Commissioner O'Flaherty released a memorandum today addressing freedom of expression and peaceful assembly, as well as efforts to combat racism and discrimination, with a focus on antisemitism and anti-Muslim hatred. This follows his visit to Germany in October 2025.
While acknowledging the government's commitment to human rights, the Commissioner notes increasing pressure on democratic freedoms.
"Germany should ensure that the fight against all forms of hatred fully respects the rights to freedom of peaceful assembly and expression for all members of society and protect civic space," he says.
The Commissioner notes reports of shrinking space for civil society, human rights defenders and national human rights institutions and calls for stronger protection of their work.
"In Germany, as across Europe, civil society serves as a vital public watchdog. It is essential to ensure that human rights defenders are protected from smear campaigns and threats that hinder their work and that they have access to stable funding," he says.
Protecting freedom of peaceful assembly
The Commissioner is concerned about undue restrictions on various peaceful protests, especially those related to the Palestine solidarity movement, and about reports of excessive use of force by law enforcement officers in Berlin and elsewhere during protests relating to the war in Gaza.
He recommends that any restrictions on the right to peaceful assembly are based on individualised assessments rather than blanket assumptions or generalised fear of tensions. Banning an assembly should be a last resort. Restrictions on protests should not be based on the content of the messages they seek to communicate, as long as they stay within the limits set by Article 10(2) ECHR.
Ensuring freedom of expression
Freedom of expression has faced disproportionate restrictions, particularly in debates about Palestinian rights and legitimate criticism of the Israeli government.
"While we must tackle antisemitism with every tool at our disposal, the distinction between legitimate criticism of state policies and antisemitism must not become blurred," the Commissioner states.
He recommends that the authorities refrain from blanket prohibitions of slogans, symbols, or other forms of expression in support of the Palestinian people. Any decision to restrict human rights must be made on a case-by-case basis. He also reiterates his call on the authorities to ensure that the IHRA working definition of antisemitism is not distorted or misapplied to stifle freedom of expression or legitimate criticism of state policies.
Promoting an environment that encourages diverse perspectives through inclusive consultation and combating negative stereotypes of Jews, Muslims, Palestinians and Arabs - particularly within academia, schools, and the media - are essential for open public debate, intercultural dialogue and tolerance.
Combating racism and discrimination
The Commissioner notes a concerning rise in antisemitism and anti-Muslim hatred. He welcomes Germany's commitment to protecting Jewish life and reiterates the importance of effectively tackling antisemitism by increasing awareness and promoting Holocaust remembrance. Anti-Muslim hatred should be recognised as a societal problem and efforts to raise awareness of and address it should be enhanced across state institutions.
To strengthen the national anti-discrimination framework, the Commissioner encourages the authorities to reform the General Equal Treatment Law (Allgemeines Gleichbehandlungsgesetz), so that it covers discrimination by public authorities and in all areas of life, and to adopt legislation to eliminate and prevent racial profiling.
- Read the Commissioner's memorandum following his visit to Germany in October 2025
- Read the comments from the German government on the Commissioner's memorandum
