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Federal Labor Court Proves U.N. Special Rapporteur Right – Decision Violates Due Process Rights; Represents Latest Example of Discrimination


The 1994 report of the United Nations Commission on Human Rights, condemning Germany for the first time since World War II for religious discrimination, had hardly been published when the German Federal Labor Court proved the U.N.’s Special Rapporteur right in matters of religious discrimination.

In a simple case, where the issue was a question of jurisdiction, the court grossly violated the fundamental due process principle of justice and, consequently, rendered a decision so biased and prejudiced that it has no precedence in modern German jurisprudence.

In his Fall 1994 report, the United Nations Special Rapporteur presented details of violations of the declaration on Elimination of all Forms of Intolerance and Discrimination Based on Religion or Conviction. While most countries, such as Afghanistan, Pakistan and Nigeria, are covered with half or at the most one page, the entry on Germany is three pages long and covers only one subject: The hate campaign against the members of the Scientology religion, sanctioned and carried forward by officials of the German government.

For the past 17 years, Germany’s courts have held invariably that Scientology is a religion and in many cases, the losing party was the government. Some years ago, therefore, government officials began a systematic “enlightenment” campaign to influence judges across the nation against the Church of Scientology so that courts would no longer assess the Church’s cases on their merits but would view and decide them in the way the government wanted it.

In 1995 and again in 1997, the Federal Administrative Court, upon seeing the actual evidence, clearly acknowledged that the Church of Scientology as a whole is a religious community and entitled to the protection afforded by the Religious Freedom clause of the German Constitution.
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