NGOs under European Convention on Human Rights / Tymofeyeva

2.9 Right not to be discriminated (Article 14) Article 14 – Prohibition of discrimination

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. 2.9.1 General overview The protection against discrimination and maintenance of equality are among the main issues of international human right policies. 1060 Similar to Article 13, Article 14 of the Convention may be invoked only when taken together with another Convention provision foreseeing a material right. 1061 It means that it must be pleaded in relation to some other substantive right in the Convention, since it has effect solely in relation to ‘the enjoyment of the rights and freedoms’ safeguarded by those provisions. Although the application of Article 14 does not presuppose a breach of those provisions, there can be no room for its application unless the facts in issue fall within the ambit of one or more of the latter. 1062 However, it is not necessary to establish an actual violation of another Article. If the claim comes within the ambit of another protected right, then it is possible for the applicant to succeed on discrimination alone, even if the primary violation has not been established, or the member state’s action has been found to come within one of the permissible exceptions to that right. The Court has established in its case-law that only differences in treatment based on an identifiable characteristic, or status, are capable of amounting to discrimination within the meaning of Article 14 of the Convention. 1063 In order for an issue to arise under Article 14, there must be a difference in the treatment of persons in analogous, or relevantly similar, situations. 1064 However, not every difference in treatment will amount to a violation of Article 14. A difference in treatment is discriminatory, if it has no objective and reasonable justification. In other words, if it does not pursue a legitimate aim or if there is not a reasonable relationship of proportionality between the means employed and the aimsought to be realised. 1065 Although the states enjoy a certainmargin of appreciation in this respect, the scope of the margin of appreciation will vary according to the circumstances, the subject matter and its background, and the final decision as to the observance of the Convention’s requirements rests with the Court. 1066 In view of the abovementioned findings concerning the status of a legal entity under the Convention, it is obvious that Article 34 NGOs may lodge complaints

1060 HUBÁLKOVÁ, E. Zákaz diskriminace . Prague: Wolters Kluwer CR, 2013, p. 9. 1061 Topčić-Rosenberg v. Croatia , no. 19391/11, § 34, 14 November 2013. 1062 Fabris v. France [GC], no. 16574/08, § 47, ECHR 2013 (extracts). 1063 Eweida , cited above, § 86. 1064 X and Others v. Austria [GC], no. 19010/07, § 105, ECHR 2013. 1065 Weller v. Hungary , no. 44399/05, § 27, 31 March 2009. 1066 Konstantin Markin v. Russia [GC], no. 30078/06, § 126, ECHR 2012 (extracts).

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