Indirect discrimination in the case-law of the European Court of human right

The European Court of Human Rights has extended a scope of applicability of Article 14 of the European Convention on Human Rights to indirect discrimination in recent years. The change has happened in a context of turning attention in the Council of Europe and the European Union to the protection of...

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Bibliographic Details
Main Author: Etinski Rodoljub
Format: Article
Language:English
Published: University of Novi Sad, Faculty of Law 2013-01-01
Series:Zbornik Radova: Pravni Fakultet u Novom Sadu
Subjects:
Online Access:http://scindeks-clanci.ceon.rs/data/pdf/0550-2179/2013/0550-21791301057E.pdf
Description
Summary:The European Court of Human Rights has extended a scope of applicability of Article 14 of the European Convention on Human Rights to indirect discrimination in recent years. The change has happened in a context of turning attention in the Council of Europe and the European Union to the protection of particularly vulnerable groups. The Court has defined its concept of indirect discrimination as a general policy or measure which is apparently neutral but has disproportionately prejudicial effects on members of particularly vulnerable groups. The Court's finding on indirect discrimination in cases where discrimination was based on a language criterion and affecting exclusively Roma children requires an investigation of the definition.
ISSN:0550-2179
2406-1255