Berlin – Does a girl have the right to sing in a boy's choir? This was the subject of negotiations this Friday with the Berlin Administrative Court. In the afternoon, the court dismissed the case!
The right to freedom of art prevails in the decision of the choir to reject the girl, the court said Friday.
Given the particular sound of the pure boys' choir, the ensemble's management is entitled to reject girls whose voices do not match this soundscape, chairman Jens Tegtmeier said in his ruling after several hours of negotiations.
In this case, the right to freedom of art under Article 5 of the Constitution excludes the prohibition of gender discrimination in Article 3 (2).
► Men: According to the judge, this is a pilot case. Therefore, because of the special significance of the case, the court allowed the appeal to the next court. (VG 3K 113.19)
The parents of a girl (9) had sued the University of the Arts: UdK has the artistic oversight of the Berlin State and Domchor.
The mother of the girl, dr. Susann Bräcklein, is also her lawyer. “I am the applicant's mother. My daughter asked me to represent her, ”she said in court.
Your client and daughter did not appear personally in the process.
The parents asked in November 2018 for admission of their daughter in the boys choir. In March, the girl was allowed to sing. But the selection committee rejected the nine-year-old.
cause: Their motivation is not enough, it lacks a basis for training. And there is doubt about trusting cooperation with the parents.
The mother's reasoning
The family reacted dissatisfied, the mother talking about discrimination, told BILD: "The girl was rejected only because of her gender." Her claim of equal participation in state funding is violated.
According to choir management, anatomical differences between girls and boys lead to different vocal sounds. Mother and lawyer Bräcklein disagree: before the vote, there is little difference.
In a comment on "Tagesspiegel" she wrote, “Sound differences may open to the acoustic enthusiast, and each instrument sounds slightly different. But the peculiarity of the experts' ears cannot justify the exclusion of girls from participation in high-quality musical education and the not insignificant state funding of many choirs. "
and: That women and girls were kept away from scenes and performances in churches has historical origins.
Today, history can no longer be trusted. It is constitutional discrimination to exclude someone because of gender.
The girl had previously sung in the children's choir in the Komische Oper Berlin and in the Domsingschule in Frankfurt am Main.