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Germany Labour Court (Arbeitsgericht) 2015 Germany / Labour Court Gelsenkirchen/ 5 Ca 1444/15 Race/Ethnicity Migrants A gardener in public employment published hate speech postings against migrants on Facebook. He was summoned to the staff council, which immediately terminated his employment contract. He claimed that he was not the author of the hate speech postings and that someone had hacked into his Facebook account. He filed a criminal complaint for defamation and hacking. The claimant also filed a petition to the Labour Court asking for an annulment of his employment contract termination. View more
Germany Administrative Court (Verwaltungsgericht) 2012 Germany / Administrative Court Meiningen/ 2 E 355/12 Me Religion Muslims Application by the right-wing party NPD for a public demonstration close to a mosque with the slogan "Stop foreign infiltration - no mosque in E." was rejected by the competent authorities because the gathering posed a threat to public safety. The applicant asked for reversing the prohibition in an urgency appeal. View more
Germany Administrative Court of Düsseldorf (Verwaltungsgericht Düsseldorf) 2019 Germany / Administrative Court of Düsseldorf (Verwaltungsgericht Düsseldorf) / 18 L 1606/19 ECLI:DE:VGD:2019:0601.18L1606.19.00 Religion Muslims The applicant, an association, objected against requirements imposed by the police on an assembly organized by it. The assembly had the title "We do not want Salafist pigs - not in N. - not in Germany". The police prohibited the shouting of the slogan "We do not want Salafist pigs" and the grilling of body parts of pigs. In the run-up to the assembly, a pig's head was laid in front of a mosque in a pool of blood and a swastika was painted on the wall. On the Facebook… 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 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 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 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
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 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 Constitutional Court (Bundesverfassungsgericht) 2020 Germany / Federal Constitutional Court (Bundesverfassungsgericht) / 2 BvR 1333/17 / ECLI:DE:BVerfG:2020:rs20200114.2bvr133317 Religion Muslims The complainant, a German-Moroccan legal trainee who was born in Frankfurt/Main, took action against a legal provision of the state of Hesse, which stipulates that legal trainees, who wear headscarves are prohibited to perform tasks in which they may be seen as representatives of the judiciary or the state. As a consequence, these trainees are not allowed, for instance, to act as judge or public prosecutor. View more
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