For the first time in this form, the latest book by the lawyer and constitutional law expert Thomas Heinrichs is dedicated to the complex of topics relating to religion and ideology in the law of the Federal Republic of Germany, both at the constitutional and statutory level. The anthology contains eight essays on current topics such as the teaching of religion and ethics in schools, the integration of Islam and ecclesiastical labor law and provides a unique presentation of religious and ideological law with special consideration of the interests of non-denominational citizens. These now represent a good third of the population in Germany.
Thomas Heinrichs points to relevant examples of sometimes serious deficits and the need for reform and makes suggestions, also taking into account the framework conditions under European law. At the same time, he discusses the concept of Weltanschauung in German and European law, analyzes the sociological use of the term by the Federal Constitutional Court and the Federal Administrative Court, and presents philosophical-legal considerations on the relationship between religion or Weltanschauung and politics. Furthermore, Heinrichs outlines the “risk of discrimination based on worldview”, also on the basis of his expertise on the subject, which was commissioned and published last year by the Federal Anti-Discrimination Agency. His essays focus on the ecclesiastical nature of the law applied to religious and ideological communities in Germany and Europe, moral and value-forming education in schools and the privileged status of churches in German employment law. On the problem area of the ecclesiastical nature of laws and politics, Heinrichs states, among other things: “With regard to the church, the Federal Constitutional Court has repeatedly emphasized in several rulings that the choice of organizational form is part of the right of religious self-determination. This cannot apply differently to other religions or world views. A religion or belief may not be disadvantaged because of the form of organization it chooses for religious or ideological reasons.” And further: “The fact that the integration of non-church-organized religions and world views in Germany also requires a modification of the law has long been affirmed by lawyers. But nothing has happened so far – except that the courts have in some cases brought the interpretation of the law closer to reality. The state still expects religions and world views that are not organized in churches to conform to the pattern of the churches. This is neither legally nor politically justifiable,” says Thomas Heinrichs. Thomas Heinrichs
Religion and worldview in law – problem cases at the end of church dominance
Series Humanism Perspectives, vol. 2 Alibri Verlag, Aschaffenburg 2017 269 pages, paperback 22 euros ISBN 978-3-86569-271-9
