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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 Labour Court (Arbeitsgericht) 2012 Germany / Labour Court Berlin / 55 Ca 2426/12 Religion Muslims During a job interview for the position of dental assistant, a female Muslim interviewee was asked to refrain from wearing her headscarf during work as a condition for the job. She refused and received a rejection via email. View more
Germany Higher Regional Court (Oberlandesgericht) 2012 Germany / Higher Regional Court Frankfurt a.M. / 20 W 12/08 Religion Muslims The owner community of a real estate complex refused to give part-ownership of the complex for the purpose of creating a Muslim community centre. Part ownership was initially conferred to the group for the purpose of opening a supermarket; the owner community reversed its decision once it had become clear that the space would be used to create a Muslim community centre. The applicants applied for voiding the decision of the owner community. View more
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 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 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 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 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
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