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European Court of Human Rights : Aghajanyan v. Armenia

Dirk Voorhoof (UGent)
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Abstract
The European Court of Human Rights (ECtHR) has added a new and interesting judgment to its case law on the right to freedom of expression in the workplace and the horizontal effect of the right to freedom of expression in private relations (see also Halet v. Luxembourg, IRIS 2023-4:1/23; Herbai v. Hongary, IRIS 2020-1:1/4 and Fuentes Bobo v. Spain, IRIS 2000-4:1/1). The case concerns the dismissal in 2010 of a senior employee in a chemical factory on the grounds that he had disclosed sensitive information concerning the factory in an interview with a journalist. In this interview the employee raised a series of sensitive and important matters of public interest, such as the protection of the environment, damage to human health and workplace safety. However, the relationship between the employee’s duty of loyalty and the public interest in being informed about environmental issues and perceived wrongdoing in Armenia’s vast chemicals factory was not examined by the domestic courts at all. The national courts who confirmed the employee’s dismissal failed to strike a fair balance between the competing interests at stake. The ECtHR found a violation of the employee’s right to freedom of expression as guaranteed by Article 10 of the European Convention on Human Rights (ECHR).
Keywords
Freedom of expression, horizontal effect, employee, dismissal, freedom of expression at workplace, violation Article 10 ECHR

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MLA
Voorhoof, Dirk. “European Court of Human Rights : Aghajanyan v. Armenia.” IRIS (ENGLISH ED. ONLINE), no. 2024–10, 2024.
APA
Voorhoof, D. (2024). European Court of Human Rights : Aghajanyan v. Armenia.
Chicago author-date
Voorhoof, Dirk. 2024. “European Court of Human Rights : Aghajanyan v. Armenia.” IRIS (ENGLISH ED. ONLINE).
Chicago author-date (all authors)
Voorhoof, Dirk. 2024. “European Court of Human Rights : Aghajanyan v. Armenia.” IRIS (ENGLISH ED. ONLINE).
Vancouver
1.
Voorhoof D. European Court of Human Rights : Aghajanyan v. Armenia. IRIS (ENGLISH ED. ONLINE). 2024.
IEEE
[1]
D. Voorhoof, “European Court of Human Rights : Aghajanyan v. Armenia,” IRIS (ENGLISH ED. ONLINE), no. 2024–10. 2024.
@misc{01JFT5ZV5JFGKV4CA081PPRXKP,
  abstract     = {{The European Court of Human Rights (ECtHR) has added a new and interesting judgment to its case law on the right to freedom of expression in the workplace and the horizontal effect of the right to freedom of expression in private relations (see also Halet v. Luxembourg, IRIS 2023-4:1/23; Herbai v. Hongary, IRIS 2020-1:1/4 and Fuentes Bobo v. Spain, IRIS 2000-4:1/1). The case concerns the dismissal in 2010 of a senior employee in a chemical factory on the grounds that he had disclosed sensitive information concerning the factory in an interview with a journalist. In this interview the employee raised a series of sensitive and important matters of public interest, such as the protection of the environment, damage to human health and workplace safety. However, the relationship between the employee’s duty of loyalty and the public interest in being informed about environmental issues and perceived wrongdoing in Armenia’s vast chemicals factory was not examined by the domestic courts at all. The national courts who confirmed the employee’s dismissal failed to strike a fair balance between the competing interests at stake. The ECtHR found a violation of the employee’s right to freedom of expression as guaranteed by Article 10 of the European Convention on Human Rights (ECHR).}},
  articleno    = {{2024-10:1/23}},
  author       = {{Voorhoof, Dirk}},
  issn         = {{2078-6158}},
  keywords     = {{Freedom of expression,horizontal effect,employee,dismissal,freedom of expression at workplace,violation Article 10 ECHR}},
  language     = {{eng}},
  number       = {{2024-10}},
  pages        = {{2}},
  series       = {{IRIS (ENGLISH ED. ONLINE)}},
  title        = {{European Court of Human Rights : Aghajanyan v. Armenia}},
  url          = {{https://merlin.obs.coe.int/article/10175}},
  year         = {{2024}},
}