Germany’s Use of “Faith-Breaker” Declarations Draws Scrutiny

Brussels – In the decades leading up to and during World War II, several European regimes implemented policies requiring individuals to declare their ideological or religious affiliations as a precondition for employment, professional licenses, or public contracts. Most notably, Nazi Germany institutionalized such measures to exclude Jews and other targeted groups from public life, enforcing laws like the 1933 Law for the Restoration of the Professional Civil Service, which systematically removed Jews and political opponents from civil service. These requirements fostered widespread social acceptance of exclusion and discrimination, laying the administrative groundwork that facilitated the Holocaust. Similar practices appeared in Fascist Italy, Francoist Spain, Vichy France, and Soviet-aligned Eastern European states, where loyalty to the ruling ideology or religion was demanded, marginalizing minorities and reinforcing authoritarian control.

Today, in democratic Germany, a similar mechanism has quietly resurfaced. A growing number of public tenders—more than 3,465 since 2014 (and 232 since January 2025)—require applicants to sign so-called “Faith-Breaker” declarations. These clauses force companies to explicitly renounce any association, direct or indirect, with the Church of Scientology, including connections held by employees or subcontractors, forcing them to not hire individual scientologists even if perfectly qualified for the jobs, which at the same times gets the companies to ask each of their employees if they are or not Scientologists if they want to work with them.

While Germany does not classify Scientology under its state church law framework (which requires any religion to provide list of members and pa church tax), the religion has been consistently recognized in hundreds of court decisions across the country and throughout Europe—including rulings by the European Court of Human Rights. In addition, UN Special Rapporteurs on Freedom of Religion or Belief and on Minority Issues have affirmed the group’s protection under international human rights standards.

More than 200 faith breakers in 2025

Despite this, discrimination persists. In a tender published as recently as June 27th 2025 by Bavaria Tax Office for cleaning services—bidders were required to include a “Scientology Protective Declaration” to be considered as elegible. This requirement appeared alongside standard documents like financial statements and insurance certificates, embedding religious exclusion into the basic functioning of public administration.

The declaration that the bidder is forced to sign, to discriminate Scientologists:

A Discriminatory Barrier to Work

The implications are troubling. By requiring applicants to disassociate themselves from a religious movement that has been given constitutional protection of Article 4 (freedom of thought, religion, and belief) in numerous court decisions, public authorities are effectively using religious identity as a filter for participation in the economy. This violates core protections enshrined in:

• Article 18 of the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights, protecting freedom of religion and conscience.
• Articles 9 and 14 of the European Convention on Human Rights, ensuring the right to belief and freedom from religious discrimination.
• The EU Charter of Fundamental Rights, especially Articles 10, 15, and 21, which safeguard freedom of thought, access to work, and non-discrimination.
• Directive 2014/24/EU, which prohibits arbitrary or unjustified barriers to fair competition in public procurement.

Moreover, the use of such clauses distorts market fairness: bidders are not judged solely on competence, pricing, or service—but on religious or ideological affiliations. This undermines both the neutrality of the state and the integrity of the procurement process.

Coercion in Disguise

Legal scholars and human rights observers warn that these measures create a “chilling effect” on religious freedom. Individuals may feel forced to hide or renounce their beliefs to retain employment or pursue economic opportunity. Companies may avoid hiring members of discriminated religious communities altogether, for fear of jeopardizing public contracts.

While the phenomenon is most concentrated in Bavaria, it is not limited to one region. The expanding use of these declarations—documented even in tenders for wind farms, cleaning services, garden design, and furniture delivery—suggests a structural problem, not an isolated policy.

Importantly, the documented 3,465 tenders may only represent the tip of the iceberg. EU transparency rules only require publication for contracts above €140,000, meaning smaller tenders with the same clauses often go unnoticed.

Time to Uphold Principles

In a country that prides itself on rule of law and post-war democratic values, the existence of religious loyalty oaths (or faith breakers) embedded in administrative processes is a serious cause for concern. Religious freedom cannot be conditional—especially not in the realm of public services, where neutrality, transparency, and equal access are non-negotiable standards.

The European and international legal framework is clear. The challenge now is one of political will and administrative accountability. Without action, Germany risks sending a message to other democracies: that discrimination—so long as it’s dressed in bureaucracy—can still be tolerated.