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Cover Harris, O'Boyle, and Warbrick: Law of the European Convention on Human Rights

17. 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, Michael O’boyle, Ed Bates, Carla M. Buckley, KreŠimir Kamber, ZoË Bryanston-Cross, Peter Cumper, and Heather Green

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.

Chapter

Cover Family Law

1. Introduction to Family Law  

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter begins with an overview of families and family law in England and Wales today. It then discusses themes and issues in contemporary family law, covering rules versus discretion; women’s and men’s perspectives on family law; sex and gender identity; sexual orientation; cultural diversity; and state intervention versus private ordering, including the role of the family court and of non-court dispute resolution in family cases, and challenges facing the family justice system.

Chapter

Cover Harris, O'Boyle, and Warbrick: Law of the European Convention on Human Rights

17. 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, Michael O’Boyle, Ed Bates, and Carla Buckley

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.

Chapter

Cover Family Law

1. Introduction to Family Law  

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter begins with an overview of families and family law in England and Wales today. It then discusses themes and issues in contemporary family law, covering rules versus discretion; women’s and men’s perspectives on family law; sex and gender identity; sexual orientation; cultural diversity; and state intervention versus private ordering, including the role of the family court and of non-court dispute resolution in family cases, and challenges facing the family justice system.

Chapter

Cover Employment Law in Context

11. The Protected Characteristics  

This chapter analyses the ‘protected characteristics’ in the Equality Act 2010. These include sex, gender re-assignment, pregnancy, and maternity discrimination; race discrimination; religion or belief discrimination; sexual orientation, marriage, and civil partnership discrimination; and age discrimination. It examines these protected characteristics in detail, including some of the ‘boundary disputes’ which arise in the case of some of them. It then explores the genuine occupational requirements exception; the mechanics of the reversed burden of proof in discrimination cases; and the law of vicarious liability in the context of discrimination. Finally, the chapter sets out the various remedies available where a claimant is successful in his/her discrimination complaint before an employment tribunal.

Chapter

Cover Employment Law

17. Sex-related characteristics (gender reassignment, marital status, pregnancy, sexual orientation)  

This chapter discusses the law on discrimination due to the protected characteristics of gender reassignment, marital status and civil partnership, and pregnancy and maternity. The Sex Discrimination Act as originally drafted only prohibited discrimination on grounds of sex and marital status. However, civil partners are now treated in the same way as married people. Transgender people, who live as someone of the opposite gender, are protected from discrimination. They can also change their birth certificates so that their new gender is reflected there. Pregnant women have a right not to be discriminated against, and this is a free-standing right. People are entitled not to be discriminated against because of their sexual orientation. The prohibition against sex discrimination covers heterosexuals as well as homosexual people.