Institute for Weltanschauung

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The Institute for Weltanschauungsrecht (ifw) is an institution of the Giordano Bruno Foundation founded on February 11, 2017 in Oberwesel . The ifw promotes secular legal policy and advocates the constitutional requirement of ideological neutrality of the state.

Foundation, goals and tasks

The institute emerged in February 2017 from the Giordano Bruno Foundation (gbs) litigation aid fund donated by Ernst-Heinrich Ahlf. The ifw prepares legal cases in ideological law, accompanies those affected in court proceedings and makes reform proposals for legal policy.

In the opinion of the institute, the constitutionally prescribed neutrality of the state in questions of ideology in politics, legislation , jurisprudence and administration is often disregarded. However, only an ideologically neutral state can guarantee that its citizens live in freedom and equality and are not discriminated against on the basis of their worldview. No ideological community should stand above or next to the law. Religious freedom is covered by the right to freedom of belief . In a modern constitutional state, restrictions on freedom and support measures should only be used to maintain or strengthen such legal interests, the priority of which the legislature can justify from the point of view of justice in a neutral (cross-world view) and rational (evidence-based and logically stringent). Philosophical neutrality is thus an objective constitutional requirement that sets clear limits to state action.

In its mission statement, the institute declares that it will seek cooperation with all those who advocate rationally justified, evidence-based, ideologically neutral and fair legal norms, regardless of the different religious or non-religious preconceptions. The ifw sees itself as politically independent, non-partisan and not commercially oriented.

Members

The coordinator is Jacqueline Neumann.

The board of directors consists of Thorsten Barnickel, Gerhard Czermak , Jacqueline Neumann, Winfried Rath, Michael Schmidt-Salomon .

The advisory board includes Ernst-Heinrich Ahlf, Ninon Colneric , Michael Hassemer , Johann-Albrecht Haupt , Rolf Dietrich Herzberg , Eric Hilgendorf , Martin Kutscha, Ingrid Matthäus-Maier , Reinhard Merkel , Till Müller-Heidelberg, Ulfrid Neumann , Bodo Pieroth , Holm Putzke , Eberhard Reinecke, Robert Roßbruch , Jörg Scheinfeld , Rolf Schwanitz , Johannes Wasmuth.

activities

The institute's activities combine legal research and popular science education with legal policy demands. This includes scientific studies, expert opinions and statements at the request of parliaments , governments , administrations and courts - at national level (e.g. Federal Constitutional Court ), but also at European level (e.g. European Court of Human Rights ). Through lectures and symposia, it contributes to the networking of secular and humanistic lawyers at national, European and international level. The activities include:

Writings on Weltanschauung

In the series “Schriften zum Weltanschauungsrecht” published by Nomos Verlag , the ifw publishes articles on fundamental issues and current developments in constitutional, tax, labor and criminal law from the perspective of the secular, ideologically neutral constitutional state of the Basic Law. The series of publications includes monographs and anthologies, edited by Jacqueline Neumann, Gerhard Czermak , Reinhard Merkel , and Holm Putzke .

Online encyclopedia on Weltanschauung

The online encyclopedia on Weltanschauungsrecht offers explanations of over 100 concepts of belief law such as enlightenment, the Böckenförde dilemma , headscarves, human rights, military pastoral care, neutrality, abortion, self-government, state church treaties , freedom of belief and belief.

Online commentary on BVerfG decisions

The ifw offers what it claims to be the most extensive publicly accessible collection of ideological decisions of the Federal Constitutional Court (BVerfG) with commentary.

Legal cases

Collection of court and administrative decisions (selection):

  • Section 219a of the Criminal Code and information about the medical service of the termination of pregnancy: The case of the doctor Kristina Hänel
  • Legal action for compensation under the Victims Compensation Act (OEG) due to sexual abuse by Catholic clergy
  • Lawsuit against the Bavarian cross obligation
  • Obligation to participate in roll calls in front of a life-size wooden cross in a Bundeswehr barracks
  • Freedom of Expression : The Hamed Abdel-Samad / Facebook Ireland Ltd. case
  • Twitter blockade and Art. 5 Basic Law: The ifw case against the Thuringian Prime Minister
  • Constitutional complaint "Recognition of pirate headscarves as ideological headgear": Violation of Art. 4 of the Basic Law because the Church of the Flying Spaghetti Monster Germany eV denies the belief that it is ideological
  • The case of Mr. and Mrs. X against the Evang.-Luth. Church tax office : why a Muslim woman pays church tax
  • The case of Mr B against the Archdiocese of Berlin : Why a non-denominational French pays church tax in Germany
  • The case of Mrs. X against the Evangelical Church Berlin-Brandenburg : Decline of church tax liability with the demise of the GDR?
  • The case of Mr Zare against the BAMF : Asylum for ex-Muslims

Freedom of Information Act

Collection of inquiries and official answers according to the Freedom of Information Act (IFG) (selection):

  • Bundeswehr: Life science lessons by the military pastoral care and expansion of military pastoral care
  • Reaction of the Foreign Minister of State, Niels Annen MdB (SPD), to statements by the caliph of the Ahmadiyya Muslim Jamaat on October 22, 2019 in Berlin
  • BMZ funding for church aid projects
  • Ecclesiastical labor law: Participants and statements by Federal Constitutional Judges in the "Essen Talks on the State and Church"
  • Information on the consideration of occultism by the BMAS within the framework of the Victims Compensation Act SGB 13 and SGB 14
  • Rule of law in the management of files and special aspects of compliance with the constitutional requirement of religious and ideological neutrality by the Defense Commissioner of the German Bundestag
  • Information from the Federal Chancellery in connection with cases of sexual abuse in the area of ​​the Catholic Church from 2010

Germany-wide criminal complaints against sexual offenders of the Catholic Church (2018)

Criminal law professors Holm Putzke, Rolf Dietrich Herzberg, Eric Hilgendorf, Reinhard Merkel, Ulfrid Neumann and Dieter Rössner filed criminal charges with the public prosecutor's offices responsible for the 27 dioceses in Germany on October 26, 2018 in conjunction with the Institute for Weltanschauungsrecht (ifw) are. The occasion was the study of sexual abuse of minors by Catholic priests, deacons and male religious in the area of ​​the German Bishops' Conference . In their eleven-page justification, the professors explain that in the case of the Catholic abuse scandal there is a compelling reason to initiate “investigative measures to transfer the perpetrators”, for example “for a search of archives and the confiscation of the complete, non-anonymized files”. They criticize "how cautious the state and the public have (so far) dealt with the alarming initial suspicion of serious crimes". This may be due to an “intuitive idea of ​​the sacrosanct independence of the church” prevailing in Germany. With the exclusive report “How the Church hinders criminal prosecution”, Der Spiegel kicked off a nationwide media coverage of the criminal charges. In May 2019, the Neue Juristische Wochenschrift (NJW) published the article “Initial suspicion when reported against unknown persons. Clerical child abuse and the principle of legality ", in which the authors Scheinfeld / Willenbacher assess the reaction of public prosecutors and ministers of justice and draw the conclusion:" After all, following the MHG study there could only have been one correct decision for the public prosecutor's offices in the dioceses: preliminary investigation to initiate against unknown persons - so that the abuse of wards and minors as well as aiding and abetting can be punished. Instead, the investigation was refused, in some cases with inconsistent justifications, and this chance was frivolously wasted and accepted that evidence would be removed and destroyed. "

Web links

Individual evidence

  1. ↑ Chronicle. Accessed March 31, 2020 .
  2. ↑ Weltanschauung. Accessed March 31, 2020 .
  3. ↑ Mission statement. Accessed March 31, 2020 .
  4. ↑ ifw. Board of Directors and Advisory Board. Retrieved June 8, 2020 .
  5. ^ Lexicon. Accessed March 31, 2020 .
  6. ↑ Decisions of the BVerfG with comments. Accessed March 31, 2020 .
  7. ↑ Legal cases. Accessed March 31, 2020 .
  8. ↑ § 219a StGB and information about the medical service of the termination of pregnancy: The case of the doctor Kristina Hänel. Accessed March 31, 2020 .
  9. ^ Lawsuit for compensation according to OEG for abuse in a Catholic home. Accessed March 31, 2020 .
  10. ↑ Goodbye state neutrality? Lawsuit against the Bavarian cross obligation. Accessed March 31, 2020 .
  11. ^ "Service under the cross" in the Bundeswehr: The case of Mr. K. Retrieved on March 31, 2020 .
  12. ↑ Freedom of Expression: The Hamed Abdel-Samad / Facebook Ireland Ltd. case Accessed March 31, 2020 .
  13. ↑ Twitter blockade and Art. 5 Basic Law: The ifw case against the Thuringian Prime Minister. Accessed March 31, 2020 .
  14. ^ Constitutional complaint: recognition of pirate headscarves as ideological headgear. Accessed March 31, 2020 .
  15. ↑ Why a Muslim woman pays church tax: The case of Mr. and Mrs. X against the Evang.-Luth. Church tax office. Accessed March 31, 2020 .
  16. ↑ Why a non-denominational French pays church tax in Germany: The case of Mr B against the Archdiocese of Berlin. Accessed March 31, 2020 .
  17. ^ Downfall of church tax liability with the downfall of the GDR? The case of Mrs. X against the Evangelical Church Berlin-Brandenburg. Accessed March 31, 2020 .
  18. ↑ Asylum for ex-Muslims: The case of Mr. Zare against the BAMF. Retrieved April 1, 2020 .
  19. ↑ Freedom of Information Act. Accessed March 31, 2020 .
  20. ↑ IFG-Inquiry: Bundeswehr: Life science lessons by the military chaplaincy and expansion of the military chaplaincy. Accessed March 31, 2020 .
  21. ↑ IFG inquiry: Reaction of the Minister of State in the Foreign Office, Niels Annen MdB (SPD), to statements by the caliph of the Ahmadiyya Muslim Jamaat on October 22, 2019 in Berlin. Accessed March 31, 2020 .
  22. ↑ IFG inquiry: BMZ funding for church aid organizations. Accessed March 31, 2020 .
  23. ↑ IFG-Inquiry: Ecclesiastical Labor Law: Participants and statements by Federal Constitutional Judges in the “Essen Talks on State and Church”. Accessed March 31, 2020 .
  24. ↑ IFG inquiry: Information on the consideration of occultism by the BMAS within the framework of the Victims Compensation Act SGB 13 and SGB 14. Accessed on March 31, 2020 .
  25. ↑ IFG-Inquiry: Rule of law of filing and special aspects of compliance with the constitutional requirement of religious and ideological neutrality by the Defense Commissioner of the German Bundestag. Accessed March 31, 2020 .
  26. ↑ IFG inquiry: Information from the Federal Chancellery in connection with cases of sexual abuse in the area of ​​the Catholic Church from 2010. Accessed on March 31, 2020 .
  27. ↑ Germany-wide criminal complaints against sexual offenders of the Catholic Church. Accessed March 31, 2020 .
  28. ^ Ann-Katrin Müller, Christoph Koopmann, Melanie Amann: How the Catholic Church hinders criminal prosecution. In: DER SPIEGEL. October 26, 2018, accessed April 1, 2020 .
  29. ↑ Jörg Scheinfeld, Sarah Willenbacher: Initial suspicion when reported against unknown persons. Clerical child abuse and the principle of legality. In: Neue Juristische Wochenschrift (NJW) 19/2019. May 2, 2019, accessed March 31, 2020 .

Coordinates: 50 ° 6 ′ 14.9 ″  N , 7 ° 43 ′ 49.6 ″  E