The European Court of Human Rights has ruled that Hungary’s former government unlawfully restricted teachers’ right to strike, with Education and Child Affairs Minister Judit Lannert welcoming the decision and pointing to reforms introduced by the new government.
The European Court of Human Rights (ECHR) ruled on Wednesday that the government led by former Prime Minister Viktor Orbán unlawfully restricted Hungarian teachers’ right to strike. The court found that the restrictions imposed on teachers and their trade unions were disproportionate and were not necessary in a democratic society.
The case was brought by the Teachers’ Trade Union (PSZ) and the Democratic Trade Union of Teachers (PDSZ), which turned to the Strasbourg court in 2022. The Hungarian Helsinki Committee and the Hungarian Civil Liberties Union (TASZ) represented them in the proceedings, which were subsequently joined with cases brought by two affected teachers.
The judgment is not yet final. The Hungarian government has until 6 January to request that the case be referred to the court’s Grand Chamber for reconsideration.
Why did the court rule against the Orbán government?
The dispute dates back to February 2022, when the Orbán government introduced a decree restricting teachers’ right to strike, citing the pandemic situation. The rules established minimum services that schools and kindergartens had to maintain during strikes. These included providing childcare and holding certain lessons even when teachers were taking industrial action.
The measures came shortly after teachers’ unions organised a nationwide strike in late January 2022. More than 20,000 teachers took part in the two-hour protest. The unions challenged the restrictions before Hungary’s Constitutional Court, but their complaint was rejected on procedural grounds. They subsequently took their case to Strasbourg in September 2022.
In its latest judgment, the ECHR found that the restrictions placed a disproportionate burden on both teachers and their trade unions. The state had exceeded its margin of appreciation, the court concluded, and the limitations on the right to strike were not necessary in a democratic society.
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Education minister welcomes the judgment
Education and Child Affairs Minister Judit Lannert welcomed the ruling on Thursday, saying it vindicated the new ministry’s approach to teachers’ rights.
“I firmly believe that teachers should be valued, not humiliated, and that their professional opinion should carry weight,” Lannert wrote on Facebook. “One of my first decisions as minister was to change this practice.”
She criticised the previous Fidesz-Christian Democrat government for reducing schools’ autonomy, restricting teachers’ right to strike and dismissing several teachers who had taken part in protests.
Lannert also pointed to amendments to the public education law adopted in August, which she said had restored schools’ autonomy, expanded headteachers’ powers and reinstated teaching staffs’ decision-making and consultation rights. The changes also strengthened employee representation and clarified the conditions under which teachers can exercise their right to strike.
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What changes for teachers?
The ruling concerns the legality of restrictions imposed under the previous government, while the new government has already introduced changes to the legal framework governing public education and industrial action. Lannert said teachers’ opinions and criticism would be important in renewing Hungarian education.