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

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