Legal framework on freedom of religion and actual application
Germany guarantees freedom of religion as a fundamental right under its constitution (Basic Law, revised in 2014). Article 3 says that no one may be disadvantaged or favoured on the grounds of faith or religious opinions, and Article 4 protects freedom of belief, conscience, and religious practice for all individuals and upholds the right to conscientious objection on religious grounds.[1]
Article 140 incorporates provisions from the Weimar Constitution, which regulate the relationship between the State and religious organisations.[2] It declares that there is no state Church. It also stipulates that religious groups may organise themselves freely.[3] Religious communities may apply to organise themselves as public law corporations (PLC) to qualify for tax-exempt status. This status also grants them the ability to offer religious education in state schools and appoint prison and hospital chaplains.[4] All German states offer religious instruction and ethics courses for students who opt out of religious education in state schools. Religious groups are permitted to establish private schools, provided they meet state curriculum requirements.[5]
According to the Basic Law, the decision to grant PLC status is made at the state level and is based on factors such as a community’s size, activities, and respect for the constitutional order and fundamental rights. There are around 180 religious groups who enjoy PLC status, including the Roman Catholic Church, the Protestant Church in Germany (EKD), Bahá‘ís, Baptists, Christian Scientists, Jehovah’s Witnesses, Jews, Mennonites, Methodists, the Church of Jesus Christ of Latter-day Saints, the Salvation Army, and Seventh-day Adventists. Ahmadi Muslim groups have PLC status in two states, while a Sufi school and an Alevi Federation have been recognised as PLCs.[6]
Germany’s Criminal Code (Section 130) prohibits incitement to hatred against a religious group and dissemination of material which incites hatred. It is against the law to disturb the exercise of religion or worship (Section 167).[7]
According to a 2017 ruling by the Federal Constitutional Court, general headscarf bans for teachers at state schools violate religious freedom, but states can decide whether circumstances warrant a ban.[8] States have applied this ruling differently, as some render decisions on a case-by-case basis, and others have prohibitions or exceptions under certain circumstances.
In 2021, a federal law was passed that allows bans on religious or ideological symbols for public employees in exceptional cases, especially where the State exercises traditional authority, for example, in the cases of police officers and judges. However, general religious expression is usually permitted.[9] Bans are allowed if they are necessary to ensure the functionality of public administration. The law specifies that if these symbols are of a religious nature, they may only be restricted if they are “objectively suited to adversely affecting trust in a civil servant’s neutral performance of his official duties”.[10] Berlin has a Neutrality Act, effective since 2005, prohibiting civil servants from wearing religious symbols or clothing.[11]
The European Court of Justice (ECJ) ruled in 2021 that visible religious symbols, including headscarves, could be banned by employers under certain conditions. The ban had to be part of a policy aimed at ensuring neutrality in the workplace and be applied consistently to all employees.[12]
As of December 2023, all public buildings in Bavaria have been required to display a Christian cross, a law that some critics saw as politically divisive.[13]
Following the Hamas terror attack on 7 October 2023, the German government took measures to address an alarming trend of antisemitism. In July 2024, authorities shut down the Islamic Centre Hamburg (ICH) and its affiliated Blue Mosque for promoting extremist ideologies and antisemitism. Police conducted raids on the mosque and 53 other properties across the country, marking one of the most significant crackdowns on Islamist extremism in recent years.[14]
In November 2024, the German government adopted a cross-party resolution entitled “Never Again is Now: Protecting, Preserving, and Strengthening Jewish Life in Germany.” The resolution aims to combat antisemitism by cutting off public funding from organisations that spread antisemitism, question Israel’s right to exist, or support the Boycott, Divestment, and Sanctions (BDS) movement. It also calls for stronger educational measures and endorses the International Holocaust Remembrance Alliance (IHRA) definition of antisemitism.[15] The resolution signals Germany’s firm stance against antisemitism amid rising incidents but it has sparked debate over its potential impact on fundamental freedoms. In fact, while it has been welcomed by some Jewish organisations, critics – including civil society groups, legal experts, politicians and prominent Jewish intellectuals – argue that it could conflate legitimate criticism of Israeli policies with antisemitism, thereby stifling free speech and academic discourse.[16]
Legal disputes over bans on silent prayer near abortion facilities have been ongoing in Germany since 2021. In June 2023, the Federal Administrative Court in Leipzig ruled that blanket bans on peaceful prayer vigils outside abortion clinics violated constitutional rights to freedom of assembly and expression. This decision affirmed the rights of groups like “40 Days for Life” to conduct silent prayer vigils near such facilities.[17]
Nevertheless, in January 2024, Lisa Paus, Federal Minister for Family Affairs, Senior Citizens, Women and Youth, proposed a draft law to establish nationwide “censorship zones” around abortion facilities. The bill aimed to criminalise peaceful expression of messages which could be subjectively understood as “disturbing” or “confusing”, as well as silent prayer and offers of assistance, within these zones, imposing fines of up to € 5,000. Critics argue that this proposal contradicts the 2023 court ruling and infringes upon fundamental freedoms.[18] The German government enacted the law in July 2024, enforcing these censorship zones. Human rights advocates have criticised the law as a violation of democratic principles and individual rights, arguing that it unconstitutionally restricts a select group of people’s freedom of expression, assembly, and religion without sufficient justification.[19]
Incidents and developments
The 2023 report by Germany’s Office for the Protection of the Constitution (OPC) documented 1,250 “politically motivated crimes with a religious ideology” in 2023, a steep rise compared to 2022 (418). Most of the crimes showed an “Islamist” background (878). The OPC identified 492 antisemitic crimes, including 22 acts of violence and 167 crimes of incitement to hatred and violence. The report mentions that the rise in antisemitic crimes correlates with the 7th October 2023 Hamas terror attack.[20]
The 2023 Report on Politically Motivated Crimes (PMC) in Germany recorded 5,164 antisemitic crimes, marking a 95 percent increase from 2022 (2,641).[21] Anti-Christian hate crimes rose from 135 to 277, while anti-Muslim hate crimes surged by 140 percent, from 610 to 1,464. Additionally, 74 hate crimes targeted other religions. [22]
Among antisemitic offences, 58.75 percent were linked to right-wing extremism, including 148 violent crimes (up from 88 in 2022) and 91 cases of bodily harm (up from 61). Over half occurred after the Hamas attack on Israel on 7th October 2023.[23] Anti-Muslim hatred also witnessed a sharp rise, with 82.72 percent of incidents attributed to right-wing extremists. Violent offences nearly doubled to 93, including 87 cases of bodily harm.[24]
The PMC Report also recorded 4,369 politically motivated crimes related to the Israel-Palestine conflict, a sharp rise from 61 in 2022. Of these, 63.86 percent were linked to a foreign ideology and 19.89 percent to a religious ideology. Violent crimes accounted for 5.1 percent (223 cases, up from 14 in 2022), mainly resistance offences (96) and bodily harm (89). Additionally, 1,927 of these crimes had an antisemitic motive, with 1,847 occurring after the Hamas attack on Israel on 7th October 2023. Overall, 97 percent of all offences related to the conflict took place after this date.[25]
The Federal Association of Department for Research and Information on Antisemitism (RIAS) documented 4,782 cases of antisemitism (an over 80 percent rise from the previous year). Notably, more than half of these incidents occurred after the 7th October 2023 attack by Hamas on Israel. The reported cases encompassed seven instances of extreme violence, 121 attacks, 329 incidents causing property damage, and nearly 200 threats.[26] RIAS highlighted that this surge has made it increasingly challenging for Jews in Germany to lead an open and carefree life.[27]
Examples of violent antisemitic acts during this period include the firebombing of a synagogue in Berlin’s Mitte neighbourhood on 18th October 2023, when two Molotov cocktails were thrown at the building.[28] German Chancellor Olaf Scholz condemned the attack, stating: “Antisemitism has no place in Germany.”[29] In February 2024, a Jewish student in Berlin was assaulted by a classmate during an argument about the Israel-Hamas conflict, resulting in the victim being hospitalised with facial fractures.[30] These incidents underscore the escalating antisemitic violence in Germany in the wake of events in the Middle East.
The Organisation for Security and Co-operation in Europe (OSCE) 2023 Hate Crime Report shows that civil society groups reported 1,077 antisemitic incidents, including 183 violent attacks against people, 391 threats and 503 acts of vandalism to property. Of the 104 anti-Christian incidents, six were violent attacks against people, 29 were threats and 69 attacks against property. There were 95 anti-Muslim incidents, 35 of which were attacks against people, 31 threats and 29 attacks against property.[31]
Regarding anti-Muslim sentiments, the CLAIM Network of NGOs reported 1,926 anti-Muslim incidents in 2023, more than double the previous year’s figure of 898 (a 114 percent increase). The network noted that the rise in cases correlated with the 7th October 2023 Hamas attack on Israel.[32] Some examples include an attempted arson attack against a mosque in Bochum that was marked with a swastika, a right-wing extremist shooting at a door of a home belonging to a Muslim family, and a woman who was pushed onto train tracks in Berlin after being asked if she belonged to Hamas.[33] The organisation commented that the attacks on individuals consisted mostly of verbal abuse and were mainly aimed at women, but they also recorded four attempted murders.[34]
In response to these developments, the German Institute for Human Rights (DIMR) released a report in 2024, expressing concern over rising anti-Muslim racism amid heightened Middle East tensions. The report urged politicians and the media to avoid harmful generalisations that could lead to discrimination.[35] Furthermore, Human Rights Watch (HRW) criticised Germany for “falling short in protecting Muslims and people perceived to be Muslims from racism amid rising incidents of hate and discrimination”.[36]
In November 2024, Germany’s Federal Commissioner for Anti-Racism, Reem Alabali-Radovan, added her name to a joint statement by representatives of EU member states expressing concern over the rise in anti-Muslim incidents.[37] For HRW, this is a positive step towards improving protection for Muslims in Germany.[38]
The organisation Brandeilig, a Muslim advocacy group, reported 79 attacks against mosques in 2023 and 15 in 2024. The cases include letters and emails containing hate speech sent to mosques in January 2024,[39] and arson attacks in Hannover[40] and Dresden,[41] both in May 2023.
Regarding anti-Christian hate crimes, the Observatory on Intolerance and Discrimination against Christians in Europe (OIDAC Europe) reported 180 cases in the period under review, including arson, vandalism against property, hateful graffiti, theft of sacred religious objects and physical assault.[42]
On 10th February 2023, the historic Church of the Elevation of the Cross in Wissen was severely damaged in a fire. A 39-year-old man desecrated religious symbols and set fire to the high altar, which was destroyed.[43] Another arson attack occurred in August 2023 in Großröhrsdorf, where a Protestant church was burnt to the ground. The criminal investigation department determined that the cause of the fire was arson, and a suspect was arrested and later convicted.[44]
In April 2023, a study by the Criminal Research Institute of Lower Saxony revealed that Christian children in some Muslim-majority schools were feeling compelled to convert to Islam to avoid harassment.[45]
A report published in May 2023 highlighted a rising trend of vandalism in churches across Bavaria. According to the Bavarian State Criminal Office (LKA), cases of property damage in churches, chapels, and monasteries increased from 219 in 2019 to 294 in 2022. While thefts from churches have declined, authorities expressed concern about the increasing severity of the acts of vandalism.[46]
Due to this troubling trend, many churches in Germany have opted to remain closed outside service hours to protect themselves. For instance, St Mary’s Church in Ahlen decided to keep its doors shut when church services are not being held because of repeated acts of vandalism. A notice on the door reads: “Currently closed due to vandalism.”[47] Similarly, St Peter’s Church in Waltrop has faced repeated acts of vandalism, including damage to the organ, urinating in the church, and leaving faeces. The place of worship now remains closed outside service hours, and the nativity scene was moved to a different place for Christmas 2024.[48] Such closures, while aimed at safeguarding these sacred spaces, inadvertently limit access for worshippers who want to pray or reflect outside regular service hours, thereby impacting the religious practice of many Germans. In December 2023, the Church of St Mary in Cologne was defaced with several hateful messages on the walls, including graffiti saying “666” and “Allah Akbar”.[49] Also in Cologne during the same period, a plot to bomb the Catholic Cathedral of St Peter (Hohe Domkirche St Petrus) was uncovered by police. Local media reported that “the attack was to have been carried out with a car packed with explosives”. Five men were arrested between 26th and 31st December 2023, all of them allegedly linked to Islamic extremism.[50]
In February 2024, a Christian convert working as a taxi driver in Essen, Jalil Mashali, was fined € 88.50 for displaying a small sticker on his vehicle’s rear window that read: “Jesus – I am the way. The truth. And the life.” City authorities deemed this to be “religious advertising,” which is prohibited on public transport.[51] Mashali argued that the sticker was a personal expression of faith. The fine was dropped after he changed jobs.[52]
In August 2024, a Syrian man attacked several people with a knife at a city festival in Solingen. The Islamic State group claimed responsibility for the incident and announced that it was “directed against Christians”. The attack left three people dead and eight wounded.[53]
The Federal Office for the Protection of the Constitution (OPC), and Germany’s domestic intelligence services are monitoring several Muslim groups, which they suspect of furthering extremist goals.[54] Some of them have been designated terrorist groups, such as the Islamic State group, Hamas and Hezbollah, by various countries and international organisations.[55] In 2023, the OPC estimated that 2,380 people belonged to extremist Islamist groups in Germany.[56]
Another significant incident during the reporting period occurred on 20th December 2024, when an SUV was deliberately driven into a crowd at the Magdeburg Christmas market, resulting in six fatalities — including a nine-year-old child — and injuring at least 299 people. The suspect, Taleb Al-Abdulmohsen, a 50-year-old Saudi national who had lived in Germany since 2006 and was granted asylum in 2016, was arrested at the scene. Uncharacteristically for this type of attack, Al-Abdulmohsen was known for his anti-Islamic views and support for far-right ideologies.[57]
Prospects for freedom of religion
While Germany upholds religious freedom as a constitutional right and provides extensive legal protections for religious communities, recent developments highlight growing challenges. During the reporting period, there was a rise in antisemitic, anti-Muslim, and anti-Christian incidents that reflect increasing tensions and social divisions. The German government's response included stronger measures against antisemitism and extremism, demonstrating its commitment to safeguarding religious freedom.
Nonetheless, legal restrictions, such as bans on religious symbols for public employees and limitations on religious expression in public spaces, raise concerns about potential infringements on individual freedoms. The introduction of buffer zones around abortion clinics that criminalise religious activities like silent prayer has sparked a debate over the balance between protecting public order and upholding fundamental freedoms. The closure of churches due to vandalism and attacks also limits access to religious spaces, affecting the practice of faith by many Germans. As Germany navigates these complex issues, balancing security, social cohesion, and religious liberties remains a challenge for policymakers and society at large.
Sources
Germany