p. 77417. Article 14 (Freedom from Discrimination in Respect of Protected Convention Rights) and Protocol 12 (Non-Discrimination in Respect of ‘Any Right Set Forth by Law’)
p. 77417. Article 14 (Freedom from Discrimination in Respect of Protected Convention Rights) and Protocol 12 (Non-Discrimination in Respect of ‘Any Right Set Forth by Law’)
- David Harris, David HarrisEmeritus Professor in Residence, and Co-Director, Human Rights Law Centre, University of Nottingham
- Michael O’boyle, Michael O’boyleDeputy Registrar of the European Court of Human Rights (2006–2015)
- Ed Bates, Ed BatesAssociate Professor, School of Law, University of Leicester
- Carla M. Buckley, Carla M. BuckleyInternational Human Rights Lawyer
- KreŠimir Kamber, KreŠimir KamberRegistry Lawyer, European Court of Human Rights
- ZoË Bryanston-Cross, ZoË Bryanston-CrossRegistry Lawyer, European Court of Human Rights
- Peter CumperPeter CumperProfessor of Law, University of Leicester
- , and Heather GreenHeather GreenIndependent Researcher
Abstract
This chapter discusses Article 14 of the European Convention on Human Rights, which addresses discrimination. Article 14 is a ‘parasitic’ provision, i.e. it only applies to ‘rights and freedoms set forth’ in the Convention and its Protocols. In other words, it only prohibits discrimination within the ambit of these rights and freedoms—contrast Protocol 12 to the Convention, which is also discussed in this chapter, which prohibits discrimination generally. The importance of Article 14 is evident in the growing number of cases over the past decade, including important judgments and decisions concerning discrimination based on sexual orientation and allegations of racial discrimination.
