ECtHR / Application no. 64846/11 / Ebrahimian v. France

Country

France

Title

ECtHR / Application no. 64846/11 / Ebrahimian v. France

View full Case

Year

2015

Decision/ruling/judgment date

Friday, February 26, 2016

Incident(s) concerned/related

Discrimination

Related Bias motivation

Religion

Groups affected

Muslims

Court/Body type

European Court of Human Rights

Court/Body

European Court of Human Rights– Grand Chamber

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.

Key quotation in original language and its unofficial translation into English with reference details

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