Strasbourg - an exceptional case: a former university lecturer complains that he was fired from his job on the basis of age discrimination

"The European Court of Human Rights (ECHR) forwarded to the Government of Lithuania a petition in which a former research worker of Vilnius University complains about alleged discrimination on the basis of age when he was dismissed from his job.

 

As the representative of the ECHR in Lithuania informs, a former university employee complains that his rights were violated in accordance with Articles 8 and 14 of the Convention for the Protection of Human Rights and Fundamental Freedoms (Convention), which provide for the right to private life and the prohibition of discrimination, because Vilnius University dismissed him from his main duties simply because his age.

 

"The applicant in 1974 started working at the Institute of Mathematics and Informatics, which since 2010 is part of Vilnius University. He was a senior and then chief research officer. in 2012 the applicant has turned 65 years old. At that time, the statute of Vilnius University provided that lecturers and scientific (art) workers over the age of 65 can work at the university, if the Senate approves that a fixed-term employment contract be concluded with them for a period of no longer than 3 years, and such a contract can be concluded once by the decision of the Senate could be drawn repeatedly. Taking this into account, the applicant's employment contract with the university was extended twice - in 2013. and 2016, so that the applicant can work at the university until 2018. August 31, i.e. the day the fixed-term employment contract expired," the report states.

 

The Lithuanian courts rejected the applicant's complaints that he was dismissed from his job on allegedly discriminatory grounds.

 

The appellate court in the applicant's case applied to the Constitutional Court with a request to investigate whether the aforementioned provisions of the Vilnius University statute, which were the basis of the applicant's dismissal, are not discriminatory, i.e. whether they do not contradict Article 29 of the Constitution.

 

In 2021 February 12 in its ruling, the Constitutional Court decided that setting the maximum age limit of 65 years, up to which researchers or teachers could normally work at Vilnius University, should be considered a necessary and proportionate measure to achieve the constitutionally important goal of ensuring the quality of higher education.

 

The age limit helped to ensure consistent and optimal changes of researchers and teachers in order to encourage younger qualified researchers and teachers to work at Vilnius University. It was applied to all Vilnius University teachers or researchers who reached this age.

 

Thus, according to the court, part 9 of Article 15 of the Statute of Vilnius University, which sets the maximum age limit beyond which teachers or researchers can work at the university only by way of exception, did not violate the prohibition of age discrimination enshrined in Article 29 of the Constitution.

 

In this case, the ECtHR will first assess whether the exercise of the applicant's right to respect for private life was interfered with in terms of Article 8(1) of the Convention and, if so, whether it was provided for by law and was necessary in terms of Article 8(2) of the Convention. It will also be examined whether the applicant was discriminated against on the basis of age in violation of Article 14 of the Convention, or whether such differential treatment pursued legitimate goals and was justified."

 

We are all hidden Communists here. Let's try to fire all the women. Maybe then the quality will rise to the clouds? Maybe then there will be communism in Lithuania?