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ECHR ART.14

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Created on November 14, 2023

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Transcript

THE EUROPEAN CONVENTION ON HUMAN RIGHTS(ECHR)

ARTICLE 14 PROHIBITION OF DISCRIMINATION

IINTRODUCED BY S. ROSSI, M. POTENTI AND M. MEROLA

3. WHAT DOES IT MEAN IN PLAIN ENGLISH?

1. WHAT THE RIGHT SAY?

You can't be denied your rights for reasons including, but not limited to sex, race, colour, language, religion, political or other opinion, national or social origin, association with a national minority,property, birth or other status. You can only rely on Article 14 at the same time as another Convention right.

“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.”

EXAMPLE (Landmark court cases)

2. WHERE DOES IT COME FROM?

1989 - The Court considered that a British tourist seriously injured following an assault suffered by him on the Paris metro by persons unknown has the same right to compensation from the French State as a French national. Such a tourist must be entitled to receive services outside his or her country of origin and can therefore rely on the prohibition of discrimination on grounds of nationality (judgment of 2 February 1989, Cowan, 186/87).

It is foundamental to the idea of human rights that all humans have the same rights. In 1948 “Universal” Declaration of Human Rights garanteed basic rights regardless of sex, race, language, religion opinions....anything.