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The Prohibition of Discrimination under Protocol 12 of the European Convention on Human Rights

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Chapter Summary

The majority of modem constitutions contain clauses directed against arbitrary discrimination and aiming at ensuring equal rights. Naturally one would have expected that in a major human-rights instrument like the European Convention on Human Rights, equality in the sense of the right to equal treatment or the prohibition of discrimination between individuals standing in the same or an analogous position would have been included as one of the basic rights. It is reasonable to expect that the Court will continue to abide by its caselaw regarding the prohibition of discrimination under Article 14 of the Convention, the provisions of which will be overlapping to a substantial extent with those of the new Protocol. Reference to the Court?s consistent case-law on the notion of discrimination is made in the Explanatory Report on Protocol 12.

Keywords: Article 14; case-law; discrimination; European Convention on Human Rights; human rights; Protocol 12



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