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Germany Higher Labour Court of Baden-Württemberg (Landesarbeitsgericht Baden-Württemberg) 2019 Germany / Higher Labour Court of Baden-Württemberg (Landesarbeitsgericht Baden-Württemberg) / 17 Sa 3/19 / ECLI:DE:LAGBW:2019:1205.17SA3.19.00 Religion Muslims The plaintiff took legal action against an extraordinary termination of his employment contract due to messages he had sent to a colleague of Turkish origin and Muslim faith. These messages included, among others, an image file shwoing a mosque under the heading "In Bavaria a mosque has been opened, and during the first prayer some Bavarians infiltrated and fired shots into the air. I am sending you this recording so you hear how the preacher has changed his prayer…", added by an… View more
Germany Federal Administrative Court (Bundesverwaltungsgericht) 2019 Germany / Federal Administrative Court (Bundesverwaltungsgericht) / 2 WDB 3.19 / ECLI:DE:BVerwG:2019:091019B2WDB3.19.0 Migrant status, Religion Muslims, Refugees & asylum seekers A soldier had made several racist, antisemitic and anti-Muslim statements in a WhatsApp Group and towards a lieutenant. He had shared, for example, in the WhatsApp group a picture showing a helmet of a Christian crusader with the slogan 'There doesn't need to be a Muslim ban, if there are no Muslims’ and said to the lieutenant that the refugee crisis could be solved by shooting down the refugee boats in the Mediterranean Sea. Thereupon the soldier’s commander took disciplinary action… View more
Germany District Court of Traunstein (Amtsgericht Traunstein) 2018 Germany / District Court of Traunstein (Amtsgericht Traunstein) / KLs 450 Js 12135/18 ECLI:DE:LGTRAUN:2018:1130.KLS450JS12135.18J.0A Migrant status Refugees & asylum seekers Between February and April 2018, the two accused men threw two homemade incendiary devices and an explosive device at an asylum seekers' home in Nussdorf. They also painted a swastika on the building. Nobody was injured but they knew that the building was inhabited by many people. Nazi and Hitler pictures with texts trivializing the Nazi era had also been found on the computer of one of the defendants. View more
Germany Federal Constitutional Court (Bundesverfassungsgericht) 2018 Germany / Federal Constitutional Court (Bundesverfassungsgericht) / 1 BvR 31/17 ECLI:DE:BVerfG:2018:rk20180420.1bvr003117 Religion Muslims The complainant was politically active in the political party Alternative for Germany (AfD) and ran an internet blog in which he expressed his criticism of Islam. In June 2016, a preliminary investigation was initiated against him on suspicion of incitement to hatred and the district court ordered a search of his rooms. He was suspected of having published the following comment, referring to a Muslim and his veiled wife: "Some time ago, a Mossi also crossed my path with his wrapped cattle… View more
Germany Administrative Court of Munich (Verwaltungsgericht München) 2017 Germany / Administrative Court of Munich (Verwaltungsgericht München) / M 22 E 17.1861 ECLI:DE:VGMUENC:2017:0727.M22E17.1861.0A Religion Muslims The applicant, leader of the political party Alternative for Germany (AfD) in Bavaria, wanted to stop the State Office for the Protection of the Constitution (Landesamt für Verfassungsschutz) to surveil him and to talk publicly about this surveillance. Previously, he had publicly expressed his sympathy for the Identitarian Movement (IB), a far-right political movement, with the following comment: "Likewise, I do not succeed (even after several observations) in reading something negative… View more
Germany Federal Court of Justice (Bundesgerichtshof) 2017 Germany / Federal Court of Justice (Bundesgerichtshof) / AK 58/17 ECLI:DE:BGH:2017:291117BAK58.17.0 Migrant status, Race/Ethnicity Refugees & asylum seekers A lieutenant general of the German Armed Forces - after having obtained various weapons - reported himself to the authorities under a false name as a refugee from Syria and went through the asylum procedure in Germany. He was accused of planning attacks on high-ranking politicians and other - from his point of view "refugee friendly" - persons under his false Syrian identity to cast suspicion on asylum seekers out of a xenophobic motivation and was arrested in April 2017. View more
Germany Local Court (Amtsgericht) 2016 Germany / Local Court Duisburg / 81 Ds 78/16 Nationality Refugees & asylum seekers The defendant published untrue claims that refugees had kidnapped and raped five German girls between the ages of eight to ten on his internet blog. He further published the untrue assertion that the school authority of Northrhine-Westphalia published an official warning related to the case. View more
Germany Federal Constitutional Court (Bundesverfassungsgericht) 2016 Germany / Federal Constitutional Court / 1 BvR 354/11
ECLI:DE:BVerfG:2016:rk20161018.1bvr035411
Religion Muslims A Muslim day care nurse was reprimanded by her employer for wearing a religious headscarf during work. This woman is a German citizen who was born in Turkey. At the time of the incident , the state of Baden-Württemberg had a legal ban of religious headscarves in child day care. The woman took the issue to the Federal Labour Court (Bundesarbeitsgericht), but her case was rejected. The case was then taken to the Federal Constitutional Court (Bundesverfassungsgericht), which ruled in favour of the… View more
Germany Federal Court of Justice (Bundesgerichtshof) 2015 Germany / Federal Court of Justice, Karlsruhe / 5 StR 435/14 Race/Ethnicity Migrants Two residents of Polish origin harassed passersby in the Berlin city centre. An African was called "Nigger" in Polish language. A Russian speaking witness understood the insult and intervened in Russian. The insulters physically attacked the Russian speaking witness and both continued with potentially deadly kicks on the unconscious victim. Other passersby intervened and stopped the assault. The regional court of Berlin could not establish an intention to kill the victim and ruled on… View more
Germany Federal Constitutional Court (Bundesverfassungsgericht) 2015 Germany / Federal Constitutional Court Karlsruhe / 1 BvR 471/10 and 1 BvR 11181/10 Religion Muslims (I) A Northrhine-Westphalia (NW) social education worker for conflict mediation (German born in a Turkish family) has been wearing a headscarf at work since 1997. A 2006 amendment to NW school law lead to the school prohibiting headscarves at work: she objected and received written warnings. She filed a court case to void the written warnings; courts at two instances rejected her claim. (II) A teacher in NW wore a headscarf during class. In 2006, the school demanded her to stop wearing it, she… View more
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