Press Release Munich / Erfurt, 27 April 2013
We are Church on
The Federal Labour Court judgment "Termination for leaving the church"
[German]
The church reform movement We Are Church opines that for the sake of the credibility of the Roman Catholic Church a review the right of self-determination of religious communities, which was taken over from the Weimar Constitution, is urgently required. The Catholic reform movement calls on all political parties and their Members of Parliament to finally undertake a review of Article 140 of the German Fundamental Law, given the recent judgment by the Federal Labour Court.
Article 140 of the Fundamental Law which was taken from the Weimar Constitution (Article 137 WRV) guarantees each religious community the right to arrange and manage their affairs independently, but within the limits of the law that is valid for all. For modern legal understanding this regulation leads to increasingly frequent conflicts between fundamental rights of the individual and the rights of an institutional religious community. So it is no longer acceptable that the churches and their associated charities may invoke at terminations of employees that they are facilities based on ideology (philosophy?), even in the cases when no religious content is taught. This is especially true given the fact that these facilities are state-funded in their totality or to a very large extent.