Religion – Weltanschauung – Recht [ RWR ]

The European Court of Human Rights is holding a Grand Chamber hearing today Wednesday 30 January 2013 at 9.15 a.m. in the case of Fernández Martínez v. Spain (Application no. 56030/07). The case concerns the non-renewal of the teaching contract of a married priest and father of five who taught religious education, following the publication of a newspaper article revealing his membership of the „Pro Celibato Opcional“ optional celibacy movement.

The hearing will be broadcast from 2.30 p.m. on the Court’s Internet site (www.echr.coe.int). After the hearing the Court will begin its deliberations, which will be held in private. Its ruling in the case will, however, be made at a later stage.

The applicant, José Antonio Fernández Martínez, is a Spanish national who was born in 1937 and lives in Cieza (Spain). He was ordained as a priest in 1961. In 1984, he applied to the Vatican for dispensation from celibacy, which was granted in 1997. He was married in a civil ceremony in 1985, and he and his wife have five children. He taught religion and ethics in a State high school from October 1991, his contract being renewed every year by the Bishop of the Diocese of Cartagena. In November 1996 the Murcia newspaper La Verdad published an article about the „Movement for Optional Celibacy“ for priests. It reported that Mr Fernández Martínez, a member of the movement, had previously been rector of a seminary, and published a photograph of him attending a meeting of the movement, together with his wife and their five children. The article included comments by a number of participants indicating their disagreement with the Church’s position on abortion, divorce, sexuality and contraception. On 29 September 1997, the Diocese of Cartagena informed the Ministry of Education of its intention not to renew Mr Fernández Martínez’s contract for the 1997/1998 school year.

Mr Fernández Martínez appealed to the Murcia employment tribunal, which found that he had been discriminated against because of his civil status and his membership of the Movement for Optional Celibacy. However, at the conclusion of the proceedings the Constitutional Court highlighted the special role of teachers of religious education in Spain and found that the reasons for not renewing the applicant’s contract had been purely religious.

Relying in particular on Article 8 (right for respect to private and family life) of the Convention, Mr Fernández Martínez complains about the non-renewal of his contract because of his personal and family situation. He complains that he was discriminated against and maintains that the public disclosure of his status as a married priest with several children formed part of his freedom of expression.

Procedure

The application was lodged with the European Court of Human Rights on 11 December 2007. In its Chamber judgment of 15 May 2012 the Court found that there had been no violation of Article 8. On 24 September 2012 the panel of the Grand Chamber accepted the applicant’s request that the case be referred to the Grand Chamber.

Composition of the Court

The case will be heard by a Grand Chamber, composed as follows:

Dean Spielmann (Luxembourg), President,
Guido Raimondi (Italy),
Mark Villiger (Liechtenstein),
Isabelle Berro-Lefèvre (Monaco),
Ján Šikuta (Slovakia),
George Nicolaou (Cyprus),
András Sajó (Hungary),
Ann Power-Forde (Ireland),
Işıl Karakaş (Turkey),
Angelika Nußberger (Germany),
André Potocki (France),
Paul Lemmens (Belgium),
Helena Jäderblom (Sweden),
Valeriu Griţco (the Republic of Moldova),
Faris Vehabović (Bosnia and Herzegovina),
Dmitry Dedov (Russia), judges,

Alejandro Saiz Arnaiz, ad hoc judge,

Päivi Hirvelä (Finland),
Aleš Pejchal (the Czech Republic),
Ksenija Turković (Croatia), substitute judges,

and also Johan Callewaert, Deputy Grand Chamber Registrar.

Representatives of the parties

Government

Francisco de Asís Sanz Gandasegui, Agent;

Applicant

José Luis Mazón Costa,
Encarnación Martínez Segado, Counsel.

The applicant, José Antonio Fernández Martínez, will also attend the hearing.

Press release ECHR 035 (2013) 30/01/2013