Abstract:
On 23 September 2010 the European Court of Human Rights (ECHR) handed
down unanimous judgments in two similar cases, but reached completely
opposite conclusions. Both cases dealt with dismissal of church employees
based on aspects of their private lives. In Obst v Allemagne the ECHR ruled
that the German Constitutional Court correctly upheld the dismissal of the
Public Relations Director of the Church of Jesus Christ of Latter Day Saints
due to adultery. On the other hand, the ECHR ruled that the German
Constitutional Court violated Article 8 of the European Convention on Human
Rights when it upheld the dismissal of an organist and choir master of a
catholic congregation due to adultery, despite the constitutional guarantee of
religious autonomy in the German Basic Law. In South Africa, the Equality
Court held that dismissal of an organist due to a homosexual relationship
constituted unfair discrimination. While all forms of unfair discrimination
must be rejected, legal compulsion may not be the answer to change the
prejudices of religious groups. Persuasion should rather be based on ethical
arguments, which may hold better results in the long term.
