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Developments in German Case Law Regarding the Freedom of Religion

Developments in German Case Law Regarding the Freedom of Religion I. INTRODUCTION The following report outlines developments in German case law regarding religious freedoms of members of new minorities,' in particular of members of the Muslim com- munity in Germany. It seems that politicians have failed to develop coherent strategies for the integration of immigrants, and that as a consequence the relation between the majority and members of religious minorities, particularly Muslims, is often left to courts .2 Issues decided in recent case law concern religious rules relating to clothing and the preparation of food, as well as the question of whether the school children of immigrants should be exempted from obligatory sports and biology lessons, and from class excursions. German courts, particularly the Federal Constitutional Court (FCC), have recently rendered a number of decisions that are not only significant for the rights of Muslims in Germany, but are also relevant for similar ongoing discussions in other European countries. II. TRADITIONAL SLAUGHTER DECISIONS OF THE FEDERAL CONSTITUTIONAL COURT A. The Federal Constitutional Court's Judgment of 15 January 2002 On 15 January 2002 the FCC had to decide whether a Turkish citizen who had immi- grated to Germany 20 years prior and who adheres to strict religious rules should http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png European Yearbook of Minority Issues Online Brill

Developments in German Case Law Regarding the Freedom of Religion

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Publisher
Brill
Copyright
Copyright © Koninklijke Brill NV, Leiden, The Netherlands
eISSN
2211-6117
DOI
10.1163/221161104X00110
Publisher site
See Article on Publisher Site

Abstract

I. INTRODUCTION The following report outlines developments in German case law regarding religious freedoms of members of new minorities,' in particular of members of the Muslim com- munity in Germany. It seems that politicians have failed to develop coherent strategies for the integration of immigrants, and that as a consequence the relation between the majority and members of religious minorities, particularly Muslims, is often left to courts .2 Issues decided in recent case law concern religious rules relating to clothing and the preparation of food, as well as the question of whether the school children of immigrants should be exempted from obligatory sports and biology lessons, and from class excursions. German courts, particularly the Federal Constitutional Court (FCC), have recently rendered a number of decisions that are not only significant for the rights of Muslims in Germany, but are also relevant for similar ongoing discussions in other European countries. II. TRADITIONAL SLAUGHTER DECISIONS OF THE FEDERAL CONSTITUTIONAL COURT A. The Federal Constitutional Court's Judgment of 15 January 2002 On 15 January 2002 the FCC had to decide whether a Turkish citizen who had immi- grated to Germany 20 years prior and who adheres to strict religious rules should

Journal

European Yearbook of Minority Issues OnlineBrill

Published: Jan 1, 2003

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