Germany / Federal Constitutional Court / 1 BvR 354/11 ECLI:DE:BVerfG:2016:rk20161018.1bvr035411

Country

Germany

Title

Germany / Federal Constitutional Court / 1 BvR 354/11
ECLI:DE:BVerfG:2016:rk20161018.1bvr035411

View full Case

Year

2016

Decision/ruling/judgment date

Tuesday, October 18, 2016

Incident(s) concerned/related

Discrimination

Related Bias motivation

Religion

Groups affected

Muslims

Court/Body type

National Court

Court/Body

Federal Constitutional Court (Bundesverfassungsgericht)

Key facts of the case

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 kindergarten teacher.

Main reasoning/argumentation

The Federal Constitutional Court argued that forbidding someone to wear a headscarf is an infrigement of the freedom of religion, which is a basic human right. It was further argued that wearing religious headscarves in child day care centres is not reasonable danger towards children rights. The wearing of such headscarves has no sufficient effects on converting to or adverting a religion. Headscarves have become a common symbol in everyday life of society and are therefore not an unusual sight.

Is the case related to the application of the Framework Decision on Racism and Xenophobia, the Racial Equality Directive?

Key issues (concepts, interpretations) clarified by the case

According to the Federal Constitutional Court, fundamental rights of children and their parents are not endangered by teachers who wear Muslim headscarves, as was previously argued by the Federal Labour Court (Bundesarbeitsgericht).

Results (sanctions, outcome) and key consequences or implications of the case

The ban of headscarves in kindergarten and school teaching was ruled unconstitutional and therefore had to be lifted. It was also clarified that no one has a right to be spared from exposure to other religious beliefs and symbols.

Key quotation in original language and its unofficial translation into English with reference details

“Die Einzelnen haben in einer Gesellschaft, die unterschiedlichen Glaubensüberzeugungen Raum gibt, allerdings kein Recht darauf, von der Konfrontation mit ihnen fremden Glaubensbekundungen, kultischen Handlungen und religiösen Symbolen verschont zu bleiben.” (Rn. 64)

“Individuals however, have no right to be spared from the confrontation of other beliefs, cultural behaviour and religious symbols in a society that provides space to different beliefs.” (para. 64)

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