The work stoppage of teachers in the form of civil disobedience, as well as the acknowledgment of it, can cause harm in relation to the rights of the children involved, and is therefore illegal, announced the Office of the Commissioner for Fundamental Rights (AJBH).
They wrote that the civil disobedience action of the kindergarten teachers in Pécel last October, as well as the fact that the Pécel municipality took note of the action, is capable of contributing to the immediate danger of violating the requirement of legal certainty arising from the principle of the rule of law, as well as the right to protection and care of the children concerned. , or to his detriment.
An NGO turned to the AJBH for a position regarding the one-day closure of the kindergartens in Pécel - due to the civil disobedience action of the workers. According to the filing
On October 21 last year, the kindergartens run by the Pécel municipality held a civil disobedience action, in which all employees participated, so all kindergartens remained closed
they announced.
The office reminded that the child's right to protection and care necessary for proper physical, mental and moral development is laid down in the Basic Law. The child can claim this protection and care from everyone. Thus, the child's parents, family, the state and all members of society are obliged to respect the child's rights, they stated.
The Commissioner of Fundamental Rights indicated that in his previously issued call he emphasized that the enforcement of constitutional rights can only take place within the framework of the rule of law, in a constitutionally guaranteed and legal form.
On the contrary
"civil disobedience is not a legal means of a work stoppage, but a kind of resistance that takes place outside the constitutional framework and is illegal when undertaken for the sake of the desired goal". All these children's rights must be subject to even stricter assessment.
The ombudsman found that, in terms of its effect, the work stoppage by the kindergarten workers in Pécel caused the operation of the preschools maintained by the municipality to fail on the given day.
According to the ombudsman's point of view, the appropriate action on the part of the local government, instead of taking notice, would have been to document the consequences of labor law and draw the attention of the affected workers to the illegality of the planned work stoppage, to the fulfillment of their work obligations, and to the fact that their right to stop work is exclusively they can exercise it legally within the framework of the strike law, they added.
The commissioner of fundamental rights asked the mayor of Pécel to take all appropriate measures in the future in order to ensure that all affected children have the opportunity to use kindergarten care, according to the announcement.
MTI
Cover image: Pixabay
