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Jewish and Muslim Claims to Religious Freedom, Participation, and Benefits Under Article 4 (1) and (2) of the German Basic Law – and Their Constitutional Limits
Author(s): Heinig, Hans Michael
Editor(s): Gliszczyńska-Grabias, Aleksandra; Hacohen, Aviad
Date: 2025
Topics: Law and Justice, Main Topic: Other, State and Government: Relations with Religion, Comparisons: Between Jews and Non-Jews, Minority Rights, Issues and Politics
Abstract: This chapter examines the protection of religious minorities under German constitutional law using the example of Jews and Muslims. To this end, the current legal instruments are presented and, in particular, the mode of operation of religious freedom under the Basic Law is explained. Its individual protection dimension is presented using several examples, as well as its cooperative dimension. In addition to the separation of state and religion, German constitutional law on religion is also characterised by cooperative elements, which in themselves are subject to the principle of equality. The forms of cooperation between the state and Muslim and Jewish religious organisations are traced. The chapter also addresses deficits in implementation in legal practice.