ECHR Admissibility – Article 9, paragraph 1 of the Convention: The respect of this provision may create positive obligations for the State. The wording ‘either alone or in community with others’ does not leave a choice to the public authorities between two alternative obligations.
In view of the requirements of the education system the authorities do not disregard a teacher’s freedom of religion if they refuse him a re-arrangement of the school time-table so that he may practice his religion, if he has previously accepted his employment without making any reservations in this respect.
Article 14 of the Convention, in conjunction with Article 9 of the Convention : No appearance of discrimination, as regards the school time-table between teachers belonging to different religions.
Competence ratione materiae of the Commission : The Convention does not. as such, guarantee the right to hold a position in public service. The dismissal of an official may, however, come within the ambit of a provision of the Convention such as Article 9 or 10 by virtue of certain of its aspects and under certain circumstances.
Citations:
8160/78, [1981] ECHR 9, (1982) 4 EHRR 126
Links:
Statutes:
European Convention on Human Rights
Jurisdiction:
Human Rights
Human Rights
Updated: 22 July 2022; Ref: scu.280501