Discrimination is caught by Article 141 only when it is within the 'ambit' of another Convention right2, although the European Court of Human Rights has held that a breach of Article 14 can occur even if the other right has not been violated3.
The Court has indicated that Article 14 is engaged whenever the subject matter of the disadvantage constitutes one of the modalities of the exercise of a right guaranteed or where the measures complained of are linked to the exercise of the right guaranteed4. Issues of discrimination may arise even in areas where states are not obliged to
**Trials are provided to all LexisPSL and LexisLibrary content, excluding Practice Compliance, Practice Management and Risk and Compliance, subscription packages are tailored to your specific needs. To discuss trialling these LexisPSL services please email customer service via our online form. Free trials are only available to individuals based in the UK. We may terminate this trial at any time or decide not to give a trial, for any reason. Trial includes one question to LexisAsk during the length of the trial.
To view the latest version of this document and millions of others like it, sign-in to LexisLibrary or register for a free trial.
EXISTING USER? SIGN IN
TAKE A FREE TRIAL
0330 161 1234