Abstract

AbstractIn Article 7, paragraph 3, the German Constitution provides that religious education shall be a part of the curriculum of public school. This is one of the three approaches of dealing with religious education existing today. Originally, religious education as a regular subject at public schools in Germany was only offered by the two Christian Churches—Catholic and Protestant. As the number of Christians decreased and the number of Muslims increased, the demand for Islamic religious education at public schools grew. Therefore, the question arose whether the constitutional law concerning religion is capable of facing the new challenges of religious diversity. This Article tries to answer this question with regard to the introduction of Islamic religious education as a measure of adaptiveness. In the first step, the requirements of Article 7, paragraph 3 of the Constitution posed to religious education will be outlined in order to be able to examine in the second step whether Islamic religious education may be introduced at public schools as a regular subject. In this regard, the issue of the qualification of an umbrella association as a religious society and the constitutionality of the advisory board model will be discussed.

Highlights

  • In Article 7, paragraph 3, the German Constitution provides that religious education shall be a part of the curriculum of public school

  • Religious education as a regular subject at public schools in Germany was only offered by the two Christian Churches—Catholic and Protestant

  • The requirements of Article 7, paragraph 3 of the Constitution posed to religious education will be outlined in order to be able to examine in the second step whether Islamic religious education may be introduced at public schools as a regular subject

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Summary

Religious Education as a Regular Subject

Article 7, paragraph 3, sentence 1 stipulates that religious education has to be a regular subject at all public schools except in non-denominational schools. Article 7, paragraph 3 is the only rule in the German Constitution that prescribes a particular subject to be taught in schools. Religious education is not privileged in its rank and treatment compared to other subjects, but is secured in a specific way by the Constitution.. 311; THORSTEN KINGREEN & RALF POSCHER, GRUNDRECHTE para.786 (2018); Mückl, supra note 48, at 521. 311; Frauke Brosius-Gersdorf, Art. 7, in GRUNDGESETZ KOMMENTAR para.

Religious Education
Public Schools
Regular Subject
Implementation
In Accordance with the Principles of the Religious Society
Governmental Supervision
Scope of Application—So-Called LER in Brandenburg
Side Note
Islamic Religious Education
Requirements for Qualifying as a Religious Society
Advisory Body—Constitutional Problems
Findings
Résumé

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