Communicated on 10 September 2019
FIFTH SECTION
Application no. 59433/18
Karin HUMPERT against Germany
and 3 other applications
(see list appended)
SUBJECT MATTER OF THE CASE
The applications concern the right of civil servants to strike.
The applicants are teachers, all employed by different Bundesländer as civil servants. As an expression of their support for a social movement requesting an improvement of learning conditions, including in particular an improvement of the working conditions for teachers, they did not appear at work for between one hour and three days. They were subsequently subjected to disciplinary sanctions for having been on strike. Domestic remedies before different administrative courts and the Federal Constitutional Court were to no avail. The Federal Constitutional Court held that the Basic Law obliged civil servants not to strike, which it considered compatible with the exigencies of the European Convention of Human Rights and the Court’s case-law.
The applicants complained under Articles 11 and 14 of the Convention that the obligation not to strike was not prescribed by law, disproportionate and, in comparison with teachers employed on a contractual basis, discriminatory. They moreover complained under Article 6 § 1 of the Convention that the Federal Constitutional Court had failed to consider international treaties on the matter.
QUESTIONS TO THE PARTIES
1. Has there been a violation of the applicants’ right to freedom of association, contrary to Article 11 of the Convention?
2. Have the applicants suffered discrimination in the enjoyment of their Convention rights, contrary to Article 14 of the Convention?
No.
Application no.
Case name
Applicant
Date of Birth
Place of Residence
Nationality
Represented by
1
59433/18
Humpert v. Germany
Karin HUMPERT
01/01/1961
Rantrum, German
Hans Rudolf BUSCHMANN
2
59477/18
Wienrank v. Germany
Kerstin WIENRANK
01/02/1960
Bremerhaven, German
Hans Rudolf BUSCHMANN
3
59481/18
Grabs v. Germany
Eberhard GRABS
22/11/1951
Neuenhaus, German
Hans Rudolf BUSCHMANN
4
59494/18
Dahl v. Germany
Monika DAHL
07/06/1965
Diemelstadt, German
Hans Rudolf BUSCHMANN
Full & Egal Universal Law Academy