Legal opinion/expert report in the case of Rocio San Miguel Sosa and others v. Venezuela, case nr. 12.923, on request of the Inter-American Court on Human Rights : Expert report in the case of Rocio San Miguel Sosa and others v. Venezuela

摘要

First the report examines the preliminary question whether signing a statement or a petition in a political context, such as a petition to carry out a recall referendum on the term of office of a head of state, is to be considered as an act of exercising the right to express a (political) opinion (by a civil servant or employee in the public sector), guaranteed by Article 19.2 ICCPR and/or Article 10 § 1 ECHR. Second it analyzes under what circumstances a termination of employment contract or dismissal of an employer or civil servant is to be regarded as an interference with the right to freedom of expression, and in particular in case the public authority or employer bring forward that the termination of contract or dismissal is unrelated to the exercise of the right to freedom of expression by the employee or civil servant.-Next this report will focus on the (limits of the) right to political freedom of expression in the employment relation, including the public sector, and on the (limitations of the) right to express political, critical or non-neutral opinions about the head of state, the government or other public institutions. Therefore it will elaborate on the criteria and conditions that may justify an interference with the right to (political) freedom of expression of public servants and employees in the public sector. It will also clarify in what circumstances an interference with this right amounts to a violation of Article 19 ICCPR or Article 10 ECHR, with references to the UN Human Rights Committee General Comment No. 34 “Article 19. Freedoms of opinion and expression” and especially analyzing and reporting the relevant case law of the European Court of Human Rights.