Art. 14 Flashcards
Is Art. 14 an independent provision, meaning that it can be invoked on its own?
No.
Article 14 can only be invoked in conjunction with another provision as it has no independent existence, it’s only applicable to prevent discrimination in enjoyment of the other Convention rights.
What was Biao v Denmark about?
Concerned family reunification
Applicant was a danish national who had attained danish citizenship later in life. He wished to have his wife come to DK. Danish legislation had an “attachment requirement” which meant that in order to be eligible for family reunification you had to have maintained danish citizenship for 28 years.
The law technically applied to everyone, both danish born nationals and people who had acquired citizenship, but had a prejudicial effect on nationals who were not born in DK.
Court found a violation of Art. 8 taken in conjunction with Art. 14
What are areas of wide margin of appreciation?
- environmental issues
- national culture (Lautsi v Italy)
- morality (Handyside v UK)
- national security (Klass v UK)
- socio - economic rights
- use of government funds
What are areas of narrow margin of appreciation?
- gender and sexual orientation
- blanket bans
- ares of strong european consensus
- political rights
What is D.H and Others v Czech Republic about?
Statistics showed that Romanian children much more likely to be placed in special ed schools, than non - Roma children.
This resulted in Roma children recovering a inferior education as a result of their ethnic origin.
Violation of the right to education enshrined in Protocol 1 Art. 2 taken in conjunction with Art. 14
What is Valliantos v Greece about?
Greece only allowed for civil unions between different sex couples. Government claimed that this was in order to strengthen the position of children of unmarried parents.
The Court stated that this could just as effectively be done without preventing same sex couples from entering a civil union as well.
No good reason why same sex couples should not be allowed civil union.
Violation of Art. 8 taken in conjunction with Art. 14
