Education - Court of Human Rights: Are teachers allowed to strike?
Does the fact that civil servant teachers in Germany are not allowed to strike violate human rights? The European Court of Human Rights (ECtHR) is to answer this question today in Strasbourg.
What the case is about
Three female teachers and one male teacher from different federal states in Germany have filed a complaint. They went on strike in 2009 and 2010 for better working conditions. However, as they were civil servants, they were not allowed to strike. Disciplinary measures were therefore imposed on them.
They fought their way through the courts all the way to the Federal Constitutional Court. However, the court confirmed the ban on strikes for civil servants in 2018. The civil servant relationship is based on a reciprocal system of rights and duties and this does not allow for "cherry-picking", it said at the time. The teachers then took their case to the ECHR. They are supported by the education trade union GEW and the German Trade Union Confederation (DGB).
What can now be decided
The European Court of Human Rights, based in Strasbourg, France, is part of the Council of Europe and is independent of the EU. The Council of Europe and the Court are committed to the protection of human rights in the 46 member states.
The teachers invoke their rights under the European Convention on Human Rights, namely the right to freedom of assembly and association and the prohibition of discrimination. They complain that the ban on strikes is disproportionate and discriminatory in comparison to teachers without civil servant status.
At the Court of Justice, the case was referred directly to the Grand Chamber, where more than a dozen judges from the member states sit. This is an indication that particular importance is attached to the proceedings. Proceedings from Germany are rarely heard by the Grand Chamber.
In a similar case from Turkey a few years ago, the judges ruled that civil servants are allowed to strike as long as they are not performing sovereign duties in the armed forces, police or state administration.
What the ruling could mean for Germany
The ECtHR cannot overturn judgments by German courts. However, Germany has signed the European Convention on Human Rights, which the ECtHR judges on compliance with. This means that all rulings by the Strasbourg judges are binding. The Convention on Human Rights must therefore be taken into account. Should the Court find in favor of the teachers, this could mean a fine for Germany, among other things.
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- The teachers from different federal states in Germany, who are civil servants, are seeking help from the European Court of Human Rights (ECHR) in Strasbourg, beliefing that their right to strike, which was denied in 2018 by the Federal Constitutional Court, violates their human rights.
- The European Court of Human Rights (ECtHR) is an independent body within the Council of Europe, committed to protecting human rights in its 46 member states, including Germany.
- The teachers are employing their rights under the European Convention on Human Rights, specifically the right to freedom of assembly and association, and the prohibition of discrimination, arguing that the ban on strikes for civil servants is disproportionate and discriminatory compared to teachers without civil servant status.
- The German Trade Union Confederation (DGB) and the education trade union GEW are providing support to the teachers in their case against the German government.
- Precedent for this case was set by the European Court of Human Rights in a similar case from Turkey, where judges ruled that civil servants are allowed to strike, except for those performing sovereign duties in the armed forces, police, or state administration.
- If the ECtHR finds in favor of the teachers, Germany may face penalties, as it has signed the European Convention on Human Rights, binding all of the Strasbourg court's rulings regarding human rights compliance.
Source: www.stern.de
