E/CN.4/1998/6/Add.2
page 7
alone. This cooperation is intended to benefit the religious entity in
question to the extent that its activities contribute to the service of the
State and to the public interest. Consequently, this religious entity must
not call in question the foundations of the State. According to the Tribunal,
the Jehovah's Witnesses, through their blanket refusal to take part in public
elections, are opposed to the principle of democracy. However, under the
Constitution, the public legitimacy essential for public action is primarily
conferred through elections, and notably parliamentary elections. By refusing
in principle to take part in this manifestation of public life, the Jehovah's
Witnesses undermine the basic legitimization of the State and, consequently,
cannot be recognized as a community in public law. The German authorities,
including the Federal Minister of Labour and Social Affairs, have nevertheless
stressed that the withholding of such status did not signify non-recognition
of the Jehovah's Witnesses as a religious community. The Jehovah's Witnesses
have, however, exercised their right of appeal to the Federal Constitutional
Court (see II.C).
20.
In the case of the applications by the Church of Scientology for the
granting of public-law status, Supreme Court decisions are still pending. In
the course of one procedure, the Federal Labour Court has had to deal with the
question whether a Scientology employee was a worker within the meaning of the
right to work. In this context, the Court decided that the Scientology
organization was an economic undertaking (see II.D).
21.
Recognition of the status of legal person in public law is a question
also facing Muslims and, according to the authorities, is being hampered by
the absence of a single spokesman for the whole of this community (see II.B).
22.
Apart from the question of the status of cults, the Constitution, in
article 140 (Weimar Constitution, art. 137, para. 3), guarantees the right to
freedom of management. Every cult can deal with its own affairs in an
autonomous manner, irrespective of its legal status. This autonomy applies to
religious education, appointment to office, religious service and the
organization of charitable activities.
II.
IMPLEMENTATION OF LEGISLATION AND POLICY RELATING TO
TOLERANCE AND NON-DISCRIMINATION IN THE FIELD OF
RELIGION OR BELIEF
23.
The Special Rapporteur has endeavoured to give a description of the
situation with regard to religion and belief, and to examine the situation of
religious minorities, and other groups and communities in the field of
religion and belief, and the situation of the Church of Scientology.
A.
Situation with regard to religion and belief
24.
The Special Rapporteur was unable to obtain recent statistics on the
religion or belief of Germans or persons living in Germany, since no official
statistics are compiled on these questions.
25.
According to estimates gathered by the Special Rapporteur, Christianity
constitutes the majority religion by number of believers. The Protestant and