The case of Germany

Abstract

This contribution deals with constitutional and other legal questions concerning the role of religion in elementary and secondary state schools. The author gives a short overview of the historic development so far and continues by discussing current legal problems in regard to religious instruction as part of the regular curriculum (with the right of parents and students to opt out). As far as the conveying of religious values in school and the expression of religious convictions by teachers and students are concerned the author outlines conflicting constitutional positions, in particular the principle of state’s religious neutrality in school. He takes up furthermore new legal challenges by the growing presence of Muslim students in schools.

Dr. jur. utr. Hermann Avenarius is Professor of Public Law and Administration at the German Institute for International Educational Research in Frankfurt am Main. He has studied law, history and political science at the Universities of Munich, Bonn, Cologne and Freiburg. Avenarius has worked as a legal and constitutional advisor in several countries in Europe, Africa, Asia and Latin America. Most of his publications deal with questions of education law. His most important book is “Schulrechtskunde” (Handbook on German School Law) which has been published 2000 in its 7^th edition. Moreover, he has published books on general legal aspects, e.g. “Einführung in die Rechtsordnung der Bundesrepublik Deutschland” (Introduction to the legal system of the Federal epublic of Germany) which appeared in its 3rd edition in 2001.