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Germans To Put Muslims Through "Loyalty" Test---WTF?

 
 
Walter Hinteler
 
  1  
Reply Mon 2 Jan, 2006 01:52 am
Finn d'Abuzz wrote:
While of (partial) German descent, I am no expert on German law, and yet I find it hard to believe that so enlightened a nation as Germany prohibits any and all discrimination.


That's our Basic Law.:

Quote:
Article 3 [Equality before the law]
(1) All persons shall be equal before the law.

(2) Men and women shall have equal rights. The state shall promote the actual implementation of equal rights for women and men and take steps to eliminate disadvantages that now exist.

(3) No person shall be favored or disfavored because of sex, parentage, race, language, homeland and origin, faith, or religious or political opinions. No person shall be disfavored because of disability.
0 Replies
 
Finn dAbuzz
 
  1  
Reply Mon 2 Jan, 2006 01:53 am
Walter Hinteler wrote:
I'm sure, everyone who read this thread and the quoted sources should have seen that by her- and hisself.



????????????????

Note to Walter: The quote function helps place comments in context.
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Walter Hinteler
 
  1  
Reply Mon 2 Jan, 2006 01:56 am
Finn d'Abuzz wrote:


Note to Walter: The quote function helps place comments in context.


You may not be aware of it, but I've been on this site quite some time.

I'd thought that you you were able to notice that it was a direct reply to your own, above response.

Sorry. I'll try to follow your kind advice the next time.
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Finn dAbuzz
 
  1  
Reply Mon 2 Jan, 2006 02:10 am
Walter Hinteler wrote:
Finn d'Abuzz wrote:
While of (partial) German descent, I am no expert on German law, and yet I find it hard to believe that so enlightened a nation as Germany prohibits any and all discrimination.


That's our Basic Law.:

Quote:
Article 3 [Equality before the law]
(1) All persons shall be equal before the law.

(2) Men and women shall have equal rights. The state shall promote the actual implementation of equal rights for women and men and take steps to eliminate disadvantages that now exist.

(3) No person shall be favored or disfavored because of sex, parentage, race, language, homeland and origin, faith, or religious or political opinions. No person shall be disfavored because of disability.


It seems to me that you are interpreting, rather than stating German law when you contend that Baden-Württemberg is in violation of German law.

It is certainly not unreasonable to suggest that Baden-Württemberg is "disfavoring" Muslim applicants for citizenship when it requires a special questionnaire from them, but it is not certain.

In any case, I am clearly correct that German law does not prohibit any and all discrimination. It is good to know that in the land of (some of) my forefathers, one is allowed to disfavor poisonous mushrooms.
0 Replies
 
Finn dAbuzz
 
  1  
Reply Mon 2 Jan, 2006 02:22 am
Walter Hinteler wrote:
Finn d'Abuzz wrote:


Note to Walter: The quote function helps place comments in context.


You may not be aware of it, but I've been on this site quite some time.

I'd thought that you you were able to notice that it was a direct reply to your own, above response.

Sorry. I'll try to follow your kind advice the next time.


OK Walter, no need to get your Teutonic panties in a wad.

Let's follow the sequence of posts:

dlowan wrote:

I think Walter is saying that accusations that GERMANY (ie the whole country) is discriminating against Muslims are inaccurate...but that accusations that Baden-Württemberg is discriminating against them ARE accurate.

It seems that the federal government is condemning the state's actions, Walter...can they affect the new rules made by Baden-Württemberg?


finn wrote:

I'm sure that Walter appreciates your translation services.


walter wrote:

I'm sure, everyone who read this thread and the quoted sources should have seen that by her- and hisself.


finn wrote:

????????????????


Someone would have to understand the Walter post to place it in it's proper sequence. I defy anyone to say they do.
0 Replies
 
Walter Hinteler
 
  1  
Reply Mon 2 Jan, 2006 02:28 am
Finn d'Abuzz wrote:
It seems to me that you are interpreting, rather than stating German law when you contend that Baden-Württemberg is in violation of German law.

It is certainly not unreasonable to suggest that Baden-Württemberg is "disfavoring" Muslim applicants for citizenship when it requires a special questionnaire from them, but it is not certain.

In any case, I am clearly correct that German law does not prohibit any and all discrimination. It is good to know that in the land of (some of) my forefathers, one is allowed to disfavor poisonous mushrooms.


As far as I know, the German Basic Law generally is thought to be used by intepretation of its articles. They just give the general direction. (If it was the way you sugggest, we would hardly need a Federal Court of the Constitution.)



The Baden-Württemberg Government (here: the Interior Ministry) has of course the opinion that their bye-law doesn't sicriminate and violate the Basic Law. This was explicite said in a Press Release as of December 14, 2005.
0 Replies
 
Walter Hinteler
 
  1  
Reply Mon 2 Jan, 2006 02:31 am
NB: The state constitution of the state of Baden-Württemberg of course includes all human and other rights from the Federal Basic Law (article 2 of the BW state constituion)
0 Replies
 
Finn dAbuzz
 
  1  
Reply Mon 2 Jan, 2006 02:47 am
Walter Hinteler wrote:
Finn d'Abuzz wrote:
It seems to me that you are interpreting, rather than stating German law when you contend that Baden-Württemberg is in violation of German law.

It is certainly not unreasonable to suggest that Baden-Württemberg is "disfavoring" Muslim applicants for citizenship when it requires a special questionnaire from them, but it is not certain.

In any case, I am clearly correct that German law does not prohibit any and all discrimination. It is good to know that in the land of (some of) my forefathers, one is allowed to disfavor poisonous mushrooms.


As far as I know, the German Basic Law generally is thought to be used by intepretation of its articles. They just give the general direction. (If it was the way you sugggest, we would hardly need a Federal Court of the Constitution.)


The way that I have suggested is that there is a superior judicial body, and not an A2K poster, that will decide whether or not Baden-Württemberg has violated a overriding federal law.

Am I wrong?
0 Replies
 
Walter Hinteler
 
  1  
Reply Mon 2 Jan, 2006 03:04 am
I guess, at first some administrational court will have to such, and they will then send the case either to the state or federal constitutional court.

As said before, it's also possible that it will be directly solved by the constituional court.


Generally, you are of course correct.

However, since authorities in Baden-Württember (both on state as in particular on local level seem to try to avoid any legal 'battle' by not using all questions noted in the bye-law, this even might work without going to courts.
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revel
 
  1  
Reply Mon 2 Jan, 2006 08:07 am
I am looking forward to the update on this, Walter. I hope that it don't stick and the ones bringing the questionnaire drop it themselves, failing that, I hope the federal courts of Germany rule it is discrimination.
0 Replies
 
Walter Hinteler
 
  1  
Reply Mon 2 Jan, 2006 08:47 am
Well, actually we'll have to wait: it was a - regional - issue before christmas.

Might be, after it got international attraction, something more will happen ... at least, before legal steps are considered.

As CJ earlier pointed out, Germany has never been an immigration until a couple of years ago.
And even now, the conservatives negate that we became one.
This added to the 'special' strong anti-Muslim attitude of the conservative Baden-Württemberg government and conservative party - well, a lot may be reasoned be it.
0 Replies
 
dlowan
 
  1  
Reply Mon 2 Jan, 2006 02:37 pm
What changed things, Walter?

You guys have had Gast Arbeiter for a long time, no?


What made germany decide to give citizenship more, if that is what happened?
0 Replies
 
CalamityJane
 
  1  
Reply Mon 2 Jan, 2006 03:27 pm
I haven't lived in Germany for a very long time, but
I think the EU regulations have made it easier to
obtain a German citizenship, mainly for EU members.
Not long ago, one had to be living at least 15 years in Germany
before even applying for citizenship, now it's 8 years.
Now, one can have dual citizenship, when I became an US
citizen (B.C.) I had to relinquish my German one.

As far as I remember, the "Gastarbeiter" from Italy, Spain
and other European nations integrated quite nicely, Muslims
don't for the most part. It does create more friction.

I remember one incident in Munich: the local Muslim women wanted to join a public swimming pool. Their religion prohibits unisex swimming pools. The Muslim community officially demanded from the city to have every other Saturday dedicated to its Muslim women.
The city did agree to such a request, however not on Saturdays, as the weekends are also popular swimming days for other residents of Munich.

After much negotiations they settled for a weekday, and the
Muslim women could enjoy the public swimming pool alone without interference, however, it did leave a sour note with the Muslim community
regardless.
0 Replies
 
Walter Hinteler
 
  1  
Reply Mon 2 Jan, 2006 03:28 pm
dlowan wrote:
What changed things, Walter?

You guys have had Gast Arbeiter for a long time, no?


What made germany decide to give citizenship more, if that is what happened?


This is quite a complex theme.
And a controversial one as well.

Germany really didn't exist before 1871, as one nation at least.

People from German "country/state", however, immigrated all over the centuries to another one.
Reasons were mostly "work", like in the bigger towns, and, later, in the industrial regions.

The Ruhr district is often quoted as THE Polish immigation region. (And even about 1930/40 some football teams from there had 90%+ players with Polish names.)
But this is not true, de jure at least, since those Polish immigrants actually were persons WITH a German passport (but of Polish origin and mostly not German speaking in the first generation).

In late 19th/early 20th century, besides those, servants, maids and nannies from Bohemia, members of the Russian aristocracy and bourgeoisie after the Bolshevik revolution, day laborers from Austria's Alpine regions, and textile workers from Italy came to Germany.

Those, who stayed here, were gradually accepted, which wasn't really aproblem due to the relatively low number.

This changed with the 'Gastarbeiter', starting in the late 50's: those persons were not seen as immigrants but as ... well, perhaps a kind of 'long-term-saisonal-workers'. [Personally, I'd had always a different view, accepted them as neighbours like other Germans.]

In the 70's (1973, I think), foreign labor recruitment was suspended - but these persons (mostly) didn't only stay here, but meanwhile their wives, children, relatives had arrived here as well.
Additionally, a large and steadily increasing number of asylum numbers.

Instead of accepting this, trying to change laws and - much more important - MIND, Germans generally and politicans especially negated that we had become an immigration country.

From 1980 onwards, hundredthousands Germans of Polish, Russian, Romanian, Siberian etc origin arrived here. (More than four million ethnic Germans!)

Between the mid-50s and 2000, 25 million foreigners came to Germany. During the same period, 18.5 million foreigners left the country - a net gain of 6.5 million immigrants in 50 years.

Instead of accepting this, trying to change laws and - much more important - MIND, Germans ... see above.

And now, politicans are paddling from one side to the other, without any clear concept.

The general public (whoever that is) is divided - like elsewhere in the worls, I think.
And like elsewhere, conservatives have a more nationalistic view than others.
No-one should tell me, we had learnt from history: not only that we didn't, we don't know even it.


Quote:
Germany, a country with a history of social turbulence, is now struggling to legislate and integrate its rapidly changing, increasingly multicultural society. In the years to come, Germany's political and social reforms will likely redefine what it means to be German.


From an essay by an American young journalist (from 2001).


This 'redefining' obviously takes quite some time, with changing to´pics and different results.

I'm not sure, when and where it will end. But hopefully, we will find our solution.


I don't think, deb, I've answered your question(s), and I have to admit, I couldn't respond to my own about this since more than 40 years.

Anyway, I live in a daily struggle with Mrs. Walter, whose is an immigrant from the Rhineland; so I'm not any better than others :wink:
0 Replies
 
Finn dAbuzz
 
  1  
Reply Mon 2 Jan, 2006 06:21 pm
revel wrote:
I am looking forward to the update on this, Walter. I hope that it don't stick and the ones bringing the questionnaire drop it themselves, failing that, I hope the federal courts of Germany rule it is discrimination.


What would you think about it if it was not restricted to Muslims?
0 Replies
 
Finn dAbuzz
 
  1  
Reply Mon 2 Jan, 2006 06:29 pm
Walter

How confident are you that Germany, and all of Western Europe for that matter will, will come to a peaceful and mututally agreeable accomodation with its Muslim immigrants?

How far do you think the average German is prepared to go to facilitate the accomodation?

Turning over municple swimming pools to Muslim women twice a month isn't much of a sacrifice, but somehow I doubt the demands will end there.
0 Replies
 
Thomas
 
  1  
Reply Mon 2 Jan, 2006 06:40 pm
(Responding to Lash's initial post, haven't read the other responses yet.)

I was born in the state of Baden-Württemberg, my parents still live there, and this is the first time I heard of this test. The article gets several facts wrong -- for instance, since Baden-Württemberg is a state, it does not have a foreign ministry -- I am unwilling to take the authors word for the facts he is reporting.

What I did hear about are suggestions that immigrants are to swear an oath on the German constitution before they receive the German citizenship. This hasn't been a requirement in Germany before now, but has a long tradition in other countries such as the United States.
0 Replies
 
Finn dAbuzz
 
  1  
Reply Mon 2 Jan, 2006 06:43 pm
Thomas

If you'd like, I would also be pleased to hear your responses to the questions I've just asked Walter.
0 Replies
 
Thomas
 
  1  
Reply Mon 2 Jan, 2006 06:55 pm
Finn d'Abuzz wrote:
How confident are you that Germany, and all of Western Europe for that matter will, will come to a peaceful and mututally agreeable accomodation with its Muslim immigrants?

Overall, we already are in a peaceful and mutually agreeable accomodation with our Muslim immigrants. Germany is a far shot from Utopia, and animosities do exist; but I would say that the tensions between our Muslim population (mostly Turkish) and the 'indiginous' Germans are rather more relaxed than race relations in America, or abortion threads on A2K. (Not that the latter is saying much.)

Finn d'Abuzz wrote:
Turning over municple swimming pools to Muslim women twice a month isn't much of a sacrifice, but somehow I doubt the demands will end there.

I haven't researched this particular question. But if somebody starts a "Muslim Swimming Club", I don't see why municipal authorities wouldn't turn the swimming pool over to them just like they would to any other swimming club.
0 Replies
 
Walter Hinteler
 
  1  
Reply Mon 2 Jan, 2006 11:17 pm
Thomas, there are some links I gave above.

I didn't notice anything about that as well, until Lash posted it here.

And actually, it has been published just in a few media in the state of Baden-Württemberg - I couldn't find anything in national published papers (or online media) until today.


Quote:
Turning over municple swimming pools to Muslim women twice a month isn't much of a sacrifice, but somehow I doubt the demands will end there.

Our local pools are turned over to various groups - from handicaped to women past cancer to 80+ seniors, why not to a Muslim group (which I haven't heard as a demand yet).
0 Replies
 
 

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