Use this URL to cite or link to this record in EThOS: http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.641073
Title: Equality and non-discrimination in the European Convention on Human Rights : towards a substantive approach
Author: Arnardottir, O. M.
Awarding Body: University of Edinburgh
Current Institution: University of Edinburgh
Date of Award: 2002
Availability of Full Text:
Full text unavailable from EThOS.
Please contact the current institution’s library for further details.
Abstract:
The case law of the European Court of Human Rights on discrimination under Article 14 of the European Convention on Human Rights is typically considered to be unclear and conflicting. Against that background, new possibilities for more effective protection against discrimination under the Convention are opening up through recent developments in the case law on Article 14 and the advent of the new Protocol 12 to the Convention. The arguments forwarded in this study will be based on an analysis of the Court’s case law as well as on analysis of the new Protocol 12. The study demonstrates that the ‘reasonable and objective justification’ test and conventional treatment of non-discrimination under the Convention in scholarly literature are not apt for dealing with the emerging new possibilities in protection against discrimination or for explaining the variations in strictness of review that truly govern the level of protection against discrimination already provided by the Convention. The study suggests a new approach to understanding protection against discrimination under the Convention developed by focusing on variations in the strictness of objective justification review as applied by the Court. To identify the point at which a case becomes susceptible to the factors that influence the strictness of objective justification review, the study proposes a new interpretation of the traditional understanding of the burden of proof under Article 14. A three-tiered model of factors that influence the strictness of objective justification review under the non-discrimination provisions of the Convention is then suggested and developed. The model encompasses various influencing factors that interact with and may support or negate the influence of each other. The elaboration of influencing factors under this model requires the development of the concept of “passive discrimination”, which is intended to capture the new possibilities hinging on positive state obligations under the non-discrimination provisions of the Convention.
Supervisor: Not available Sponsor: Not available
Qualification Name: Thesis (Ph.D.) Qualification Level: Doctoral
EThOS ID: uk.bl.ethos.641073  DOI: Not available
Share: