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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, 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 International Human Rights Law

11. Equality and non-discrimination  

This chapter examines equality and non-discrimination in international human rights law. It discusses the provisions of human rights laws, conventions, and declarations, and emerging grounds of discrimination will also be considered. As human rights are focused on the individual, it is perhaps not surprising that there are many people who are disadvantaged or marginalized in the enjoyment of their rights and freedoms due to the intersecting of two or more grounds of discrimination. The chapter suggests that there is a link between the concepts of equality and that of non-discrimination, and that the rule of non-discrimination is basically the negative restatement of the principle of equality.

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, 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.