Article 14 of European Convention on Human Rights
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Article 14 of the European Convention on Human Rights (ECHR) addresses the prohibition of discrimination in the enjoyment of the rights and freedoms guaranteed by the Convention. It is a foundational provision that complements and reinforces the Convention's other articles by ensuring that everyone is treated equally and without discrimination when exercising their rights under the ECHR.
Article 14 – Prohibition of Discrimination
The enjoyment of the rights and freedoms set forth in this Convention shall be secured without discrimination on any ground such as sex, race, colour, language, religion, political or other opinion, national or social origin, association with a national minority, property, birth or other status.
Prohibition of discrimination: Article 14 establishes the fundamental principle that all individuals must be able to enjoy their rights and freedoms under the ECHR without being subjected to discrimination. It explicitly lists several prohibited grounds of discrimination, including sex, race, colour, language, religion, political or other opinion, national or social origin, association with a national minority, property, birth, or other status.
Wide scope: The list of prohibited grounds in Article 14 is not exhaustive, and it includes the phrase "such as," indicating that discrimination based on any other ground not explicitly mentioned is also prohibited. This allows for flexibility in addressing new forms of discrimination that may arise.
Complementary nature: Article 14 is meant to complement the other articles of the ECHR, ensuring that discrimination is not tolerated in the enjoyment of any of the rights and freedoms protected by the Convention. It is often invoked in conjunction with other Convention rights when individuals allege that they have been discriminated against in the exercise of those rights.
Positive obligation: Article 14 not only prohibits direct discrimination but also imposes a positive obligation on states to take measures to prevent and address discrimination. States must ensure that their laws and practices do not discriminate against individuals or groups, and they should actively work to eliminate discrimination.
Intersectionality: Article 14 recognises that discrimination can occur based on multiple grounds simultaneously (intersectionality). For example, a person may experience discrimination based on their race and gender, and Article 14 can be invoked to address such intersecting forms of discrimination.
Limitations: Article 14 does not create standalone rights; rather, it operates in conjunction with other Convention rights. It can be invoked when discrimination occurs in the context of another Convention right being exercised. However, the application of Article 14 is subject to certain limitations and should not be used to claim a new, independent right under the Convention.
Article 14 of the ECHR reinforces the principle of equality before the law and is a fundamental tool for combating discrimination in Europe. It ensures that the protection of human rights under the Convention is genuinely universal and non-discriminatory. Individuals who believe they have experienced discrimination in the enjoyment of their Convention rights can raise their claims before the European Court of Human Rights in Strasbourg, France.
Article 14 – Prohibition of Discrimination
The enjoyment of the rights and freedoms set forth in this Convention shall be secured without discrimination on any ground such as sex, race, colour, language, religion, political or other opinion, national or social origin, association with a national minority, property, birth or other status.
Prohibition of discrimination: Article 14 establishes the fundamental principle that all individuals must be able to enjoy their rights and freedoms under the ECHR without being subjected to discrimination. It explicitly lists several prohibited grounds of discrimination, including sex, race, colour, language, religion, political or other opinion, national or social origin, association with a national minority, property, birth, or other status.
Wide scope: The list of prohibited grounds in Article 14 is not exhaustive, and it includes the phrase "such as," indicating that discrimination based on any other ground not explicitly mentioned is also prohibited. This allows for flexibility in addressing new forms of discrimination that may arise.
Complementary nature: Article 14 is meant to complement the other articles of the ECHR, ensuring that discrimination is not tolerated in the enjoyment of any of the rights and freedoms protected by the Convention. It is often invoked in conjunction with other Convention rights when individuals allege that they have been discriminated against in the exercise of those rights.
Positive obligation: Article 14 not only prohibits direct discrimination but also imposes a positive obligation on states to take measures to prevent and address discrimination. States must ensure that their laws and practices do not discriminate against individuals or groups, and they should actively work to eliminate discrimination.
Intersectionality: Article 14 recognises that discrimination can occur based on multiple grounds simultaneously (intersectionality). For example, a person may experience discrimination based on their race and gender, and Article 14 can be invoked to address such intersecting forms of discrimination.
Limitations: Article 14 does not create standalone rights; rather, it operates in conjunction with other Convention rights. It can be invoked when discrimination occurs in the context of another Convention right being exercised. However, the application of Article 14 is subject to certain limitations and should not be used to claim a new, independent right under the Convention.
Article 14 of the ECHR reinforces the principle of equality before the law and is a fundamental tool for combating discrimination in Europe. It ensures that the protection of human rights under the Convention is genuinely universal and non-discriminatory. Individuals who believe they have experienced discrimination in the enjoyment of their Convention rights can raise their claims before the European Court of Human Rights in Strasbourg, France.
