Article 14 of the European Convention on Human Rights: Prohibition of Discrimination

These flashcards summarize and test key concepts related to Article 14 of the European Convention on Human Rights, focusing on discrimination prohibitions.

What is Article 14 of the ECHR about?

It prohibits discrimination in the enjoyment of the rights and freedoms set forth in the Convention on various grounds such as sex, race, language, religion, and more.

What are the grounds identified under Article 14 of the ECHR?

The grounds include sex, race, colour, language, religion, political opinion, national origin, social origin, property, birth, and other status.

Does Article 14 of the ECHR prohibit all discrimination?

No, it only prohibits discrimination in the enjoyment of the rights and freedoms outlined in the Convention.

What must the Court establish when analyzing a case of alleged discrimination?

The Court must determine if there is a difference in treatment based on identifiable characteristics and if such treatment is justified.

What does the 'proportionality test' entail in discrimination cases?

The test assesses whether the difference in treatment pursues a legitimate aim and whether the means employed are reasonably proportionate to that aim.

What is meant by 'direct discrimination'?

Direct discrimination involves a difference in treatment of persons in similar situations based on identifiable characteristics.

What constitutes 'indirect discrimination'?

Indirect discrimination occurs when a neutral policy disproportionately affects a particular group adversely.

What is the significance of the 'comparator' in discrimination cases?

The comparator is the person or group that the applicant is compared to, to determine if discrimination has occurred.

How does the European Court of Human Rights view the difference in treatment among groups?

It allows member states to treat groups differently to correct factual inequalities, provided there is objective justification for such treatment.

Can the burden of proof shift to the respondent state in discrimination cases?

Yes, if the events lie mainly within the exclusive knowledge of the authorities, the burden may revert to the state to disprove the discrimination.