ECtHR / Application no. 64846/11 / Ebrahimian v. France
Country
France
Year
Decision/ruling/judgment date
Incident(s) concerned/related
Related Bias motivation
Groups affected
Court/Body type
Court/Body
Key facts of the case
The case concerned the decision not to renew the employment contract of a hospital social worker because of her refusal to stop wearing the Muslim veil.
Christiane Ebrahimian was recruited on a fixed-term contract within the public hospital service. The Director of Human Resources informed the employee that her contract would not be renewed, on account of her refusal to remove her headgear and following complaints from patients.
The Administrative Court found that the decision not to renew her contract had been in accordance with the principles
of secularism and neutrality of public services.
Main reasoning/argumentation
The Court considered that the fact that the national courts had afforded greater weight to the principle of secularism-neutrality and the State’s interest than to Ms Ebrahimian’s interest in not having the expression of her religious beliefs restricted did not cause a problem with regard to the Convention. The Court concluded that the interference with the exercise of her freedom to manifest her religion had been necessary in a democratic society.
Is the case related to the application of the Framework Decision on Racism and Xenophobia, the Racial Equality Directive?
Key issues (concepts, interpretations) clarified by the case
The necessity of protecting the rights and liberties of others – that is, respect for everyone’s freedom of religion – had formed the basis of the decision in question.
Results (sanctions, outcome) and key consequences or implications of the case
There had been no violation of Article 9 of the Convention.