quill.gif (3183 bytes)

Morrisens v. Belgium , (1988) 56 D.R. 127

Facts: the applicant was a teacher in Belgium who made allegations of discrimination against the educational service on the television. She was thereafter suspended without pay and she complained that this disciplinary sanction constituted a violation of her freedom of speech in the employment context guaranteed by article 10 of the European Convention

Holding: the Court did not find a violation of article 10

Reasoning: the Court found the sanction proportionate. Whether any information disclosed is true or not is a factor influencing the question of whether an interference was necessary in a democratic society. Although the applicant had gone public with her allegations by appearing on television, she was unable to provide any proof that they were well-founded. The public nature of the allegations and the fact that they were made on television were not viewed favorably by the Commission and were factors taken into account to find her dismissal did not breach article 10. The Commission concluded that the applicant had a "duty of moderation" and that any restriction on her right to freedom of expression had been necessary to protect the reputation of the educational service and her colleagues.

 

Human and Constitutional Rights Resource Page


Comparative Bills of Rights || Labor relations