July 2023 eNewsletter
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Top German Court upholds freedom of assembly: prayer group may pray near abortion organization
- 40 Days for Life prayer group once again vindicated after being banned from praying near a facility of abortion organization Pro Familia
- The Federal Administrative Court’s decision stands in contrast to the federal government’s stated plans to ban prayer vigils and offers of assistance around abortion organizations throughout Germany
- ADF International lawyers have been working on the case for more than three years
LEIPZIG, GERMANY (June 22, 2023) – In a new ruling, the Federal Administrative Court in Leipzig confirms that blanket bans against peaceful prayer gatherings near abortion organisations are impermissible. Germany’s highest administrative court thus upholds freedom of assembly while Federal minister for Family Affairs Lisa Paus is planning to introduce censorship zones around abortion organisations. Paus announced a Germany wide ban on prayer vigils and offers of support.
The ruling, communicated on June 20th, ends the legal ordeal for a local prayer group in Pforzheim/Germany led by Pavica Vojnović. A regional court already had confirmed the group’s right to peaceful assembly in August 2022, which was appealed by the city of Pforzheim. The new ruling confirms that the city has no appeal.
“I’m truly relieved. Our prayers really help, as affected women have told us over and over. I am grateful that we can continue our prayer vigils. Every human life is precious and deserves protection,” said Pavica Vojnović after the decision was handed down. Vojnović’s legal defense was supported by ADF International.
Peaceful prayer banned
Twice a year, the 40 Days for Life group regularly gathered to hold silent prayer vigils in front of a Pro Familia abortion counseling facility—the German arm of Planned Parenthood which provides abortion-related counselling and performs and financially profits from abortions throughout Germany.
In 2019, the city of Pforzheim banned the prayer group, despite the four-lane-wide road separating the group from the Pro Familia building. The city prohibited the group from praying within eye and earshot of the abortion organization. Vojnović, the group’s leader, went to court to challenge the prohibition, arguing that it violated their right to freedom of assembly.
“The court in Leipzig has once again made clear that peaceful prayer vigils cannot be banned. In view of the clear findings of the court, the federal government would be well advised to abandon its plans to massively restrict fundamental rights in the vicinity of abortion organizations,” stated Dr. Felix Böllmann, Director of European advocacy for ADF International.
“Freedom of assembly and expression are cornerstones of democracy and the rule of law. That is why blanket bans on prayer assemblies based on mere allegations are contrary to fundamental rights. The courts have recognized this. Standing up for unborn children and peacefully expressing this opinion in front of abortion facilities cannot be banned by powerful lobby groups like pro familia,” said Tomislav Cunovic, Pavica Vojnović’s lawyer.
Böllmann who is ADF International’s lead lawyer on the case further noted: “The ruling upholds the fundamental importance of freedom of assembly and expression in the public square. The court has affirmed the fundamental right of Pavica and her group to come together to pray in peace. It is duplicitous and misleading to advance bans on prayer gatherings in the name of protecting women. The harassment of women is always, and already, a crime in Germany”.
Court ruling stands in contrast to the government’s plans to ban prayer vigils
Federal Minister for Family Affairs Lisa Paus has repeatedly announced a plan to restrict prayer and support services through “legal measures” in the vicinity of abortion-related facilities. Paus also plans to abolish section 218 of the German criminal code, which regulates abortions.
Court: “Freedom of assembly … constitutive for a free democratic state order”.
In its 2022 ruling, the Mannheim Administrative Court ruled that: that the “freedom of assembly … is constitutive for a free democratic state order.” In the Federal Administrative Court’s decision, the judges affirm: “It follows from the fundamental right to freedom of assembly that the holders of this right, in particular the organizer, may determine the place, time, type and content of the assembly.” The court firmly rejected prohibiting free expression: “Prohibitions for the purpose of preventing certain expressions of opinion because of their content are all the more excluded.”
“The economic self-interests of an organization like Pro Familia cannot take precedence over the German citizen’s fundamental right to freedom of assembly and expression. This most recent ruling sends a clear signal to Berlin that blanket bans on peaceful prayer vigils for women in vulnerable situations have no place in a free and democratic state,” said Böllmann.
“What we are seeing in India is a religious freedom crisis”—Human rights advocates call for end to religious persecution in India following Modi’s visit to US
- Violence against Christians and other religious minorities in India has escalated over recent years with dramatic upticks in 2022 and 2023
- ADF International is actively engaged in efforts to protect the human right to religious freedom for the people of India
WASHINGTON, DC (June 27, 2023) – India’s human rights record is in the spotlight with Prime Minister, Narendra Modi’s state visit to Washington D.C. last week. The visit, including an address to Congress, has prompted international religious freedom advocates to speak out on behalf of persecuted religious minorities in India.
Violence against Christians and other religious minorities in India has escalated over recent years, with dramatic upticks in 2022 and 2023, most recently in the northeast state of Manipur. Laws and policies at the national and state level severely hinder and restrict the liberties of minority religious groups in India, allowing for the harassment and targeted discrimination of minority religious groups by radical mobs throughout the country.
“What we are seeing in India is a religious freedom crisis,” said Sean Nelson, legal counsel for Global Religious Freedom for ADF International. “Christians and other religious minorities are systemically targeted in India by radical Hindu nationalist mobs, who carry out widespread violence and harassment with impunity. No person should be persecuted, harassed, or killed for simply living out their faith. The government of India should work to put an end to the violence and reform any laws that restrict freedom of religion and implicitly encourage such violence. President Biden and other world leaders should speak clearly about the deteriorating religious freedom conditions in India and encourage the Indian government to work to reverse this trend”.
Mass Chaos in Manipur
In May 2023, a violent clash between two ethnic communities erupted in Manipur. The clash was a result of an ongoing conflict between Manipur’s largely Hindu Meitei and largely Christian Kuki tribes, although the minority of Meiteis who are Christian have also been targeted.
From May 3rd to May 6th, large scale violence, looting and arson resulted in the loss of at least 100 lives, over 400 people injured, and left tens of thousands displaced from their homes. Religious symbols and places of worship were heavily targeted, with reports showing that over 250 churches were burned down or damaged. The state government failed to contain and subdue the violent situation in Manipur; the military was only deployed a few days after the first riots to prevent further violence and destruction. For the most part, it is aid organisations and volunteers who are assisting the victims on the ground, where the violence is continuing today. The government has offered small compensation to those whose family members have been killed by the violence, but no compensation offers have been made for those who have lost their homes, businesses, or have been injured during the violent attacks.
“In many cases, the mob has burned a church or house belonging to a Meitei Christian but has not damaged their neighbor’s door if they are not a Christian. Christians are facing hostility by the Meiteis on the basis that they are Christians,” explained a human rights lawyer and ally of ADF International, who is setting up emergency hotlines on the ground to offer help to those affected. The lawyer, whose name has been withheld for safety purposes, continued “The people are deeply shocked. Through our work, we want to help stop the violence in Manipur, protect religious institutions, allow Christians to practice their faith freely and facilitate compensation for survivors.”
Background
Religious freedom conditions in India have worsened in recent years. Laws at the local, state, and national levels, including anti-conversion laws, are discriminatory towards religious minorities, and contribute to a culture of unrest. These laws implicitly encourage mobs and vigilante groups to carry out violent campaigns, like those seen in Manipur and at the Broadwell Christian Hospital in Uttar Pradesh.
Laws like the Unlawful Activities Prevention Act and Sedition Act target religious freedom and expression. These laws suppress voices advocating for religious freedom through surveillance, harassment, demolition of property, and detention. Under these laws, many lawyers, journalists, and religious minorities have been harassed, detained, and prosecuted.
International religious freedom advocates, including USCIRF, have continually spoken out against the egregious and severe violations of religious freedom in India.