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Berlin – Is there a right girl to sing in a boys choir? This was negotiated this Friday with the Administrative Court in Berlin. In the afternoon the court dismissed the case!
The right to freedom of art outweighs people's decision to reject the girl, a court said on Friday.
Given the specific sound of the clean boys' choir, the ensemble's leadership has the right to reject girls whose voices do not match that sound image, said Chairman Jens Tegmeier in his decision after several hours of talks.
In this case, the right to freedom of the arts under Article 5 of the basic law precludes the prohibition of gender discrimination in Article 3 (3).
► But: According to the judge, this is a pilot case. Due to the particular importance of the case, the court allowed the appeal at the next instance. (VG 3 K 113.19)
The case
The girl's parents (9) have filed a lawsuit against the University of the Arts: UdK has artistic supervision of the Berlin statesmen and Domchor.
The girl's mother, Dr. Susan Brecklin is also her lawyer. "I am the complainant's mother. My daughter asked me to represent her, ”she told the court.
Dr. Susann Bräcklein in court
Your client and daughter did not appear personally for the process.
The parents requested in November 2018 that their daughter be included in the boys' choir. In March, the girl was allowed to sing. But the selection committee rejected the nine-year-old.
Reason: Their motivation is not enough, it lacks a basis for training. And there are doubts about trusting parents.
Mother's reflections
The family reacted dissatisfied, the mother spoke of discrimination, told BILD: "The girl was rejected for her sex only."
According to choral conducting, anatomical differences between girls and boys lead to different vocal sounds. Brecklin's mother and lawyer argue: there is little difference before the break in the voice.
Commenting on "Tagesspiegel" she wrote: “Sound differences can open up to an acoustic enthusiast and each instrument sounds a little different. But the distinctiveness in the ears of the experts cannot justify the exclusion of girls from participation in high quality music education and the insignificant state funding of many choirs. "
and: The fact that women and girls were kept away from scenes and performances in churches is of historical origin.
Today, one can no longer rely on history. It is unconstitutional discrimination to exclude someone for sex.
Previously, the girl sang in the children's choir of the Comic Opera Berlin and at the Domsingschule in Frankfurt am Main.
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