Information Note on the Court’s case-law
July 1994
Karlheinz Schmidt v. Germany - 13580/88
Judgment 18.7.1994
Article 14
Discrimination
Obligation imposed solely on men to serve in the fire brigade or pay a financial contribution in lieu: violation
[This summary is extracted from the Court’s official reports (Series A or Reports of Judgments and Decisions). Its formatting and structure may therefore differ from the Case-Law Information Note summaries.]
I.ARTICLE 14 OF THE CONVENTION TAKEN IN CONJUNCTION WITH ARTICLE 4 § 3 (D)
A.Applicability
Compulsory fire brigade service one of the "normal civic obligations" within the meaning of Article 4 § 3 (d) – obligation to pay levy also fell within scope of that Article on account of its close links with obligation to serve.
Conclusion: applicable (unanimously).
B.Compliance
Obligation to perform service exclusively one of law and theory since, in view of continuing existence of sufficient number of volunteers, no male in practice obliged to serve in fire brigade.
Financial contribution had therefore become the only effective duty – difference of treatment on ground of sex could hardly be justified for its payment.
Conclusion: violation (six votes to three).
II.ARTICLE 14 OF THE CONVENTION TAKEN IN CONJUNCTION WITH ARTICLE 1 OF PROTOCOL No. 1
Unnecessary to examine complaint (unanimously).
III.ARTICLE 50 OF THE CONVENTION
Fire service levy and costs and expenses incurred before national courts – reimbursed.
Conclusion: respondent State to pay the applicant a specified sum (eight votes to one).
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This summary by the Registry does not bind the Court.
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