Belgian Court Overturns Dismissal of Teacher in Muhammad Caricature Controversy

The civic education teacher at school 11 had been sanctioned for showing a nude caricature of the Prophet Muhammad to 10-year-old students. The case caused a stir, provoking the outrage of several parents. The man had been immediately suspended by the municipality of Molenbeek, before being reinstated two months later, recalls Belga.

Seized by the accused, the high court annulled his dismissal, considering that if the latter had been able to be reinstated, the sanction was illegal. According to the courts, the teacher had not committed any serious misconduct justifying his dismissal.

"Even if the opposing party has finally considered that the applicant should not be the subject of either a precautionary suspension measure, nor any disciplinary procedure, nor even any administrative measure in the interest of the service," continues the Council of State, "a teacher who, like the applicant, has been the subject of such a measure which has not been withdrawn by the opposing party retains a legitimate moral interest, even minimal, in having it disappear from the legal system if it has been adopted irregularly."

In conclusion, the institution therefore annulled the decisions of the municipality and demanded a payment of 920 euros from the municipality, in particular for procedural costs. For now, the municipality of Molenbeek has not wished to react.