The European Court of Human Rights has today taken a decision (Beschwerde-Nr. 1620/03), which calls for dismissal of the Catholic Church for breach of loyalty obligations to think about.
The relevant facts are, according to the press release of the Court (No 688 of 23.09.2010) are as follows:
The complainant was "since the mid-1980s, the Catholic parish of St. Lambertus in Essen was organist and choir director made when he decided in 1994 by his wife separated. From 1995 on he lived with his new partner. After his children in kindergarten had said that Mr. Schüth be a father again, the dean of the community fürhte in July 1997 for an interview with him. A few days later said his dismissal from the church, with effect from April 1998 because he faced the fundamental order had failed the Catholic Church for the church service as part of church work conditions. While he was living outside of it concludes marriage with another woman he was expecting a child, he had committed not only adultery but also of bigamy guilty. "
The dismissal action was in all instances including the Federal Constitutional Court were unsuccessful. That court had argued that "the dean of the determination in the face of the Lord Schüth to keep his new relationship, I can reasonably assume that a warning was unnecessary. According to the court said the community had not Mr. Schüth without losing all credibility deal further, as its activities have been in close contact with the Church's mission. "Decided
The Court held that the German labor courts, the mutual interests would not be balanced in accordance with Article 8 of the European Convention on Human Rights Article 8 of the Convention provides:. "(1) Everyone has the right to respect for private and family life, home and his correspondence. (2) An authority shall in the exercise of this right except such as the Accordance with the law in a democratic society is necessary for national security or publicly known, for the economic welfare of the country, to maintain order, prevent crime, for the protection of health or morals or the protection of the rights and freedoms of others .
respondent in proceedings before the European Court of Human Rights, a State Party, here the Federal Republic of Germany (not the Catholic church) is. The complaint by the Court to weigh up the German labor courts. That court confined itself to stating that the complainant "as organist and choir director, not in the group of people fell to their termination was in the case of serious misconduct, necessarily, such as those in pastoral and clerical occupations and in managerial positions, but that his work yet so closely with the mission of Catholic Church was linked that they employ him could not further without losing all credibility. " That court has not elaborated this argument, but seemed merely the opinion of the Church's employer to have played in this matter. To have the labor courts, the de facto family life Schüth or protection of the Lord is not even mentioned. The interests of the Church's employer had not therefore be weighed against Mr Schüth right to respect for his private and family life, but only against his interest to preserve his job. A more thorough examination would be in balancing the competing rights and interests have been appropriate.
also went to the Court believes that the signing of the contract and the agreement of the loyalty obligation "not as a clear promise" could be understood in the case of separation or divorce abstemious life lead to .
Another argument was the Court that "have a religious employer terminated by a staff only limited opportunities to find a new job." This is particularly true if the dismissed employee has a specific qualification that will make it difficult or even impossible to find a new job outside the church.
The decision of the Court is not yet final. Within 3 months, the referral to the Grand Chamber shall be applied for.
check To the ruling in detail , you must have the written reasons to wait. It could be made only to the press release reference. But you'll just have to assume that not a church with reference to self-determination questioned blanket adoption of the Church's argument is no longer possible. The church's self-determination is not restricted. Only, the mutual interests to be balanced by the labor courts much more accurate and thorough. It is also conceivable that the treaty practice change and the value, but also the consequences of religious marriage is emphasized more clearly. Or the church comes to new solutions the urgent problem of the consequences of a state divorce. (Copyright ago)
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