Discrimination based on sexual orientation

On 7 May, the European Court of Human Rights (ECtHR) handed down a judgment in a Russian case relating to a dismissal linked to a female employee’s sexual orientation. A teacher was summoned to appear before her school management, which had become aware of photos posted on social media, showing her kissing other women. She was asked to resign in light of “her propaganda of non-traditional sexual orientation”. She refused, but was then dismissed some days later because of “immoral acts incompatible with continued performance of teaching activities”. Relying on Articles 8 (right to respect for private and family life) and Article 14 (prohibition of discrimination), the Court holds that an individual’s sexual orientation cannot be isolated from the private and public expressions of it, and is protected by Article 8. The posting of photos showing intimacy to partners while travelling or at parties is a staple of social media. The employer’s hostile reaction to such posting demonstrates its lack of acceptance of the teacher’s sexuality. The dismissal represents “a disproportionate interference with her Article 8 rights based solely on her sexual orientation” (see press release and Discrimination on the grounds of sexual orientation).

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