The European Court of Human Rights issued a judgment at the crossroads of freedom of expression, protection of privacy and workers' rights.

A secondary school teacher, who won numerous awards, published under a false name some posts with erotic content on a website reserved exclusively for adults. Following a regular disciplinary procedure, the school director ordered the dismissal of the claimant: his conduct was considered contrary to social mores and had undermined the dignity of the teaching profession.

The Strasbourg Court was called upon to rule (among other things) on the violation of Mr. P's freedom of expression. It eventually concluded that the applicant's dismissal was not sufficiently justified and found a violation of Article 10 ECHR, guaranteeing free speech. Some passages worthy of attention are quoted below:

“84.  First, the Court would stress that the domestic authorities did not take into consideration the fact that the applicant had not engaged in actively transmitting allegedly immoral content to the students […].

86. On the other hand, the Court considers that the applicant’s conduct did not constitute an intrusion in the field of educational policies or parental choices on ethics or sexuality. Nothing in his actions diminished the right of parents to enlighten and advise their children, to exercise with regard to their children their natural parental functions as educators, or to guide their children on a path in line with the parents’ own religious or philosophical convictions […]”.

At the same time, the Court stressed that a different outcome might have been reached in different circumstances, if the teacher had taught religion or ethics or had been employed in a religiously oriented institution:

“91.  The Court would also stress that the applicant was employed in the context of a neutral legal relationship between an authority and an individual. Put differently, he was not employed by a religious school, and he did not teach religion or ethics. Such a status might indeed require allegiance towards a singular vision of morality or create between religious education teachers and their students a special bond of trust marked by certain specific features extending into the teachers’ private conduct and lifestyle”.

 

(Comment by Tania Pagotto)