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– The legal protection of teachers also has clear shortcomings in Norway, says a disappointed lawyer John Christian Elden.
The case is being updated.
The battered Oslo professor Clemens Saers has had his case against Norway rejected by the European Court of Human Rights (ECHR) in Strasbourg. Saers suffered lifelong injuries when he was attacked by an 18-year-old student who tried to enter his classroom at the Oslo Handelgymnasium in May 2014. After losing in two courts, he appealed the case to the Supreme Court. The appeal was rejected in March of this year.
The professor then decided to lodge a complaint with Norway with the EMD. The complaint concerned the state’s positive obligations under the European Convention on Human Rights (ECHR) to protect him against attacks when he was working as a teacher.
Also read: Violent teacher notifies appeal to the Supreme Court
The Strasbourg court recently decided to dismiss the case. The denial was based on the fact that the EMD can only process cases after all domestic remedies have been exhausted and within six months of the last decision made.
– They say we are not wrong, but they find paperwork. It is the formalism that stops this case, Saers tells Nettavisen.
– Unfortunately, the EMD did not take the case for consideration, so the legal protection of teachers also has clear deficiencies in Norway, writes his lawyer John Christian Elden in a text message to NTB.
Attorney John Christian Elden is the advocate for abused Associate Professor Clemens Saers.
Photo: Fredrik Hagen (NTB)
Saers invoked a violation of Article 3 of the ECHR, which prohibits torture and inhuman and degrading treatment. In the alternative, the violation of article 8 on the right to privacy was invoked. (© NTB)
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