The concept of discrimination, its forms and manifestations in accordance with the practice of the European Court of Human Rights

Abstract

The paper examines the application of Article 14 of the Convention for the Protection of Human Rights and Fundamental Freedoms, which prohibits discrimination. The author highlights the absence of a clear definition of "discrimination" in the text of the Convention, which complicates its interpretation. Examples from case law, such as the "Belgian Linguistic case" and "Sidabras and Džiautas v. Lithuania", illustrate different approaches to interpretation of the concept of discrimination. The following forms of discrimination are discussed: direct, indirect, discrimination by association, and positive actions. The necessity of considering the specific circumstances of individual cases for objective and reasonable court decision to be made is emphasized. The paper describes how the European Court of Human Rights protects the rights of individuals affected by discriminatory measures or actions, particularly in the context of education, employment, religion, etc. For instance, in the "Belgian Linguistic case," the Court preferred the English version of the Convention's wording, warning against a literal interpretation of the French version that could lead to excessive prohibition of any differentiation. Additionally, the "D.H. and Others v. the Czech Republic" case illustrates the Court's approach to indirect discrimination and the importance of assessing the impact of state measures on specific groups. Positive measures, such as those highlighted in "Horváth and Kiss v. Hungary," demonstrate the Court's stance on the state's obligation to address systemic issues and provide effective protection against discrimination. The analysis underscores the broad scope of Article 14 and the role of the European Court of Human Rights in ensuring non-discrimination across various spheres.