Religious Apartheid 1997 – Continuing Official Repression of Minority Religious Rights in Germany

ermany continues to fail to fulfill its obligations under international human rights law, as well as under German law, to protect the fundamental rights of all individuals within its territory. Germany has ratified the International Covenant on Civil and Political Rights.84 Article 18 of the Covenant guarantees the right to freedom of thought, conscience and religion. This right includes freedom to have or to adopt a religion or belief and freedom to manifest a religion or belief in worship, observance, practice and teaching.
In 1993, the United Nations Human Rights Committee adopted a General Comment which specifically recognizes the application of Article 18 of the Covenant to new religions.85 The Human Rights Committee found that:
Article 18 is not limited in its application to traditional religions or to religions and beliefs with institutional characteristics or practices analogous to those of traditional religions. The Committee therefore views with concern any tendency to discriminate against any religion or belief for any reasons, including the fact that they are newly established, or represent religious minorities that may be the subject of hostility by a predominant religious community.
Article 2(1) of the Covenant contains a nondiscrimination clause which requires Germany to protect all individuals from religious discrimination:
Each State Party to the present Covenant undertakes to respect and to ensure to all individuals within its territory and subject to its jurisdiction the rights recognized in the present Covenant, without distinction of any kind, such as race, color, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.
As noted by the Human Rights Committee in General Comment 18 on nondiscrimination (37th Session 1989), discrimination includes any exclusion, restriction or preference based on religion or belief which “has the purpose or effect of nullifying or impairing the recognition, enjoyment or exercise by all persons on an equal footing” of any right or freedom.
Germany’s Conduct Violates International
Legal Requirements Continued...
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