8 - Germany: The Vaterland

Summary

Begins by considering the principle of state neutrality, briefly sketching its history and contemporary policy context with particular reference to multiculturalism and diversity. The first section of the case law study examines state neutrality in relation to the fundamental freedoms: the rights to freedom of religion, association/assembly and to expression, giving particular attention to the concepts of “religion” and “belief” and to the intersect between fundamental rights and the church–state relationship. The second stage then studies the effects of equality and non-discrimination legislation on the laws relating to family matters and reviews the associated case law. Maintaining the same equality focus, the third stage traces case law developments at the interface between church–state and areas of everyday life including education, employment, healthcare and retail services. The chapter concludes with a section that considers the role of state neutrality in relation to the religious dimension undeniably present in the current twin issues of terrorism and the migrant crisis.