About This Report
Discrimination in the Name of Neutrality
February 26, 2009

Expanded Recommendations

To the State (Land) governments in Germany

  • State governments should revise and repeal existing legislation on prohibition of religious dress and symbols to ensure that freedom of religion and expression are protected and that the principle of nondiscrimination is guaranteed, and with the objective of ending discrimination on both religious and gender grounds in these sectors of employment.

o In the interim, schools and educational authorities should look favorably on offers by teachers to wear alternative head coverings that do not resemble the headscarf but are nonetheless consistent with their faith.

o In the interim, the state governments should take appropriate measures to better inform authorities, and more generally the German population, about the exact scope and limits of the law. It should be made clear that the wearing or display of religious symbols is an essential part of the right to manifest one's religion or belief that can only be limited under specific and restricted conditions. The governments should also promptly provide redress in any situation where a person has been the victim of discrimination or other act of religious intolerance because of their religious symbols.

  • Concrete concerns that a teacher's conduct infringes neutrality should be dealt with through ordinary disciplinary procedures on a case-by-case basis.
  • Conduct a thorough review, in consultation with all relevant groups, to ensure that legislation and regulations concerning dress in higher education are fully consonant with international law and standards concerning freedom of religion and freedom of expression.
  • State governments that intend to regulate the wearing of religious symbols should consider seeking advisory services from the UN Office of the High Commissioner for Human Rights and the special rapporteur on freedom of religion and belief.
  • Ensure that state practice is consistent with the United Nations Convention on the Elimination of All Form of Discrimination Against Women (CEDAW), the International Convention on the Elimination of All Forms of Racial Discrimination (ICERD), and other relevant UN treaties.

To the Federal Government of Germany

Minister of State in the Federal Chancellery and Federal Government Commissioner for Migration, Refugees, and Integration

  • Review the effects of the state-level restrictions on religious dress and symbols and their compatibility with Germany's international human rights obligations, including the United Nations Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), the International Convention on the Elimination of All Forms of Racial Discrimination (ICERD), and with EU anti-discrimination law.
  • Remove the restrictions on the application of the Framework Convention on National Minorities in Germany, so that it applies to all minorities.

Federal Anti-discrimination Office

  • In cooperation with local nongovernmental bodies and anti-discrimination organizations, take the lead in raising awareness and shaping the debates on the issue amongst policy makers, the general public, and victims of such regulations. Specifically:

o Issue public opinions on relevant state legislation, analyzing discriminatory impact and overall compatibility with the Equal Treatment Act (AGG) and the EU Directives on equal treatment.

o Include relevant statistics, concerns, and recommendations on this issue in its first regular report to the Bundestag.

To the European Union

  • EU member states should review their legislation and policies in light of the concerns raised in this report to ensure that any restrictions on religious dress-in state employment or otherwise-comply with international human rights standards and the EU Charter of Fundamental Rights.
  • The European Parliament Committee on Civil Liberties, Justice and Home Affairs (LIBE) as well as the Committee on Women's Rights and Gender Equality should undertake a (possibly joint) report analyzing member states' legislation and practices in light of the concerns raised in this report, in particular with respect to freedom of religion and discriminatory impact.
  • The Fundamental Rights Agency should include the issue as a thematic priority in its work program for 2010, or design a thematic research project, continuing to monitor measures restricting religious symbols and clothing in EU member states and assessing their compliance with the fundamental human rights norms underpinning the Union, in particular the Equal Treatment Directives.

To the Council of Europe

  • The commissioner for human rights should make an assessment (in the form of a "viewpoint" or otherwise) on the impact of existing bans on religious symbols in the Council of Europe region.
  • The commissioner should raise with the German government the concerns detailed in this report, including the discriminatory impact of restrictions incompatible with Germany's human rights obligations, and steps needed to ensure religious freedom.
  • The Parliamentary Assembly's Legal Affairs and Human Rights Committee and its sub-committee  on rights of minorities should undertake an analysis of legislation and practices throughout the Council of Europe region in light of the concerns raised in this report, in particular with respect to discrimination and religious freedom
  • The Parliamentary Assembly's Committee on Equal Opportunities of Women and Men should consider the impact of restrictions outlined in this report in light of its 2005 report on women and religion.
  • The European Commission against Racism and Intolerance (ECRI) should in its next report on Germany follow up on the concerns raised in this report and should question the government on the discriminatory impact of bans in place.
  • The Advisory Committee on the Framework Convention for the Protection of National Minorities (FCNM) should address this issue in its next review of Germany.

To the United Nations

  • The United Nations special rapporteur on freedom of religion or belief should conduct a country visit to Germany to investigate the compatibility of Germany's measures with international human rights law, and issue relevant recommendations drawing on the set of general criteria concerning religious symbols as outlined in her report to the Commission on Human Rights (E/CN.4/2006/5).
  • The Human Rights Committee should use the opportunity of its next review of Germany to raise concerns about the policies and practices documented in this report, and formulate specific recommendations to German authorities.