Freedom of expression of civil servants

Civil servants work for the public service and represent the State. This status explains why they have special rights and duties while they work, but also when they are outside of their work responsibilities.

What is a civil servant?

In France a civil servant or public employee refers to a member of staff employed by a public body that carries out a mission of public service. These persons can work in different public services:

In the State service: it includes judges, public teachers, police officers, employees of ministries and parliamentary assemblies etc.

In the Local authorities’ service: it includes staff from local authorities like regions, departments, cities etc.

In the Hospital service: it includes medical staff such as doctors and staff working in elderly public establishments, child welfare services, public establishments for disabled persons etc.

Rights of civil servants

In France, the principle is that civil servants have their freedom of opinion guaranteed. This is because the right to freedom of opinion, protected by the Declaration of Human and Civic Rights applies to all citizens including civil servants. This means that no discrimination can be made between civil servants on the ground of their political, philosophical, religious or trade union opinions or their sexual orientation for example.

This principle implies a range of rights granted to civil servants to enable them to express their opinions when they are outside of the workplace. For example, they can join trade unions and political parties, they can sign petitions, stand as candidate for elections etc.

They also have the right to go on strike, except in a few special cases. This fundamental right, guaranteed by the Constitution, applies to all citizens, including civil servants.