Legal Framework

The constitution provides for freedom of conscience, thought, and religion, including the freedom to practice one’s religion. It forbids infringement on an individual’s freedom to choose or change one’s religion and prohibits discrimination based on belief. Parliament may limit religious practices in the interest of defense, public safety, health, public order, or for the protection of the rights and freedoms of others; there were no such actions reported during the year. The constitution refers to “an abiding respect for Christian values” in its preamble; however, there is no state-established religious body or official religion.

The practice of Obeah, an Afro-Caribbean belief system with some similarities to Voodoo, is illegal. Those caught practicing it or attempting to intimidate, steal, inflict disease, or restore a person’s health through the practice of Obeah may face a sentence of three months in prison. According to Royal Bahamas Police Force officials, this law is inconsistently enforced. The publication and sale of any book, writing, or representation deemed blasphemous is punishable by up to two years in prison; however, opinions on religious issues “expressed in good faith and in decent language” are not subject to prosecution under the law. This law is traditionally unenforced.

The law does not require religious groups to register, but they must legally incorporate to purchase land. There are no legal provisions to encourage or discourage the formation of religious communities, which have the same taxation requirements as profitmaking companies if they incorporate. To incorporate, religious groups follow the regulations applicable to nonprofit entities, requiring the “undertaking” of the religious organization to be “without pecuniary gain” and to maintain a building for gathering. In accordance with value-added tax (VAT) legislation, religious organizations seeking VAT exemptions must register with the Ministry of Financial Services, Trade and Industry, and Immigration and apply on a case-by-case basis for exemptions.

The law prohibits marijuana use, including for religious rituals.

Religion is a recognized academic subject at government schools and is included in mandatory standardized achievement and certificate tests. Religion classes in government-supported schools focus on the study of Christian philosophy, Biblical texts, and, to a lesser extent, comparative and non-Christian religions. Religious groups may establish private schools. The constitution states no one shall be compelled to participate in religious instruction or observances of a religion other than his or her own. It allows students, or their guardians in the case of minors, to decline to participate in religious education and observance in private schools. Vaccinations are required to attend school. Home schooling is permitted and is regulated by the Ministry of Education.

The country is a party to the International Covenant on Civil and Political Rights.

Government Practices

A preliminary report by the Bahamas National Commission on Marijuana, leaked to media in December, included a recommendation to grant Rastafarians the right to use marijuana for religious purposes. A representative from the Rastafarian community participated in the commission. Prime Minister Hubert Minnis, whose party had a strong legislative majority, was an outspoken advocate of reforming marijuana laws. Parliament took no legal action on the recommendation by year’s end.

During the year, Rastafarians said police continued to arrest them for possessing small quantities of marijuana used in ceremonial rituals and said prison authorities cut the dreadlocks of Rastafarian prisoners. In June a group of Rastafarians, citing articles of the constitution that provide for freedom of religion and freedom from discrimination, filed a writ in the Supreme Court seeking damages from – and the expungement from their records of – marijuana-related convictions.

In what observers termed was an effort to engage religious communities, whose members frequently commented on government social and economic policies, the government met regularly with the BCC to discuss societal, political, and economic issues. Additionally, the government engaged with the Muslim community to develop opportunities for non-Muslim students to learn about Islam by having students visit the Jamaa Ahlus mosque to speak with local Muslim leaders. A leader of the Jewish community praised the government for its general openness and solidarity, citing as an example the government’s support in allowing a nine-foot menorah to be displayed in downtown Nassau during Hanukkah.

The government continued to include Christian prayer in all significant official events. It was common for government officials and members of parliament to quote religious teachings during speeches, and senior government officials in their official capacities occasionally addressed assemblies during formal religious services.

Legal Framework

The constitution prohibits discrimination based on religious opinion and provides for freedom of faith and conscience, freedom to profess a religious or philosophical creed, and freedom to practice one’s religion. It also prohibits an official state church. It stipulates no one shall be required to disclose his or her religious convictions, nor be compelled to participate in religious acts. The constitution states religious instruction shall be part of the curriculum in public schools, and parents have the right to decide whether their children receive religious instruction. It recognizes the right to establish private denominational schools. The constitution guarantees the freedom to form religious societies and permits groups to organize themselves for private religious purposes without constraint. It allows registered religious groups with Public Law Corporation (PLC) status to receive public subsidies from the states and to provide religious services in the military, at hospitals, and in prisons.

The federal criminal code prohibits calling for violence, inciting hatred or taking arbitrary measures against religious groups or their members. Violations are punishable by up to five years in prison. It also prohibits “assaulting the human dignity of religious groups or their members by insulting, maliciously maligning, or defaming them,” specifying a maximum penalty of five years in prison, although prison sentences are rare. The prohibition and penalties apply equally to online speech. The federal criminal code prohibits disturbing religious services or acts of worship, with violators subject to a fine or imprisonment for up to three years. The law bans Nazi propaganda, Holocaust denial, and fomenting racial hatred, specifying a penalty of up to five years’ imprisonment.

By law, social media companies with more than two million registered users in the country must implement procedures to review complaints and remove or block access to illegal speech within seven days of receiving a complaint and within 24 hours for cases considered “manifestly unlawful.” Noncompliance may result in fines of up to 50 million euros ($56.2 million). Unlawful content includes actions illegal under existing criminal code, such as defamation of religions and denial of historic atrocities.

The law permits the federal government to characterize “nontraditional” religious groups – such as the Church of Scientology – as “sects,” “youth religions,” and “youth sects,” and allows the government to provide “accurate information” or warnings about them to the public. The law does not permit the government to use terms, such as “destructive,” “pseudo-religious,” or “manipulative” when referring to these groups. Several court decisions have ruled the government must remain neutral toward a religion and may provide a warning to the public only if an “offer” by a religious group would endanger the basic rights of an individual or place the individual in a state of physical or financial dependence.

Religious groups wishing to qualify as nonprofit associations with tax-exempt status must register. State-level authorities review registration submissions and routinely grant tax-exempt status; if challenged, their decisions are subject to judicial review. Those applying for tax-exempt status must provide evidence they are a religious group through their statutes, history, and activities.

A special partnership exists between the states and religious groups with PLC status, as outlined in the constitution. Any religious group may request PLC status, which, if granted, entitles the group to levy tithes (8 percent of income tax in Bavaria and Baden-Wuerttemberg, 9 percent in the other states) on members, who must register their religious affiliation with federal tax authorities. Each state collects the tithes on behalf of the religious community through the state’s tax collection process, separately from and in addition to income taxes. PLCs pay fees to the government for the tithing service, but not all groups with PLC status utilize the service. PLC status also allows for benefits, including tax exemptions (larger than those given to groups with nonprofit status), representation on supervisory boards of public television and radio stations, and the right to special labor regulations. State governments subsidize institutions with PLC status, which provide public services, such as religious schools and hospitals. Additionally, due to historic “state-church contracts” dating back to pre-1919 Germany, all state governments except for Bremen and Hamburg subsidize the Catholic Church and the EKD with different yearly amounts.

According to the constitution, the decision to grant PLC status is made at the state level. Individual states base PLC status decisions on a number of varying qualifications, including an assurance of the group’s permanence, size, and respect for the constitutional order and fundamental rights of individuals. An estimated 180 religious groups have PLC status, including Catholics, the EKD, Baha’is, Baptists, Christian Scientists, Jehovah’s Witnesses, Jews, Mennonites, Methodists, the Church of Jesus Christ, the Salvation Army, and Seventh-day Adventists. Ahmadi Muslim groups have PLC status in the states of Hesse and Hamburg; no other Muslim communities have PLC status. The COS does not have PLC or nonprofit status in any state.

Federal animal protection laws prohibit the killing of animals without anesthesia, including as part of halal and kosher slaughter practices. Pursuant to a Federal Administrative Court decision, however, trained personnel may kill animals without anesthesia in a registered slaughterhouse under observation of the local veterinary inspection office if the meat is for consumption only by members of religious communities whose beliefs require slaughtering animals without anesthesia.

According to a ruling by the Federal Constitutional Court, general headscarf bans for teachers at public schools are a violation of religious freedom, but implementation is left to the states, which may determine if special circumstances apply. Bavaria, North-Rhine Westphalia (NRW), and Saarland States render decisions on a case-by-case basis. Schleswig-Holstein, Hamburg, Bremen, and Lower Saxony do not prohibit headscarves for teachers. Hesse permits teachers to wear headscarves as long as doing so does not impair “school peace” or threaten perceptions of state neutrality. A law in Berlin bans visible signs of religious affiliation for police, lawyers, judges, law enforcement staff, and primary and secondary public school teachers. The Berlin law permits teachers at some categories of institutions, such as vocational schools, to wear headscarves. Other states have laws that restrict religious attire in certain circumstances.

Citing safety reasons and the need for traffic law enforcement, federal law prohibits the concealment of faces while driving, including by a niqab. Infractions are punishable by a 60 euro ($67) fine.

According to federal law, religious groups may appoint individuals with special training to carry out circumcision of males under the age of six months. After six months, the law states circumcisions must be performed in a “medically professional manner” and without unnecessary pain.

All states offer religious instruction and ethics courses in public schools. Religious communities with PLC status (or those without such status that have concluded a special agreement with the state granting them this right) appoint religion teachers and work with the states to ensure the curriculum is in line with the constitution; the states pay the teachers’ salaries. Most public schools offer the option of Protestant and Catholic religious instruction in cooperation with those Churches, as well as instruction in Judaism if enough students (usually 12, although regulations vary by state) express an interest. Bavaria, Baden-Wuerttemberg, Berlin, Hesse, Lower Saxony, NRW, Rhineland-Palatinate, Saarland, and Schleswig-Holstein States also offer some religious instruction in Islam. In most of the federal states, Muslim communities or associations provide this instruction, while in Bavaria and Schleswig-Holstein, the state does. In March the Bavarian cabinet decided to expand its program, which at the time reached 16,500 pupils at 350 schools. In Hamburg and Bremen, nondenominational religious instruction is offered for all students by the Protestant Church and the state, respectively.

Students who do not wish to participate in religious instruction may opt out; in some states, those who opt out may substitute ethics courses. State authorities generally permit religious groups to establish private schools as long as they meet basic curriculum requirements. Schooling is constitutionally mandated, and homeschooling, including for religious reasons, is prohibited in all states.

The government provides annual payments to Holocaust victims and their descendants, and regularly expands the scope of these programs to broaden the eligibility requirements.

Government Practices

In February Federal Commissioner for Jewish Life in Germany and the Fight Against Anti-Semitism Felix Klein launched a nationwide online platform for reporting anti-Semitic incidents, including those that do not rise to the level of a crime. The Research and Information Center for Anti-Semitism (RIAS), a nonprofit organization that receives some federal and state funding and that had already been managing a similar service in Berlin, is responsible for running the program.

In September, in response to several anti-Semitic attacks in Berlin, Klein called for harsher penalties for such attacks. He also recommended additional training for police and prosecutors to help them recognize and appropriately deal with anti-Semitic incidents. Klein criticized the police procedure of automatically classifying anti-Semitic incidents in which the perpetrator is unknown as right-wing extremism, a practice that resulted in 89 percent of anti-Semitic incidents being classified as right-wing. Klein said the country’s Jewish community experienced more open hostility from Muslims than from right-wing extremists.

In July the federal Interior Ministry announced the creation of a new advisory committee to combat anti-Semitism. The eight-member committee has the mandate to support Klein’s work by formulating strategies to identify fields of action against anti-Semitism and to increase the visibility of Jewish life in the country.

During the year, Berlin, Brandenburg, Thuringia, Saarland, Saxony, Mecklenburg-Western Pomerania, and Lower Saxony States established state-level anti-Semitism commissioners, bringing the total number of states with such commissioners to 13 (out of 16). The responsibilities and functions of the position vary by state but generally include developing contacts with the Jewish community, collecting statistics on anti-Semitic incidents, and designing education and prevention programs. Klein urged all states to establish anti-Semitism commissioners because the distribution of powers in the country’s federal system provides the states with greater authority to combat anti-Semitism.

All 16 state interior ministers and Federal Interior Minister Horst Seehofer presented a new plan in October to combat anti-Semitism and right-wing extremism that included a stricter weapons law, an obligation to report hate speech online, increased protection for Jewish institutions, fast-tracking anti-Semitism cases, and hundreds of new personnel positions for the federal criminal police (BKA) and the federal Office for the Protection of the Constitution (OPC – domestic intelligence agency) for such cases. Seehofer had previously advocated similar measures without success, but the attack in Halle provided new urgency and led to additional support for his plan.

On November 29 the Bundesrat (upper house of parliament) approved a motion to amend a section in the country’s penal code that includes anti-Semitism in the list of aggravating criteria, along with “racist, xenophobic, and inhumane motives,” for judges to consider in determining the severity of sentences. The previous day, Federal Justice Minister Christine Lambrecht separately said she would support such legislation. At year’s end, the Bundestag had not yet voted on the proposed change.

In May the federal parliament passed a nonbinding resolution designating the Boycott, Divestment, and Sanctions (BDS) movement against Israel as anti-Semitic. The resolution stated the government would not fund organizations that question Israel’s right to exist or actively support BDS. This resolution replaced the parliament’s January 2018 resolution to “counter” BDS.

In January Schleswig-Holstein established a new, independent “Statewide Office for Information on and Documentation of Anti-Semitism.” In March the Hesse Ministry of Education began a statewide anti-Semitism prevention project to organize workshops and training events for students and teachers. In April the Bavarian anti-Semitism commissioner established a registration office for anti-Semitic incidents, modeled after RIAS Berlin, and in November the Baden-Wuerttemberg anti-Semitism commissioner did the same.

In July Duesseldorf appointed a commissioner as part of a comprehensive plan to fight anti-Semitism, and the public prosecutor’s offices in Karlsruhe and Stuttgart added anti-Semitism officers. In July the Baden-Wuerttemberg State anti-Semitism commissioner published his first report to the state parliament, which warned of conspiracy theories targeting Jews, and detailed 87 anti-Semitic offenses in the first nine months of 2018, a 38 percent increase compared with 2017. In July the NRW State anti-Semitism commissioner presented a plan to establish a reporting office for anti-Semitic attacks. She also called for new educational programs to combat anti-Semitic attitudes and stereotypes.

According to the first annual report by Berlin Anti-Semitism Commissioner Claudia Vanoni, law enforcement authorities there initiated 386 proceedings with an anti-Semitic background during the year, 156 involving online cases. At year’s end, 169 of the overall cases were terminated because the perpetrators could not be identified, and 27 were concluded – most of which resulted in fines. Investigations in 49 cases were ongoing at the end of the year.

In May federal anti-Semitism commissioner Klein said – in response to what he stated was the rising number of anti-Semitic incidents in the county – he could “no longer recommend Jews wear a kippah at every time and place in Germany.” Many Jewish leaders in the community were supportive of Klein, but prominent politicians and national media responded negatively. Foreign Minister Heiko Maas said, “No one should ever have to hide their Jewish faith again – not in Germany nor anywhere else,” while government spokesperson Stefan Seibert said, “The state has to ensure the free exercise of religion is possible for everyone, and thus it’s the job of the state to ensure that anyone can move around securely with a kippah in any place in our country.” Klein then called on individuals everywhere in the country to wear a kippah in solidarity with Jews on June 1 during the annual anti-Israel al-Quds demonstration in Berlin.

The Alternative for Germany (AfD) party in the NRW State Parliament introduced a resolution in April 2018 to deny PLC status to the Ahmadiyya Muslim Jamaat community, which it asserted was working “towards the establishment of a theocratic order of rule.” Following a January hearing, all other parties in the state parliament rejected the motion in May, stating that only the State Chancellery had the authority to grant or reject PLC status. At the end of the year, the State Chancellery had yet to make a decision on the Ahmadiyya application, which was submitted in early 2018.

In April Rhineland-Palatinate signed a state agreement with the Muslim Alevite community outlining conditions for Alevi holidays and religious instruction in schools. Four Rhineland-Palatinate elementary schools offered Alevi religious instruction.

In June the Federal Labor Court ruled a physician employed in a Catholic hospital in Duesseldorf should not have been fired in 2009. He was dismissed because the hospital stated his remarriage without an annulment of a previous marriage was a violation of canon law. The press spokesman of the Archdiocese of Cologne said the country’s Catholic Church liberalized its labor law in 2015, and the dismissal would likely not take place today.

According to reports from the federal OPC and Scientology members, the federal and state OPCs in Baden-Wuerttemberg, Bavaria, Berlin, Bremen, Hamburg, Lower Saxony, NRW, and Thuringia continued to monitor the activities of the COS, reportedly by evaluating Scientology publications and members’ public activities to determine whether they violated the constitution. At least four major political parties – the Christian Democratic Union (CDU), Christian Social Union (CSU), Social Democratic Party (SPD), and Free Democratic Party (FDP) – continued to exclude Scientologists from party membership. “Sect filters,” signed statements by potential employees to confirm they had no contact with the COS, remained in use in the public and private sectors. The COS said the government also discriminated against firms owned or operated by its members.

In July the UN special rapporteurs on minority issues and freedom of religion or belief wrote the government to ask for its response to allegations of “continued use of discriminatory (sect filters) against Scientologists in government grants and employment.” In its response in September, the government cited a 1995 ruling by the Federal Labor Court that stated the COS did not qualify as a religious community under German law, COS goals were geared toward commercial activities, and the COS had “aspirations opposing the free democratic constitutional system,” making it ineligible for government grants and contracts. According to the government, the COS therefore was not eligible for religious protections and use of the sect filters was not a violation of human rights. Also in September, the COS asked the Organization for Security and Cooperation in Europe to “investigate” the practice of sect filters in the country and to “assist in promoting a real dialogue” between the COS and the government on the issue.

In May, responding to a parliamentary inquiry, the NRW State OPC disclosed it was monitoring 109 mosques for extremist activities. Based on the monitoring, authorities identified 156 individuals as “relevant persons” and 260 as “potentially dangerous.” Of these, 127 of the “relevant” and 110 of the “potentially dangerous” were considered capable of action because they were present in the country and not in detention.

Federal and state OPCs continued to monitor numerous Muslim groups, including the terrorist groups ISIS, Hezbollah, and Hamas, as well as groups such as Turkish Hezbollah (TH), Hizb ut-Tahrir, Tablighi Jama’at, Millatu Ibrahim, the Islamic Center Hamburg (IZH), the Muslim Brotherhood, Milli Gorus, and various Salafist movements. The director of NRW’s OPC stated in June that the Muslim Brotherhood was recruiting members among the refugee community and represented a “greater threat to democracy” than the Salafists.

Groups under OPC observation continued to say the OPC scrutiny implied they were extremist, and it constrained their ability to apply for publicly funded projects.

At a May 14 conference, entitled “European Network: Combating Anti-Semitism through Education,” hosted by the Ministry of Foreign Affairs, Foreign Minister Heiko Maas stated Germany would prioritize the fight against anti-Semitism when it assumes the rotating presidency of the Council of the European Union in 2020.

In June unknown perpetrators desecrated 50 copies of the Quran at Bremen’s Rama Mosque by throwing them into toilets. Bremen Mayor Carsten Sieling said the Bremen Senate was “thoroughly appalled” by the “disgusting crime,” and the Senate stood firmly with Bremen’s Muslim citizens. Local politicians attended Islamic Friday prayers to show their solidarity.

In September the Higher Administrative Court agreed to hear the city of Oer-Erkenschwick’s appeal of the 2018 decision by an Administrative Court in NRW State banning a local mosque’s outdoor amplification of the call to prayer. The case was still pending at the end of the year.

In March the Bavarian Constitutional Court upheld the state’s ban on judges and prosecutors wearing headscarves, kippahs, or crosses but found the display of crosses in courtrooms to be acceptable.

In June the Rhineland-Palatinate Superior Administrative Court overturned the city of Koblenz’s ban on burkinis, an all-encompassing swimsuit worn by some Muslim women. The court ruled the ban violated the constitution’s call for equal treatment of all persons. In July the Federal Administrative Court ruled Sikhs were not exempt from the requirement to wear a helmet while riding a motorcycle, even though helmets do not fit over their turbans.

In October the Higher Administration Court in Muenster denied state compensation to two headscarf-wearing Muslim teachers who claimed professional disadvantages because of their religious beliefs. The court determined it could not be demonstrated that the state refused to offer them employment due to religious reasons.

In March the EKD-sponsored charity Diakonie appealed to the Federal Constitutional Court to reverse a 2018 ruling by the Federal Labor Court that prevented Diakonie from denying employment to a social worker because she was not a member of a Christian church. The case was pending at the end of the year.

In January the European Court of Human Rights (ECHR) ruled German authorities at the local level did not violate a Christian family’s human rights when they placed the family’s children in foster care for three weeks in 2013. The family from Darmstadt had argued German authorities were in breach of Article 8 of the European Convention on Human Rights when they refused to allow them to homeschool their four children through a Christian distance-learning program. The ECHR ruled authorities were justified in removing the children from their home, and it was reasonable to assume the parents were endangering their children by not sending them to school because the children were isolated and had no contact with anyone outside the family.

In May Federal Minister for Migration, Refugees, and Integration Annette Widmann-Mauz called on the government to examine whether it could legally institute a ban on headscarves for children in schools. The president of the German Teachers’ Association supported a headscarf ban, calling them “hostile to integration.”

In January the state government of Baden-Wuerttemberg established a Sunni Muslim educational foundation to serve as a mediator between the state and various Islamic associations. This action followed the 2018 announcement that the Baden-Wuerttemberg State government planned to reorganize Islamic religious education in public schools. Two of the larger Muslim organizations – the Turkish-Islamic Union DITIB (connected to the Turkish government’s religious affairs ministry) and the Islamic Religious Community Baden-Wuerttemberg – refused to participate, saying they considered the arrangement unconstitutional.

In September an administrative court in Hesse State ruled state-run Islamic studies lessons in schools would be constitutional under national law. The case was in response to the state’s decision to phase out cooperation with DITIB because of its ties to the Turkish government and move to a purely state-run program.

Officials in Hesse continued to investigate a possible neo-Nazi network in Frankfurt’s police force, first discovered in December 2018. At year’s end, six police officers had been dismissed from duty as a result of the scandal. Overall, 38 officers were under investigation.

In September the Saarland State Education Ministry announced it would extend its cooperation with several Islamic associations that provide Islamic religious education in four public schools through at least 2023. The ministry also announced plans to expand the program to additional schools.

In February the Rhineland-Palatinate State youth welfare office revoked the operating license of the Al-Nur Kindergarten in Mainz – the state’s only Muslim day care center – due to its alleged promotion of Salafism and connections with extremist groups, citing the Muslim Brotherhood as an example. Al-Nur was told to cease operations by March 31, and that the city of Mainz would stop funding the facility. The Mainz Administrative Court upheld the decision, as did the Koblenz Higher Administrative Court on appeal.

In May Berlin Humboldt University, a public university, announced the initial cohort of students at its institute for Islamic theology would not be eligible to become religion teachers because the lack of Islamic religion classes at Berlin’s middle and high schools would prevent them from completing the internship required to become a teacher. These students, however, still could become imams or work in other religious capacities. The Islamic theology institute was established in the fall of 2018 to train future imams and religion teachers.

In April experts estimated NRW lacked more than 2,000 teachers for Islamic religious education. Only two universities in NRW offered courses to obtain the required teaching permit, and just 251 teachers in NRW had such a permit. There are more than 400,000 Muslim students in NRW, but only approximately 20,000 of them have received Islamic religious education.

In July the NRW state government opened a coordination office for Muslim engagement to reorganize its relations with a broad range of Muslim organizations and civil society groups. DITIB was included among the organizations, even though NRW previously ceased all cooperation with DITIB, stating it would reinstate relations only if DITIB took steps to reduce the Turkish government’s influence over its activities. At the end of the year, the state government had yet to resume any further cooperation with DITIB beyond the new coordination office.

In July the Conference on Jewish Material Claims against Germany (also known as the Jewish Claims Conference) and the government announced an increase of 44 million euros ($49.4 million) in government funding for social welfare services for Holocaust survivors, raising the yearly contribution from 480 million euros ($539.3 million) in 2019 to 524 million euros ($588.8 million) in 2020. For the first time, pension payments will be extended to Holocaust survivors’ widowed spouses, and these payments are to be applied retroactively.

The government continued to subsidize some Jewish groups. Based on an agreement between the federal government and the Central Council of Jews in Germany, the federal government contributed 13 million euros ($14.6 million) to help maintain Jewish cultural heritage and support integration and social work. In addition, the federal government provided financial support to the Institute for Jewish Studies in Heidelberg, the Rabbi Seminar at the University of Potsdam, and the Leo Baeck Institute, an international group researching the history and culture of German Jewry.

State governments continued to provide funds to Jewish communities and organizations in various amounts for such purposes as the renovation and construction of synagogues. The federal government continued to cover 50 percent of maintenance costs for Jewish cemeteries. State and local police units continued to provide security for synagogues and other Jewish institutions

According to the Humanistic Union, an independent civil liberties organization, total state government contributions during the year to the Catholic Church and the EKD totaled approximately 548.7 million euros ($616.5 million). The union said it calculated its estimate based on budgets of the 16 states.

In May the Wuppertal Regional Court fined seven men from 300 to 1,800 euros ($340-$2000) each for wearing yellow vests marked “Sharia Police” and patrolling the streets in 2014 to counter “non-Muslim” behavior. They were charged with wearing uniforms as expressions of a common political opinion. A regional court acquitted the men in 2016, but the Federal Constitutional Court reversed the acquittal in 2018. The defendants appealed to the Constitutional Court in June, and the case was pending at the end of the year.

In April media reported on a police cadet in NRW State who was fired because of his close contacts with Salafists and his extremist views. The police headquarters in Bielefeld refused to offer the Muslim man tenure as a police detective at the end of his three-year training.

The government continued the German Islam Conference dialogue with Muslims in the country, which began in 2006. The dialogue’s aim was to improve the religious and social participation of the Muslim population, give greater recognition to Muslims’ contributions to society, and – in the absence of a central organization representing all Muslims in the country – further develop partnerships between the government and Muslim organizations.

The states of Rhineland-Palatinate and Baden-Wuerttemberg held conferences for law enforcement officials in August and September, respectively, to discuss methods to better prevent and police anti-Semitism. The events were largely aimed at awareness-raising. In both states, more than 150 members of the security services, state and local governments, and the Jewish community gathered for the events.

In August media reported local authorities would not allow a Brazilian Pentecostal congregation to purchase the former Protestant church building it had been renting in Berlin since 2016 as the headquarters for the denomination’s branches in Germany and Austria. District Mayor Stephan von Dassel vowed to continue blocking the sale to the Universal Church of the Kingdom of God (UCKG), whose message he described as “People should donate a lot of money to the church, then their problems will just go away.” Von Dassel was also quoted in the media, stating, “The UCKG enriches neither our neighborhood nor its surroundings.” The most recent deed of sale specified the church could be resold only with the approval of city administrators.

In September the city of Dortmund and the national jury for the award rescinded the awarding of the Nelly Sachs Prize, one of the country’s most renowned literary prizes, to author Kamila Shamsie due to her membership in the BDS movement. Also in September, the Aachen Art Association announced it would rescind the prize it awarded to artist Walid Raad due to his support for the BDS movement, but it reversed that decision in October after determining he had not engaged in any anti-Semitic behavior. The mayor of Aachen responded to the reversal by withdrawing the city from the award ceremony and criticized Raad’s involvement in a “cultural boycott of Israel.”

The country is a member of the International Holocaust Remembrance Alliance.

Legal Framework

The constitution guarantees the free profession and practice of religion, subject to public order and morality. The constitution references “the Most Holy Trinity” and “our divine Lord, Jesus Christ,” and stipulates the state shall hold the name of God in reverence and honor and respect religion. The constitution requires the president, judges, and members of the council of state to swear a religious oath, which begins with a reference to “Almighty God.” It prohibits discrimination on the grounds of religion or belief and guarantees not to endow any religion.

The constitution stipulates every religious denomination has the right to manage its own affairs, own and acquire property, and maintain institutions for religious or charitable purposes. It prohibits the diversion of property of any religious denomination except for necessary works of public utility and upon payment of compensation. The constitution states legislation providing for government aid to schools shall not discriminate among schools under the management of different religious denominations nor affect the right of a child to attend any school receiving public money without attending religious instruction at that school.

The constitution was amended in November 2018 to remove blasphemy as an offense following an October 2018 referendum approving the change. On December 21, President Higgins signed legislation entering into force on January 17, 2020 to revoke the law making blasphemy a crime. The constitution had been amended in November 2018 to remove blasphemy as an offense following an October 2018 referendum. Until its repeal, the law defined blasphemy as uttering or publishing language “grossly abusive or insulting in relation to matters held sacred by any religion,” when the intent and result are “outrage among a substantial number of the adherents of that religion.” Violations were punishable by a fine of up to 25,000 euros ($28,100), but the government had last prosecuted blasphemy in 1855.

The law forbids incitement to hatred based on religion, among other categories, and carries a maximum penalty of up to two years’ imprisonment and a maximum fine of 25,400 euros ($28,500). The law does not address or define hate crimes other than incitement.

There is no legal requirement for religious groups to register with the government, nor is there any formal mechanism for government recognition of a religious group. Religious groups may apply to the Office of the Revenue Commissioners (the tax authority) as a charity to receive tax exemptions, and the groups must operate exclusively for charitable purposes, which under the law may include “the advancement of religion.” The law requires all charitable organizations carrying out activities in the country to register with and provide certain information relating to their organization to the Charities Regulator, a government-appointed independent authority. The regulator maintains a public register of charitable organizations and ensures their compliance with the law. Organizations must apply their income and property solely toward the promotion of their main charitable object, as set out in their governing instruments (such as constitution, memorandum and articles of association, deed of trust, or rules).

Under the law, individual medical professionals are able to opt out of participating in certain legal procedures, such as abortion, on conscience grounds; however, institutions may not refuse to perform such procedures.

Under the constitution, the Department of Education and Skills provides funding to privately owned and managed primary schools – most of which are affiliated with religious groups, particularly the Catholic Church – referred to as national or just primary schools. Most children receive their elementary-level education at these privately-owned schools. The government pays most of the building and administrative costs, teachers’ salaries, and a set amount per pupil.

Ninety percent of all national schools are Catholic, 6 percent Church of Ireland, 2 percent multidenominational, 1 percent other religious groups, and 1 percent not religiously affiliated. Patrons, who are usually members of the religious groups and affiliated with religious organizations with which the school is associated, manage the schools themselves or appoint a board of management to do so. Patrons often provide land for schools and contribute to building and administrative costs.

According to legislation enacted in 2018 that became effective with the 2019-2020 school year, Catholic national schools are no longer allowed to discriminate on religious grounds when making admissions decisions. National schools under the patronage of other religious groups may continue to discriminate in admissions on religious grounds in order to preserve, according to the law, their distinct religious identities, but only in schools which are oversubscribed. The law prohibits discrimination in admissions based on religious beliefs in secondary schools.

In funding schools, the constitution stipulates the state shall have due regard “for the rights of parents, especially in the matter of religious and moral formation.” The government permits, but does not require, religious instruction, faith-based classes, or general religion classes in national schools. Although religious instruction is part of the curriculum of most schools, parents may exempt their children from such instruction. Religious schools teach about their religion, while multidenominational schools generally teach about religion in a broader context. Students may opt out and sit in a classroom where religious instruction is not being conducted. The Catholic Church certifies teachers of religion classes in Catholic schools.

Approximately half of secondary schools are religiously affiliated. The government funds religiously affiliated secondary schools.

Vocational schools are state run and nonreligious.

The WRC hears cases of reported workplace discrimination, including claims based on religion. The WRC may refer cases for mediation, investigate these cases, or decide the case itself. If the adjudication officer finds there has been discrimination, he or she can order compensation for the effects of discrimination and/or corrective action. Litigants may appeal WRC decisions in the courts.

The Irish Human Rights and Equality Commission (IHREC) is an independent public body accountable to parliament, whose stated purpose is to protect and promote human rights and equality and to build a culture of respect for human rights, including religious freedom. The commission works at the policy level to review the effectiveness of human rights and equality law, as well as public policy and practice. It also works with communities, including religious and other civil society groups to monitor and report on the public’s experience of human rights, religious freedom, and equality.

The country is a party to the International Covenant on Civil and Political Rights.

Government Practices

In April the police announced Commissioner Drew Harris had decided the force would allow Sikh members to wear turbans and Muslim women members to wear the hijab while on the job. The Muslim Sisters of Eire said they wished to “acknowledge and celebrate the decision” and the Immigrant Council of Ireland tweeted it was “encouraging news.” The police representative association called it “a useful measure.”

Atheist Ireland, the main secularist advocacy group in the country, said Catholic charities engaged in political activities, but government authorities overlooked their actions.

School patrons, generally affiliated with religious denominations, continued to define the ethos of schools and to determine the development and implementation of the religious education curriculum in primary schools. Curricula varied by school and could include teaching about the patron’s religion, the religious history of the country, or an overview of world religions. Atheist Ireland criticized the government for primarily delivering moral formation through religion and not offering students moral education outside of religion classes.

Atheist Ireland and the media reported incidents of school authorities giving preferential treatment, such as homework exemptions, to students in national Catholic schools that engaged in activities such as singing in religious choirs or preforming altar services in church. According to media reports, in September the Yellow Furze National School (Catholic) in County Meath had a policy of allowing children who attended religious ceremonies to skip their homework. School authorities said they were “rewarding positive behavior” by issuing church-going children a “homework pass.” The school said students were still free to opt out of religious events but would not be “rewarded” for it.

In September The Irish Times newspaper reported Atheist Ireland said it was aware of dozens of cases where school authorities told parents religion was a core subject from which their children could not opt out. According to the article, one mother had twice requested in writing that a school exempt her child from religion classes. The woman said school officials told her verbally that religion was compulsory and the child could leave the premises during religion classes or go to another school.

The government continued to encourage patrons to open more schools with nonreligious or multidenominational patronage. Seventeen new multidenominational national schools opened during the year as part of the government’s plan, announced in 2018, to encourage the establishment of 42 nonreligious or multidenominational national schools in 2019-22. The Department of Education and Skills said it would poll parents for their preferences among a list of potential patrons in regions where the department perceived a need for new schools, and encourage the preferred patrons to sponsor the new schools. The department said it expected in most cases parents would express a preference for nonreligious or multidenominational patronage. On November 19, the department issued an invitation for patronage applications for four new primary schools scheduled to open in September 2020.

In November Atheist Ireland, the Evangelical Alliance of Ireland, and the Ahmadiyya Muslim Community of Ireland made a joint submission to CERD, arguing the government was moving too slowly in establishing new nondenominational schools and divesting existing schools from religious bodies. The submission argued, “The state should stop ceding control of almost all schools to private patron bodies, the vast majority of which have a self-interested religious prejudice while providing an essentially public service.” CERD recommended the government monitor school admissions, to encourage diversity and tolerance of other faiths and beliefs in the education system, and incidents of discrimination on the basis of belief.

There were no reports of complaints by parents or others about the law forbidding Catholic national schools from taking students’ religion into account when making admissions decisions, while allowing other national schools to continue to do so. In rural areas, parents said finding non-Catholic national schools was especially difficult.

Catholic religious orders remained affiliated with 20 of the country’s 45 hospitals.

In May the media reported Minister of Justice and Equality Charles Flanagan invoked for the first time a 20-year-old immigration power to bar a U.S. preacher from entering the country “in the interest of public policy,” following an online petition signed by 14,000 individuals calling for the government to ban his visit. According to the petitioners and some media reports, the preacher, the founder of an independent Christian group, had made anti-Semitic statements, including Holocaust denial, and denounced homosexuality and Hinduism.

In February a commission established by Minister for Health Simon Harris issued a report on the role and status of voluntary organizations providing health and personal social services. The report said the state was legally entitled to attach reasonable conditions to any funding it provided and was free to refrain from funding organizations that refused to provide certain lawful services, such as abortion or prescriptions for contraceptives. The report also said health services run by religious organizations should be “cognizant of the impact of decor” (e.g., religious symbols, icons, or the presence of chapels) on patients and “strive to ensure their personal preferences in this regard are met to the greatest extent possible.” Media reported Prime Minister Leo Varadkar said in an interview the report was not a recommendation to force hospitals to remove religious symbols from public areas, but it was “a message to charities and voluntary bodies that do run hospitals and schools just to have regard to these things.” The prime minister said he wanted to see more diversity in religious symbols in publicly funded healthcare institutions, to reflect that many patients were not Roman Catholic. Harris stated the findings required “further deliberation.” The government had not taken action on the report by year’s end.

In June the WRC found the National Transport Authority (NTA) had not discriminated against John Hamill, a member of the Congregationalist Church of the Flying Spaghetti Monster (Pastafarians), whom The Irish Times described as “a prominent atheist,” when it denied him free travel to a park to attend a ceremony of his group in 2018, while providing free travel to Catholics attending a papal mass at the same park on that day. According to media, Pastafarians were meeting to celebrate their non-Catholicism and discuss the benefits of not being Catholic. The man had requested the transit benefit in advance. NTA responded via letter that it was not able to provide free travel to the event, stating, “The primary reason for making travel free for those attending the papal Mass is crowd safety at the main boarding locations.” The Irish Times reported the WRC found the man’s complaint, despite its satirical tone, raised a serious point and was not “frivolous, vexations, or misconceived,” but determined it failed on procedural grounds.

Several state agencies, including IHREC, WRC, and the police’s National Diversity and Integration Unit (GNDIU) continued to enforce equality legislation and work on behalf of minority religious groups. These agencies helped to organize community events to educate the public on interfaith issues. In September the Dublin City Interfaith Forum, which received state and European Investment Fund funding, and the Dublin City Council organized a free festival involving up to 15 different faith communities, including Baha’is, Buddhists, Christians, Hindus, Jews, Muslims and Sikhs. According to GNDIU representatives, GNDIU’s liaison officers continued to engage regularly with immigrant minority religious groups to inform them of police services and educate them on their rights. In October the police launched its 2019-21 Diversity and Integration Strategy, with the stated aim of protecting all minorities and diverse groups (including religious groups) in society. The strategy focused on improving the identification, reporting, investigation, and prosecution of hate crimes. It introduced a working definition of hate crime for the police; emphasized human rights as a foundation for providing policing services; and initiated diversity, integration, and hate crime training within the police.

Although there were no laws addressing hate crimes, in October the police introduced a working hate crime definition as part of its diversity and integration strategy, with the goal of ensuring a uniform response to dealing with reported incidents. The strategy defined a hate crime as: “Any criminal offense which is perceived by the victim or any other person to, in whole or in part, be motivated by hostility or prejudice, based on actual or perceived age, disability, race, color, nationality, ethnicity, religion, sexual orientation or gender.” The police’s official website further clarified that “[r]eligion includes ‘non-believers.’” According to a report in August by The Irish Times, in August the government’s Central Statistics Office stated it had seen “no objective proof” the police had addressed the concerns the office had cited in 2018, when it estimated the police underestimated hate crimes by at least 27 percent.

NGOs, including the Irish Council for Civil Liberties (ICCL), Immigrant Council of Ireland, Anti-Racism Network Ireland, National Steering Group Against Hate Crime, and European Network Against Racism Ireland (ENAR-I), as well as IHREC again advocated better monitoring of hate crimes, including religiously motivated incidents, legislation against hate crimes and more stringent laws against hate speech, and action to ensure authorities took prejudice into account as an aggravating factor in sentencing criminals.

In October Justice and Equality Minister Flanagan and Minister of State for Equality, Immigration, and Integration David Stanton launched a seven-week consultation of the public’s views as the government prepared to update the criminal law prohibiting incitement to hatred. Several NGOs, including ICCL and ENAR-I, said the consultation resulted in part from their efforts.

In a review in December, CERD said the level of hate crimes in the country was high, “in particular against women wearing headscarves in public,” and criticized the government for failing to reform its legal framework on hate crime. CERD called for a “clear time-bound commitment” to make the necessary changes in law. CERD also praised NGO Holocaust Education Trust Ireland and its efforts to combat anti-Semitism.

On January 27, President Higgins, Deputy Prime Minister Simon Coveney, Minister for Justice and Equality Flanagan, and other senior government officials participated in the national Holocaust Day Memorial commemoration. In his remarks, the president paid tribute to Holocaust survivors and said the world needed to “work together to ensure that hatred and inhumanity is not allowed to once again spread its dark shadow across Europe and the world.” The NGO Holocaust Education Trust Ireland, in association with the Department of Justice and Equality, Office for the Promotion of Migrant Integration, and Dublin City Council, organized the event, which included readings, survivors’ remembrances, and music, as well as the lighting of six candles symbolizing the six million Jews killed in the Holocaust.

The government is a member of the International Holocaust Remembrance Alliance.