E/CN.4/1998/6/Add.2
page 3
INTRODUCTION
1.
From 17 to 27 September 1997, the Special Rapporteur on the question of
religious intolerance, in accordance with his mandate, visited Germany at the
invitation of the German Government.
2.
In the course of his visit, the Special Rapporteur travelled to Berlin
(17, 18 and 20 September), Potsdam (19 September), Lutherstadt-Wittemberg
(21 September), Magdeburg (21 September), Bonn (22-24 and 27 September),
Munich (27 September), Karlsruhe (26 September) and Frankfurt (27 September).
3.
He held talks with official representatives at the federal and Land
levels, including senior political leaders and senior officials and experts in
the fields of foreign affairs, justice, the interior, labour and social
affairs, education, youth and sports, science, research and culture, finance,
the family and women, and elderly persons. Consultations were also held with
members of parliament, presidents of parliaments, including the President of
the Bundestag, and members of the German Bundestag's Study Commission on sects
and so-called psycho-groups, and with the Federal Constitutional Court and
Federal Labour Court.
4.
The Special Rapporteur also talked to representatives of the Catholic
and Protestant Churches and the Jewish, Orthodox and Muslim minorities, and
with the Bhagwans, Baha'is, Hare Krishnas, Mormons, Jehovah's Witnesses, the
Church of Unification and the Church of Scientology. Non-governmental
organizations, in particular those providing assistance to victims of sects
and psycho-groups, and academics and eminent independent persons were also
consulted. Places of worship were visited.
5.
The Special Rapporteur wishes to thank the German authorities for their
excellent cooperation during the preparations for the visit and during the
visit itself. He is also very grateful to the various senior governmental and
non-governmental spokesmen whom he met.
6.
During his visit the Special Rapporteur devoted particular attention to
the study of legislation relating to tolerance and non-discrimination in the
field of religion or belief, its enforcement and the policy in force.
I.
LEGISLATION RELATING TO TOLERANCE AND NON-DISCRIMINATION
IN THE FIELD OF RELIGION OR BELIEF
A.
General constitutional guarantees relating to
freedom of religion and belief
7.
Freedom of religion and belief is guaranteed by article 4 of the
Constitution in the following terms:
“(1) The freedom of belief and conscience and the freedom to profess
religious and philosophical beliefs are inviolable.
“(2)
The free practice of worship is guaranteed.”