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

Harris, O'Boyle, and Warbrick: Law of the European Convention on Human Rights (4th edn)

David Harris, Michael O'Boyle, Ed Bates, and Carla Buckley
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date: 25 September 2021

p. 76417. 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’)locked

p. 76417. 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’)locked

  • 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 BatesEd BatesAssociate Professor, School of Law, University of Leicester
  •  and Carla BuckleyCarla BuckleyResearch Fellow, Human Rights Law Centre, University of Nottingham

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.

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