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The prohibition of discrimination under the European Convention on Human Rights (Human rights files, No. 22)

The prohibition of discrimination under the European Convention on Human Rights (Human rights files, No. 22) (2010)

ISBN 978-92-871-6817-7
Size : A5
Language : English
Number of pages : 148

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The prohibition of discrimination under the European Convention on Human Rights (Human rights files, No. 22)

The prohibition of discrimination under the European Convention on Human Rights (Human rights files, No. 22)

The European Convention on Human Rights guarantees equality among human beings by means of two provisions that prohibit discrimination: on the one hand, Article 14 of the Convention, ratified by all member states of the Council of Europe; and, on the other hand, the first article of Protocol No. 12, ratified by only some of the members.The content of the prohibition laid down by these two provisions is the same, the only difference is in the extent of their scope: whereas Article 14 prohibits discrimination in the "enjoyment of rights and freedoms set forth by the present Convention", the first article of Protocol No. 12 prohibits discrimination in a broader sense in the "enjoyment of all rights set forth by law".This study proposes an insight into the case law of the European Court of Human Rights on discrimination with respect both to the main principles which guide its implementation and to the specific solutions which the Court has adopted in relation to discrimination.Other questions examined include the scope of the prohibition of discrimination (to what does it apply?), the question of the content of such a prohibition (what precise obligations does it imply?), and last, the question of a judicial review (how does the Court assess compliance with it?).The "Human rights files" series is aimed at specialists in European law: lawyers, practitioners and research students. It also constitutes a useful resource for the implementation of the European Convention on Human Rights in the signatory states.

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The European Convention on Human Rights guarantees equality among human beings by means of two provisions that prohibit discrimination: on the one hand, Article 14 of the Convention, ratified by all member states of the Council of Europe; and, on the other hand, the first article of Protocol No. 12, ratified by only some of the members.The content of the prohibition laid down by these two provisions is the same, the only difference is in the extent of their scope: whereas Article 14 prohibits discrimination in the "enjoyment of rights and freedoms set forth by the present Convention", the first article of Protocol No. 12 prohibits discrimination in a broader sense in the "enjoyment of all rights set forth by law".This study proposes an insight into the case law of the European Court of Human Rights on discrimination with respect both to the main principles which guide its implementation and to the specific solutions which the Court has adopted in relation to discrimination.Other questions examined include the scope of the prohibition of discrimination (to what does it apply?), the question of the content of such a prohibition (what precise obligations does it imply?), and last, the question of a judicial review (how does the Court assess compliance with it?).The "Human rights files" series is aimed at specialists in European law: lawyers, practitioners and research students. It also constitutes a useful resource for the implementation of the European Convention on Human Rights in the signatory states.

Introduction

Part 1. The scope of the prohibition of discrimination

Chapter 1 - Scope ratione personae
Section 1. Nationals and foreigners
Section 2. Natural persons and legal persons

Chapter 2 - Scope ratione materiae
Section 1. The material scope of Article 14 of the Convention
Section 2. The material scope of Article 1 of Protocol No. 12

Part 2. The content of the prohibition of discrimination

Chapter 1. A prohibitive obligation: the obligation not to introduce discrimination
Section 1. The judgment relating to "certain aspects of the laws on the use of languages in education in Belgium" of 23 July 1968
Section 2. The Thlimmenos v. Greece judgment of 6 April 2000

Chapter 2. Positive obligations: combating certain forms of discrimination
Section 1. Positive obligations to combat certain forms of discriminatory violence
Section 2. Positive obligations to combat other forms of discrimination

Part 3. Supervising the prohibition of discrimination

Chapter 1. Methods of supervision
Section 1. Supervision not limited to the criteria listed in Article 14 of the Convention and Article 1 of Protocol No. 12
Section 2. Supervision limited to "analogous" or "comparable" situations
Section 3. Supervision defined by reference to "the aim and effects of the measure in question"

Chapter 2. The intensity of supervision
Section 1. The standard of the mode of proof
Section 2. The standard of the national margin of discretion

Conclusion

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