition (demarche) with the German ministry of the Interior, urging them to allow the Schengen ban to lapse.
In addition to banning entry to Rev. and Mrs. Moon under the Schengen treaty, the Unification Church has been denied tax exempt status and declared to be a "danger to the public good." In the past, the government published 200,000 copies of a booklet attacking the Unification Church. Public school teachers teach children that the Unification Church is a "dangerous cult." A German court later prohibited the government from further distribution of the booklet after several of its claims were shown to be false and defamatory. The government also denied accreditation to a nursery school affiliated with the church and government officials have intervened to prevent Unification Church members from renting space to hold meetings.
Germany’s aggressive harassment and discrimination against new and small religions has drawn international concern. In addition to the resolution introduced in the US House of Representatives and the State Department Reports, several MP’s in the British Parliament formed an ad hoc committee to study religious discrimination against minorities in Germany and issued a critical report.
The UN Special Rapporteur on Religious Intolerance, Dr. Amore, studied the situation in Germany and, in early 1998, issued a report critical of the climate of intolerance. He stated that smaller religions should not be censored by government and encouraged dialogue between minority religions and majority religious faiths. He also advised that tax and other laws be applied neutrally and that the government encourage tolerance for persons of religious faiths not within the main stream. In addition, he recommended that the media undergo training in tolerance.
2003 US State Department International Religious Freedom Report on Germany
Germany--Christian
Persecution in Germany
International Christian Concern
WESTERN EUROPE: Headscarves, religion & the state: the reality of European commitment to human rights for all WorldWide Religious News 3/17/04
The Schengen
Treaty and the Case of Rev. and Mrs. Sun Myung Moon
ICRF White Paper by Dan Fefferman
Entry Ban for Mr.
and Mrs. Moon
Press Release by Federal Administrative Court of Germany
Unification
Church of Germany vs. the Federal Republic of Germany
Judgment of the Higher Administrative Court Rhineland-Palatinate
German state outlaws Muslim headscarves WorldWide Religious News 4/01/04
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