ECHR did not find breach of Article 10 ECHR concerning inability to find employment under the KGB Act

28-07-2004 Print this page
IPPT20040727, ECHR, Sidabras v Lithuania



No breach of Article 10 ECHR: Inability to find employment because of the KGB Act not a restriction on ability to express views, because searched positions do not involve the imparting of ideas and information


"70. In addition, in the aforementioned cases against Germany, an interference with the right guaranteed by Article 10 was found as a result of the fact that those applicants had been dismissed from teaching posts, which by their nature involve the imparting of ideas and information on a daily basis. The Court is not convinced that the applicants’ dismissal from their positions as, respectively, a tax inspector and a prosecutor, or their alleged inability to find employment in line with their academic qualifications as, respectively, a sports instructor and a lawyer, amount to a restriction on their ability to express their views or opinions to the same extent as in the above-mentioned cases against Germany.

71. The Court does not find, therefore, that the application of the employment restrictions to the applicants under the KGB Act encroached upon their right to freedom of expression. It follows that Article 10 of the Convention is not applicable in the instant case."


IPPT20040727, ECHR, Sidabras v Lithuania


nos. 55480/00 and 59330/00