Administrative Court justifies restriction on freedom of religion at a Berlin grammar school

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21.10.2026

A secondary school in Berlin is permitted to prohibit the public performance of religious rites in its school regulations in order to maintain harmony within the school. This was the ruling of the Berlin Administrative Court (VG) (Case No. 3 K 710/25 of 15 October 2026).

 

The Society for Civil Liberties (GFF) had brought legal proceedings against this provision in the school regulations of the Berlin grammar school. It regarded it as a breach of the State Anti-Discrimination Act. Muslim pupils, in particular, were being prevented from practising their religion, as Islamic prayer requires specific, visible movements.  

 

The Administrative Court dismissed the claim. It held that the school regulations did not discriminate on the basis of religion, but merely prohibited the ostentatious performance of religious rites. Nevertheless, it confirmed that the regulation placed Muslim pupils at a particular disadvantage on the grounds of their religion. Nevertheless, the court considered the restriction on freedom of religion at this grammar school to be justified in order to fulfil the state’s educational mandate. According to the court’s press release, there had been repeated serious conflicts with a religious background at the school for some time. In this particular case, the aim of maintaining harmony within the school therefore carried greater weight than the infringement on freedom of religion associated with the unequal treatment.

DOMBERT Rechtsanwälte

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