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ermany has obligations under international human rights law, as well as under German law, to protect the fundamental rights of all individuals within its territory. The Charter of the United Nations proclaims as one of the organization’s purposes: promoting and encouraging respect for human rights and for fundamental freedoms for all without distinction as to race, sex, language or religion.¹³²

In 1948, the General Assembly of the United Nations adopted the Universal Declaration of Human Rights, which “sets a common standard of achievement for all peoples and all nations.”¹³³ Article 18 of the Declaration as well as Article 9 of the European Convention on Human Rights both state:

Everyone has the right to freedom of thought, conscience and religion; this right includes freedom to change his religion or belief, and freedom, either alone or in community with others and in public or private, to manifest his religion or belief in teaching, practice, worship and observance.

In addition to guaranteeing the specific right to freedom of thought, conscience and religion, Article 2 of the Universal Declaration of Human Rights and Article 14 of the European Convention on Human Rights both contain the broader, fundamental principle of non-discrimination on grounds of religion:

Everyone is entitled to all the rights and freedoms set forth in this Declaration, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.

The rights in the Universal Declaration were subsequently confirmed and reinforced in two international treaties: the International Covenant on Economic, Social and Cultural Rights, and the International Covenant on Civil and Political Rights, adopted jointly by the General Assembly in 1966. Together, the Universal Declaration and these two Covenants, constitute the UN Bill of Rights.

Germany has ratified the International Covenant on Civil and Political Rights.¹³⁴ Article 18 of the International Covenant on Civil and Political Rights (ICCPR) closely follows the text of the corresponding article in the Universal Declaration, and elaborates on it:

Article 18

1. Everyone shall have the right to freedom of thought, conscience and religion. This right shall include freedom to have or to adopt a religion or belief of his choice, and freedom, either individually or in community with others and in public or private, to manifest his religion or belief in worship, observance, practice and teaching.

2. No one shall be subject to coercion which would impair his freedom to have or adopt a religion or belief of his choice.

3. Freedom to manifest one’s religion or beliefs may be subject only to such limitations as are prescribed by law and are necessary to protect public safety, order, health, or morals or the fundamental rights and freedoms of others.