This thesis addresses questions related to the conversion of faith during an asylum procedure. It explores how these conversions of faith are treated and assessed by the relevant authorities and courts, whereby the timing, nature and circumstances of the conversion is taken into account.
The thesis begins with an overview of the fundamental human right of freedom of religion and belief and typical risks associated to this. In addition, the legal basis of asylum and refugee protection law is discussed and linked to religion as a reason for flight and persecution.
Next, procedural stages which are affected by a conversion of faith are analysed in-depth. Here national and European case law is taken into account. Of particular importance is the interplay of the state’s duty to inquire and the co-operation requirements of the asylum seeker, whereby special attention is placed on the multi-level governance of fundamental human rights.
The handeling of baptismal certificates and other certificates of religious conviction is another important consideration. Particular emphasis is placed on the constitutional standing of the religious communities and the question of whether the decision of a religious community to accept a new member binds the authority in the asylum procedure. This problem is analysed with reference to current literature and relevant rulings.
The jurisprudential thesis not only offers the reader an introduction to the topic of faith conversion during in the asylum procedure, but also practice oriented support around the most pressing questions of dealing with these conversions during an asylum procedure. Specific recommendations and impulses are presented to develop an equally modern, constitutional and fundamental rights-oriented procedural management.