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Every citizen shall have the right and the opportunity, without any of the distinctions mentioned in Article 2 and without unreasonable restrictions:

[…]

c. To have access, on general terms of equality, to public service in his country.

CH/01/6796-A Halilagić

20010307

CH/01/7952-A&M Selimović et al.

20020111

Whereas the ECHR does not comprise the right to equal access to public service,2103 such a right is afforded by Article 25(c) of the International Covenant on Civil and Political Rights. In addition, the notion of “public service” implies executive authorities as well as judicial authorities, so that judges2104 and state prosecutors2105 may claim a violation of their right of equal access to public service.


Footnotes

  1. CH/01/6796-A, paragraph 15, with reference to the ECtHR, Glasenapp v. Germany, 28 September 1984, Series A No. 104, paragraph 48.

  2. CH/01/7952-A&M.

  3. CH/01/6796-A.

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