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Cinderella Comes to the Ball: Article 14 and the Right to Non-Discrimination in the ECHR

Legal Studies, Issue No. 2, 2009

20 Pages Posted: 23 Feb 2009 Last revised: 8 Mar 2012

Rory O'Connell

Ulster University - Transitional Justice Institute

Date Written: January 15, 2009

Abstract

Article 14 ECHR has often been derided as a Cinderella provision, but during the last few years, this has started to change. This article examines how Article 14 has developed, and may live up to its potential as a powerful non-discrimination principle. The case law developments in relation to the "ambit" requirement in Article 14, the development of indirect discrimination case law, and the approval of positive action, all point to a more substantive conception of equality, which offers protection to disadvantaged and vulnerable groups.

Keywords: substantive equality, European Convention on Human Rights, discrimination

JEL Classification: K10

Suggested Citation

O'Connell, Rory, Cinderella Comes to the Ball: Article 14 and the Right to Non-Discrimination in the ECHR (January 15, 2009). Legal Studies, Issue No. 2, 2009 . Available at SSRN: https://ssrn.com/abstract=1328531

Rory O'Connell (Contact Author)

Ulster University - Transitional Justice Institute ( email )

Shore Road
Newtownabbey, County Antrim BT37 OQB
Northern Ireland

HOME PAGE: http://www.transitionaljustice.ulster.ac.uk/

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