Private and family life The Court examined complaints under Article 14 in conjunction with Article 8 concerning discrimination in the enjoyment of the right to respect for private and family life in a variety of situations.14 The Court clarified that the right to respect for “family life” did not safeguard the mere desire to found a family (E.B. v. France [GC], 2008, § 41); instead, […]
Direct and indirect discrimination Article 14 does not provide a definition of what constitutes direct discrimination. The expression “direct discrimination” describes a “difference in treatment of persons in analogous, or relevantly similar situations” and “based on an identifiable characteristic, or ‘status’” (Biao v. Denmark [GC], 2016, § 89; Carson and Others v. the United Kingdom [GC], 2010, § 61; D.H. and Others v. the Czech […]
Objective and Reasonable justification Burden v UK A difference in treatment is discriminatory if it does not have an objective and reasonable justification; in other words, if it does not pursue a legitimate aim or if it there is not a reasonable relationship of proportionality between the means employed and the aims which are to be realised. The contracting states enjoy a margin of appreciation […]
Comparator As in other equality contexts, the comparator should be in a similar or analogous situation. In Van der Mussele v Belgium the person claimed to be comparators were found to be in a different position and could not be used are not comparators legitimate comparators for the purpose of the claim. In Burden v UK sisters living together sought to compare their status with […]
Other Status In Carson v UK, the court considered the grounds of discrimination having regard to the list of prohibited categories and the reference to ‘other status”. It has established in case law that only differences in treatment based on personal characteristics or status s by which persons or groups of persons are distinguishable from each other are capable of amounting to discrimination within the […]
Non-discrimination. Article 14 of the European Convention on Human Rights “The enjoyment of the rights and freedoms set forth in [the] Convention shall be secured without discrimination on any ground such as sex, race, colour, language, religion, political or other opinion, national or social origin, association with a national minority, property, birth or other status.” Protocol 12 “The enjoyment of the rights and freedoms set […]
Non-Discrimination. Article 14 of the European Convention on Human Rights “The enjoyment of the rights and freedoms set forth in [the] Convention shall be secured without discrimination on any ground such as sex, race, colour, language, religion, political or other opinion, national or social origin, association with a national minority, property, birth or other status.” Protocol 12 “The enjoyment of the rights and freedoms set […]
Overview When it comes to discrimination on grounds of sex, the Court has repeatedly stated that the advancement of gender equality is today a major goal in the member States of the Council of Europe (Konstantin Markin v. Russia [GC], 2012, § 127) and that, in principle, “very weighty reasons” had to be put forward before such a difference in treatment could be regarded compatible […]