Supreme Court underlines teachers' freedom of expression
The dismissal of teacher Paula van Manen, after she published a book about educational reform at Roc Nijmegen, was an interference with freedom of expression. That is the judgment of the Supreme Court, which today puts a line through a judgment of the Court of Appeal. “This is an important statement for education,” Van Manen responds.
Image: Cover cutout, publisher Scriptum
Two years after the teacher came out on the street, concludes the Supreme Court now that Van Manen's dismissal cannot be viewed separately from the publication of her book. And thus that 'the request for rescission constitutes an interference with freedom of expression'. This freedom of expression is enshrined in the European Convention on Human Rights.
If you crack critical nuts, it will be thrown far too quickly on a disturbed employment relationship
"A beautiful statement," says Van Manen. "The Supreme Court rightly sees a causal connection between writing my book and the dismissal. If you crack critical notes, it is thrown far too quickly at a disturbed employment relationship. The Supreme Court says that the freedom of expression. That is pure profit. This is a statement that can also benefit many teachers after me. That is why I thought it was important to continue with this fight."
Allowed
In the autumn of 2019, Van Manen published 'When will we have lessons again?', an anonymous book about a major educational reform in her study programme. She drew on how teachers and students struggled with the introduction of personalized education. The teacher was initially suspended and on October 1, 2020 her followed ontslag. The Nijmegen subdistrict judge found the dismissal on the grounds of a 'disrupted employment relationship' permitted and the Arnhem-Leeuwarden Court of Appeal thought the same in April 2021. According to the Court, freedom of expression was indisputable.
The MBO teacher did not give up and fought on at the Supreme Court. It has now reversed the judgment of the Court of Appeal and determined that the case must be heard again. "This ruling is very good news," responds lawyer Wouter Pors, who assisted Van Manen. "The Supreme Court has made a principled ruling, which is important for education. Namely, that the freedom of expression of teachers is protected by the European Convention on Human Rights."
Professional
It is an important day for teacher autonomy AObchairman Tamar van Gelder. "As a teacher - as a professional in education - you must be able to talk about your profession. Regardless of where you work and regardless of whether you do this within or outside your organization. Talking about the development of education is a greater good than the organization where you work , the Supreme Court has indicated that today.”
Van Mane told in the Education magazine of December 2019 for the first time about her book, and her experiences with educational innovation in her pedagogical training. In recent years, she has received acclaim, even in the House of Representatives. At the time, he called on the previous minister of education Arie Slob by motion to start a conversation with the trade unions to strengthen the position of teachers.
With Paula it was about a book, but teachers and scientists must also be able to publish articles
Van Gelder regrets that this has not happened so far and is happy to start the conversation. “Apparently we need a Paula van Manen who will stand her ground for years through legal channels. That takes an incredible amount of energy, emotion and money. All to be able to safely participate in the social debate about education as a teacher."
De AObchairman continues: "Education ministers Dijkgraaf and Wiersma could anticipate this by entering into a discussion with us. Paula was talking about a book, but teachers and scientists must also be able to publish articles. Critical expressions from the professional group are extremely important Precisely because it improves education.”
Also read: 'If you are suspended, you are tipsy game'
