5 Art. 4 GG: Freedom of Faith and Conscience

Abstract

This chapter discusses Art. 4 of the Grundgesetz (GG), which guarantees freedom of faith and conscience. Art. 4 para. 1 GG encompasses freedom to profess a religious faith, whereas Art. 4 para. 2 GG deals with freedom to practice a religion without interference. These fundamental rights are available to all persons. GG provides special protection for religious societies (Art. 140 GG in combination with Art. 136 et seq. of the Weimar Constitution). The chapter first considers the jurisprudence of the Federal Constitutional Court concerning the scope of protection for freedom of religion, taking into account the principle of state neutrality, and the constitutional justification for interference with religious freedom. It then explains the scope of protection for freedom of conscience, focussing on the conflict of norms between the state legal order and the freedom to act according to one's conscience.