Non-Discrimination Under Article 14 ECHR - The Buden of ProofAs the operative concepts of discrimination under the ECHR are not expressly defined, the question of what is needed to prove prima facie discrimination under tSocial Science Electronic Publishing...
Article 14 of the ECHR The ECtHR’s approach to Article 14 (Freedom from Discrimination) 4 considerations: 1. Does the issue fall within the ambit of a Convention right? 2. Is there a distinction between the applicant and a similarly situated person? 3. Is it on a specified ground or...
The CESCR emphasized that “the adoption of temporary special measures intended to bring aboutde factoequality for men and women and for disadvantaged groups is not a violation of the right to non-discrimination with regard to education, so long as such measures do not lead to the maintenance o...
This is what the CJEU mentions itself: Article 8 ECHR “is among the fundamental rights which, according to the Court’s settled case-law, restated by the Preamble to the Single European Act and by Article 6(2) EU, are protected in Community law”; Case C-60/00,Carpenter, EU:C:2002:...
Procedural aspects of article 8 of the ECHR in environmental cases: The greening of human rights law This paper analyzes the legal basis for 'proceduralization' of Article 8 of the European Convention on Human Rights in environmental cases. Procedural aspect of Article 8 has been interpreted as ...
O'Connell R (2009) Cinderella Comes to the Ball: Article 14 and the Right to Non- Discrimination in the ECHR Legal Studies 29(2): 211-229.O'CONNELL, R., "Cinderella Comes to the Ball: Article 14 and the Right to Non-Discrimination in the ECHR, Legal Studies: The Journal of the ...
In 1961, the Assembly recommended the inclusion of an article in a second additional protocol to guarantee to national minorities certain rights not covered by the European Convention on Human Rights (ECHR). The latter simply refers to "association with a national minority" in the non-...
DiscriminationAmbitEuropean Convention on Human RightsHuman Rights Act 1998Thlimmenos v GreeceArticle 14 of the European Convention on Human Rights, as applied by the UK judiciary under the Human Rights Act 1998, is in danger of becoming as 'parasitic' as it is often described. Judges have ...
non-discriminationECHRnationality lawstatelessnessThis article analyses the landmark European Court of Human Rights case of Genovese v. Malta, which made an invaluable contribution to the field of nationality law. For the first time the European Court clearly ruled that (access to) nationality falls ...
Comparisons between the ECHR and CRPD are speculative by nature, due to the fact that the latter lacks the legal status of the former2. Nonetheless, closer examination of ways that relational abuse has been addressed under the ECHR is instructive for my analytical purposes. Discussing Article 3,...