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, hospitals, and prisons.

The General Act on Equal Treatment has been in force since August 2006. The purpose of the act is to prevent or stop discrimination on the grounds of race or ethnic origin, gender, religion or belief, disability, age, or sexual orientation.

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 ($61.3 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 COS – 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 that 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 that provide public services, such as religious schools and hospitals. In addition, 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 2015 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. The states of Bavaria, North-Rhine Westphalia (NRW), and Saarland 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. Berlin’s Neutrality Law bans visible signs of religious affiliation for police, lawyers, judges, and law enforcement staff but, as of 2020, not for primary and secondary school teachers. In Lower Saxony, judges and prosecutors may not wear religious symbols or clothing in the courtroom. 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 ($74) 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 also offer some religious instruction in Islam. In most federal states, Muslim communities or associations provide this instruction, while in Bavaria and Schleswig-Holstein, the state does. 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 January and again in July, the Baden-Wuerttemberg Free Democratic Party (FDP) requested an examination of whether Jehovah’s Witnesses fulfilled the conditions for PLC status in that state. In both instances, the state education ministry affirmed there was no reason to revoke the status. In August, the FDP’s speaker for religious affairs once again urged the ministry to review the group’s eligibility for PLC status due to its prohibition of blood transfusions for children. Jehovah’s Witnesses have held PLC status in all states since 2017.

In March, the federal government established a cabinet committee to combat right-wing extremism and racism. The committee drew up a catalog of 89 concrete measures, many of which aim at combating anti-Semitism. The federal government stated it would provide more than one billion euros ($1.23 billion) for the projects between 2021 and 2024.

In June, Federal Family Minister Franziska Giffey launched a network to provide government resources and foster connections between educational institutions and research centers working to combat anti-Semitism. The federal government stated it would support a new anti-Semitism competence center with two million euros ($2.5 million) over the next four years.

In July, more than 60 scientists, academics, writers, and artists wrote to Chancellor Angela Merkel warning of an “inflationary, factually unjustified, and legally unfounded use of the term anti-Semitism.” They expressed concern about the suppression of “legitimate criticism of Israeli government policy” and castigated Federal Commissioner for Jewish Life in Germany and the Fight against Anti-Semitism Felix Klein for distracting attention from “real anti-Semitic sentiments.”

In September, speaking at the 70th anniversary of the Central Council of Jews in Germany Chancellor Merkel spoke of her “grave concern” over the increasingly open expression of anti-Semitism in the country. She described anti-Semitism as an attack on the dignity of individuals that “must be fought decisively” – ideally with education, but with the full strength of the criminal law system when necessary.

In September, the NRW interior ministry suspended 29 police officers for participating in a right-wing extremist chat group, and some faced criminal investigation. The group shared extremist propaganda, including photographs of Adolf Hitler. The interior ministry also ordered an inspection of the affected police station, and it created a new position to specifically monitor right-wing extremism across the NRW police force.

In April, the NRW commissioner for anti-Semitism published the first NRW anti-Semitism report, which indicated 310 anti-Semitic crimes were registered in NRW in 2019, of which 291 were motivated by right-wing ideologies. The crimes ranged from verbal abuse to physical injury; all cases resulted in criminal investigations. In June, the NRW commissioner announced she was establishing an office to monitor and independently investigate anti-Semitic crimes that would allow victims to report anonymously in part in an effort to increase the reporting of cases.

During the year, Schleswig-Holstein and Hamburg established state-level anti-Semitism commissioner positions, leaving Bremen as the only state without one. 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. In 2018, Federal Anti-Semitism Commissioner Klein urged all states to establish anti-Semitism commissioners because the distribution of powers in the country’s federal system provided the states with greater authority to combat anti-Semitism.

In February, the Frankfurt general prosecutor’s office established a commissioner for combating anti-Semitism. In addition to evaluating anti-Jewish aspects of crimes, the person will serve as point of contact for domestic and foreign authorities.

In January, Hesse inaugurated a new office for reporting anti-Semitic incidents as part of a 2019 state initiative to establish a more comprehensive approach to countering online hate speech and harassment.

In February, the Bremen Senate extended its cooperation with the Yad Vashem Holocaust Memorial to police officers trained at the College of Public Administration. Among other activities, Yad Vashem teaches a course to police trainees on the history of the Jewish community in Bremen. The course brings trainees to main historical Jewish community sites as well as to the Bergen-Belsen concentration camp. Yad Vashem also led trips to the Warsaw ghetto and to Israel; 18 trainees joined the trip to Israel.

More than 1,000 artists signed an open letter against the 2019 Bundestag decision to designate the Boycott, Divestment and Sanctions (BDS) movement as anti-Semitic, calling it a restriction of the right to boycott, a violation of democratic principles, and encouragement of a “climate of censorship.” They joined concerns by the heads of some German cultural institutions who argued the resolution might hinder their work. Numerous Bundestag members rejected the accusations, stating the resolution by no means banned dialogue or criticism. They also said that no tax funds should be used for BDS initiatives. State Minister for Culture Monika Gruetters said, “It is part of the Federal Republic of Germany’s raison d’etre to protect Israel’s right to exist. It follows that the federal government does not actively support organizations or projects that question Israel’s right to exist, even within the framework of cultural funding.”

In July, rap musician Farid Bang collaborated with Duesseldorf Mayor Thomas Geisel on a video promoting COVID-19 distancing measures. The state commissioner for anti-Semitism in NRW criticized the choice due to what he described as Bang’s frequently misogynistic, anti-Semitic, and violent lyrics, saying “This would be a wrong sign for Jewish life in this country.” The story received national publicity, and the video was taken down after one week.

In July, the Federal Constitutional Court confirmed a six-month prison sentence for Sascha Krolzig, federal chairman of the far-right party Die Rechte (The Right). Krolzig published an article calling a prominent member of the Jewish community an “insolent Jewish functionary” and praising the “exemplary and reliable men of the Waffen-SS.” Krolzig was convicted for sedition in February, based on inciting hatred against Jews and the use of National Socialist vocabulary.

In July, the Moenchengladbach public prosecutor’s office brought sedition charges against a man suspected of distributing the anti-Semitic manifesto of the 2019 Halle synagogue attacker online. The case was pending as of December.

In August, Lower Saxony’s Jewish community expressed concern after police officer Michael F. from Hanover, who was responsible for designing the security plans for Lower Saxony’s Jewish synagogues and community centers, drew parallels between restrictions to limit the spread of COVID-19 and National Socialism during his speech at a demonstration against the restrictions. The officer was suspended from duty in August. “Anyone responsible for the safety evaluations of Jewish facilities in the police force must be above reproach, not indulging in some abstruse, conspiracy-theoretical nonsense,” said Franz Rainer Enste, the state’s anti-Semitism commissioner.

In February, NRW Minister-President Armin Laschet visited Israel and expressed assurances that Germany would take decisive action against anti-Semitism, racism, and extreme right-wing violence. He said, “I am ashamed that 75 years after the liberation of Auschwitz we are experiencing this again in Germany.” Upon his return, Laschet received the Israel Jacobson Prize from the Union of Progressive Jews in Germany in recognition of his contribution to liberal Judaism and the strengthening of Jewish life in NRW.

In May, Bavarian Justice Minister Georg Eisenreich and Anti-Semitism Commissioner Ludwig Spaenle presented anti-Semitism guidelines for legal workers to help better identify anti-Semitic incidents.

According to reports from the federal Office for Protection of the Constitution (OPC – domestic intelligence agency) and Scientology members, the federal and state OPCs in Baden-Wuerttemberg, Bavaria, Berlin, Bremen, Hamburg, Lower Saxony, NRW, and Saxony-Anhalt 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 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.

At the September session of the United Nations Human Rights Council, the President of the European Office of the Church of Scientology for Public Affairs and Human Rights requested Germany stop using “sect filters” and called on the president of the Human Rights Council to launch an investigation into the religious freedom violations that, he said, the country’s executive powers continue to perpetrate against Scientologists.

Following the country’s April 30 ban on all Hizballah activities, police raided mosques in Berlin, Bremen, and NRW. Police had previously placed the mosques under surveillance due to what they stated were their pro-Hizballah sympathies and links with extremist groups. In May, police searched the official rooms of the al-Mustafa community in Woltmershausen in Lower Saxony as well as the private residences of community leaders, alleging a close association of al-Mustafa with Hizballah.

Federal and state OPCs continued to monitor numerous Muslim groups, including the terrorist groups ISIS, Hizballah, and Hamas as well as groups such as Turkish Hizballah, Hizb ut-Tahrir, Tablighi Jama’at, Millatu Ibrahim, the Islamic Center Hamburg, the Muslim Brotherhood, Milli Gorus, and various Salafist movements. Hamburg opposition parties and civil society actors continued to advocate an end to Hamburg’s formal relationship with the “Islamic Center,” which they described as an important Iranian regime asset.

In May, the OPC in Saxony reported it was monitoring two mosques that it said were dominated by Salafists.

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

Germany assumed the rotating presidency of the Council of the European Union in July, and consistent with its commitment to prioritize the fight against anti-Semitism, it organized an online conference November 18 on combating anti-Semitism and hate speech, and two weeks later, the council unanimously approved a declaration mainstreaming the fight against anti-Semitism across all policy areas. The council also published the largest survey ever conducted among European Jews on their perceptions and experiences of anti-Semitism.

In August, the federal labor court awarded a Muslim computer scientist approximately 5,200 euros ($6,400) in compensation for religious discrimination. In 2017, the plaintiff had insisted on wearing her headscarf in class as part of an interview for a position in the public school service and was subsequently denied a job. The rejected applicant said this was religious discrimination and sued for compensation under the General Equality Act. The Berlin Labor Court dismissed the claim, but the Berlin-Brandenburg Regional Labor Court upheld it, referring to a ruling by the Federal Constitutional Court in 2015 that stated that rejection of female applicants wearing headscarves must be justified by a concrete threat to the peace of the school. Berlin appealed but lost at the Federal Labor Court, which saw the Berlin position as “a disproportionate interference with freedom of religion.” The court called upon Berlin to amend its neutrality law that forbids civil servants from wearing religious clothing and symbols.

In February, the Federal Constitutional Court ruled that a Muslim law clerk could be prohibited from wearing a headscarf during court proceedings. In its ruling, the court said the judiciary’s obligation to observe complete neutrality outweighed the clerk’s freedom of religion rights. The clerk sued Hesse state in 2017 for not permitting her to follow court proceedings from the bench, lead courtroom sessions, or take evidence from witnesses while she was wearing a headscarf.

In May, the Lower Saxony state parliament amended the law to prohibit judges and prosecutors from wearing religious symbols or clothing in the courtroom. State Justice Minister Barbara Havliza said that it was necessary in view of the increasing diversity in society and important for the perceived neutrality of the judiciary.

In April, the Rhineland-Palatinate state government forbade students in primary and secondary schools from full-face veiling at school (i.e., wearing a niqab or burqa). In July, Baden-Wuerttemberg did the same. For both states, the ban on full covering did not apply in higher education. Teachers in both states had already been forbidden from full-face veiling at school.

In February, an administrative court in Hamburg overturned a school’s ban on niqabs, ruling that state law does not allow educational authorities to impose such a ban. The court said the 16-year-old who challenged the ban had the right to “unconditional protection” of her freedom of belief. The Hamburg state minister of education said he would seek to change the law, because “only if students and teachers have a free and open face can school and lessons function.”

In September, the Higher Administrative Court in Muenster overturned a 2018 decision by an administrative court which banned a local mosque’s outdoor amplification of the call to prayer in the town Oer-Erkenschwick. Local residents said this was a noise disturbance. In its ruling, the Muenster court compared the call to prayer with the sound of church bells. During the COVID-19 lockdown, some mosques in NRW received temporary permission to conduct calls to prayer via loudspeaker.

In June, the Lower Saxony Higher Administrative Court ruled a Muslim teacher denied employment for wearing a headscarf could assert a claim for compensation through the General Equal Treatment Act.

In February, a district court ordered a fitness studio in Oststeinbek to compensate a Muslim client 1,000 euros ($1,200). The studio had prohibited the woman from exercising with a headscarf, citing insurance reasons. The woman brought legal action based on the General Equal Treatment Act.

In September, the Karlsruhe Labor Court ruled the Protestant Regional Church in Baden discriminated against an atheist applicant who had unsuccessfully applied for a secretarial position in 2019. The court ordered the Church to pay compensation of 5,000 euros ($6,100) for illegally asking the applicant about her religious beliefs.

According to a May survey of state-level education ministries, more than 900 schools in the country offered Islamic religious instruction. Almost 60,000 students took part in Islamic religious instruction in the school year 2019-20, an increase of 4,000 from the previous year. Since 2017-18, approximately 35 schools have added Islamic religious instruction.

In October, the Conference on Jewish Material Claims against Germany (also known as the Jewish Claims Conference) and the government announced an increase of 30.5 million euros ($37.4 million) in government funding for social welfare services for Holocaust survivors, raising the yearly contribution from 524 million euros ($642.9 million) in 2020 to 554.5 million euros ($680.4 million) in 2021. The government also agreed to provide an additional 564 million euros ($692 million) over the next two years to help financially struggling Holocaust survivors during the COVID-19 pandemic.

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 ($15.9 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 570 million euros ($699.4 million). The union said it calculated its estimate based on budgets of the 16 states. The Humanistic Union advocates the abolition of state church privileges such as faith-based religious education as a regular school subject, collection of church taxes, and other financial aid.

In July, the Federal Supreme Court rejected the appeals of seven men who had been fined by a lower court in 2019 for wearing yellow vests marked “Sharia Police” and patrolling the streets of Wuppertal in 2014 looking for “non-Muslim” behavior. They had been charged with wearing uniforms as expressions of a common political opinion. A regional court acquitted them in 2016, but the Federal Constitutional Court reversed the acquittal in 2018.

The government continued the German Islam Conference dialogue with Muslims in the country. 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 conference held a video discussion on imam training with Interior Minister Horst Seehofer on November 10. Participants discussed initiatives to promote imam training, including imam employment in congregations, religious instruction in public schools, and pastoral care in public institutions, especially prison and military chaplaincies. The Interior Minister discussed the Independent Expert Group on Anti-Muslim Hostility, established in September, which focuses on distinguishing between criticism of religion and hostility toward Muslims.

In May, the Bundestag unanimously approved a bill authorizing rabbis to serve as military chaplains, performing pastoral services for the approximately 300 Jewish soldiers in the Bundeswehr (federal army). The Bundesrat, the chamber representing the federal states, also approved the bill in July. The selection of up to 10 rabbis was scheduled to begin in autumn. The country’s Conference of Orthodox Rabbis welcomed the action as “an important signal, especially in times…when there is again fertile ground for anti-Semitism, hate from the far right, and conspiracy theorists.” The federal government also said it was developing plans to authorize Muslim chaplains for the approximately 3,000 Muslims serving in the Bundeswehr, but the Central Council of Muslims Chair Aiman Mazyek said in a July interview that the government had not yet taken any concrete steps. In December, the state of Baden-Wuerttemberg appointed police rabbis for the first time in its history, one for the Jewish Religious Community of Wuerttemberg, and one for the Baden region. Their tasks included raising awareness of Jewish issues among police officers.

The country is a member of the International Holocaust Remembrance Alliance and held the organization’s chairmanship during 2020.