BeckRS 2024, 9328
EGMR: Art 8 • Private life • Art 14 (+ Art 8) • Discrimination • Disproportionate dismissal of teacher in relation to photos posted on her private social media profile • Photos showing affection to intimate partners not obscene or sexually explicit and could not qualify as an immoral act • Photo with a middle finger gesture, albeit a questionable gesture , did not demonstrate an irreparable incompatibility of action with her teaching functions • Immediate application of most restrictive sanction without considering other disciplinary measures • Difference in treatment based solely on considerations of sexual orientation without particularly convincing and weighty reasons
Urteil vom 07.05.2024 - 49014/16