Article 14 and Article 1 of Protocol No. 12 - Prohibition of discrimination
All Updates
Ortega Ortega v. Spain, no. 36325/22
Domestic courts’ upholding of the applicant’s dismissal allegedly in retaliation for a successful claim of sex-based discrimination concerning her remuneration.
Judgment | Legal Summary
Ilareva and Others v. Bulgaria, no. 24729/17
Complaint about investigation into alleged death threats, incitement to violence and hate speech made on Facebook by private individuals against the applicants in connection with their work for the protection of the rights of migrants and minorities.
Judgment
B.A. v. Iceland, no. 17006/20
Alleged failure to conduct an effective investigation into the applicant’s complaints of domestic violence.
Judgment | Legal Summary
M.A. v. Iceland, no. 59813/19
Alleged failure to conduct an effective investigation into the applicant’s complaints of domestic violence.
Judgment | Legal Summary
Semenya v. Switzerland [GC], no. 10934/21
Dismissal by the Swiss Federal Supreme Court of a civil-law appeal lodged by a professional athlete against an award rendered by the Court of Arbitration for Sport, which rejected her complaint concerning regulations requiring her to lower her natural testosterone level to compete in the women’s category of international competitions.
Judgment | Legal Summary
Ukraine and the Netherlands v. Russia [GC], nos. 8019/16 and 3 others
Four separate inter-State applications lodged against the Russian Federation, concerning the events in the Donetsk and Luhansk regions, which began in the spring of 2014 – including the downing of flight MH17 on 17 July 2014 – and events throughout Ukraine from 24 February 2022, i.e., the start of the full-scale military invasion by the Russian Federation.
Judgment | Legal Summary
N.T. v. Cyprus, no. 28150/22
Authorities’ alleged failure to effectively investigate and prosecute the applicant’s allegations of rape and to follow a victim sensitive approach, which allegedly exposed her to secondary victimisation and discriminatory treatment.
Judgment
Seydi and Others v. France, no. 35844/17
Allegations of racial discrimination during identity checks in the street.
Judgment | Legal Summary
Kovačević v. Bosnia and Herzegovina [GC], no. 43651/22
Alleged discrimination on account of the inability to vote for candidates of one’s choice in legislative and presidential elections due to a combination of ethnic and territorial requirements in Bosnia and Herzegovina.
Judgment | Legal Summary
B.T. and B.K.Cs. v. Hungary, no. 4581/16
Allegedly racially motivated placement of a Roma child in temporary State care immediately following his birth, depriving the mother of involvement concerning the care of her son, as part of a purported organised policy aimed at the Roma as a group.
Judgment
de Galbert Defforey v. France, nos. 45443/21 and 2 others
Allegations of reverse discrimination regarding the taxation of capital gains made during purely internal securities exchange transactions relating to company mergers, resulting from the application of rules less favourable than those applicable to situations falling under EU law.
Judgment
L. and Others v. France, nos. 46949/21 and 2 others
Investigation and prosecution of alleged rapes of under-aged girls, none of which resulted in convictions of the accused, with a particular view to the authorities’ assessment of consent, gender stereotypes and the vulnerability of minors.
Judgment | Legal Summary
I.C. v. the Republic of Moldova, no. 36436/22
Alleged labour exploitation and sexual abuse of the applicant, a woman with intellectual disabilities, after her removal from State care and placement with a family on a farm, against the background of a general institutional passivity and/or lack of awareness of the phenomenon of violence against women with disabilities in the respondent State.
Judgment
Tulokas and Taipale v. Finland (dec.), nos. 5854/18 and 5855/18
Alleged age-based discrimination between retired and employed taxpayers.
Decision
Minasyan and Others v. Armenia, no. 59180/15
Breach of positive obligation under Article 8 in conjunction with Article 14 due to domestic courts’ failure to recognise and address the hostile and discriminatory tone, intentions, and impact of an online newspaper article targeting LGBT rights activists.
Judgment
F.M. and Others v. Russia, nos. 71671/16 and 40190/18
Failure to protect irregular female migrant workers from human trafficking and servitude and to investigate the crimes committed against them.
Judgment | Legal Summary
Ferrero Quintana v. Spain, no. 2669/19
Article 1 of Protocol No. 12: refusal to recruit the applicant as a police officer due to him being older than the age limit of 35, even though he had passed all the examinations and had been found to be physically and intellectually fit for police service.
Judgment | Legal Summary
Bakradze v. Georgia, no. 20592/21
Insufficient judicial review of alleged discrimination of a former judge in competitions for judicial positions on account of her role in an NGO and her critical views of the state of the country’s judiciary.
Judgment
Abo v. Estonia (dec.), no. 29295/22
Inadmissibility of complaint concerning refusal to recognise the applicant as an Estonian citizen because her grandmother (an “optant”) did not settle in Estonia to validate her citizenship as stipulated by the Tartu Peace Treaty of 1920.
Decision
Spišák v. the Czech Republic, no. 13968/22
Longer period of automatic judicial review of pre-trial detention for minors than for adults prosecuted for the same category of offence.
Judgment
Allouche v. France, no. 81249/17
Conduct of criminal proceedings concerning antisemitic insults and threats sent by email.
Judgment | Legal Summary
Wa Baile v. Switzerland, nos. 43868/18 and 25883/21
Racial profiling during an identity check of a dark-skinned man at Zurich's main train station.
Judgment | Legal Summary
Executief van de Moslims van België and Others v. Belgium, nos. 16760/22 and 10 others
Obligation to stun animals prior to their ritual slaughter.
Judgment | Legal Summary
Georgian Muslim Relations and Others v. Georgia, no. 24225/19
Failure to comply with the positive obligation to provide adequate protection to individual applicants from unlawful mob action, hate speech and other discriminatory actions by private parties in the context of their being prevented from opening a Muslim boarding school.
Judgment
Stott v. the United Kingdom, no. 26104/19
Difference in treatment in early release eligibility between prisoners serving an extended determinate prison sentence vis-à-vis standard determinate sentence prisoners and discretionary life sentence prisoners.
Judgment
Memedova and Others v. North Macedonia, nos. 42429/16 and 2 others
Refusal to allow persons of Roma ethnicity to leave Respondent State’s territory.
Judgment
Pająk and Others v. Poland, nos. 25226/18 and 3 others
Legislation differentiating between men and women with regard to the retirement age of judges.
Judgment
Valiullina and Truši v. Latvia, nos. 56928/19 and 2 others
Legislative amendments increasing the proportion of subjects taught in the State language, that is Latvian, and thus reducing the use of Russian, as the language of instruction in public schools.
Judgment | Legal Summary
Nurcan Bayraktar v. Türkiye, no. 27094/20
Refusal to exempt the applicant, without her undergoing a medical examination to prove that she was not pregnant, from the 300-day waiting period imposed on divorced women wishing to remarry.
Judgment | Legal Summary
Nepomnyashchiy and Others v. Russia, nos. 39954/09 and 3465/17
Domestic authorities’ failure to respond adequately to homophobic statements made by state officials against members of the LGBTI community.
Judgment
A.E. v. Bulgaria, no. 53891/20
Domestic authorities’ failure to adequately address domestic violence against women.
Judgment | Legal Summary
Szolcsán v. Hungary, no. 24408/16
Segregation of a Roma pupil in a primary school.
Judgment
Paun Jovanović v. Serbia, no. 41394/15
Article 1 of Protocol No. 12: lawyer prevented from using a variant of the Serbian language despite its official status.
Judgment | Legal Summary
Hoppen and trade union of AB Amber Grid employees v. Lithuania, no. 976/20
Alleged discriminatory dismissal of trade union leader on grounds of his union activities.
Judgment | Legal Summary
Hoppen and trade union of AB Amber Grid employees v. Lithuania, no. 976/20
Alleged discriminatory dismissal of trade union leader on grounds of his union activities.
Judgment | Legal Summary
Moraru and Marin v. Romania, nos. 53282/18 and 31428/20
Article 1 of Protocol No. 12: gender discrimination in civil-service retirement ages. Applicability and merits.
Judgment
Elmazova and Others v. North Macedonia, nos. 11811/20 and 13550/20
Discrimination of Roma pupils on account of their segregation in two State-run primary schools attended predominantly by Roma children and with Roma-only classes respectively.
Judgment | Legal Summary
Bakirdzi and E.C. v. Hungary, nos. 49636/14 and 65678/14
Shortcomings of the national minority voting system.
Judgment | Legal Summary
Moraru v. Romania, no. 64480/19
Discrimination on grounds of height and weight to study military medecine.
Judgment | Legal Summary
M.T. and Others v. Sweden, no. 22105/18
Temporary three-year suspension period for family reunification of persons with subsidiary protection status in contrast to those with refugee status.
Judgment | Legal Summary
Basu v. Germany, no. 215/19
Allegations of racial profiling during identity check on a train. Applicability and merits.
Judgment | Legal Summary
Muhammad v. Spain, no. 34085/17
Allegations of racial profiling during identity check on the street. Applicability and merits.
Judgment | Legal Summary
Zeggai v. France, no. 12456/19
Alleged discrimination based on date of birth.
Judgment | Legal Summary
Beeler v. Switzerland [GC], no. 78630/12
Termination of widower’s pension when the youngest child reaches the age of majority while widows continued to receive one. Applicability and merits.
Judgment | Legal Summary
Pinkas and Others v. Bosnia and Herzegovina, no. 8701/21
Article 1 of Protocol No. 12: difference in treatment by domestic courts, on the basis of “other status”, of judicial clerks vis-à-vis judges, concerning period of entitlement to work-related allowances.
Judgment | Legal Summary
P.C. v. Ireland, no. 26922/19
Convicted prisoner statutorily disqualified from old-age pension payments while incarcerated. Applicability and merits.
Judgment | Legal Summary
Advisory opinion on the difference in treatment between landowners’ associations “having a recognised existence on the date of the creation of an approved municipal hunters’ association” and landowners’ associations set up after that date [GC], no. P16-2021-002
Difference in treatment between landowners' associations in the context of hunting rights on private land.
Advisory Opinion | Legal Summary
Dimici v. Türkiye, no. 70133/16
Refusal to allow a woman to receive income from a charitable foundation on the basis of an Ottoman-era legal document.
Judgment | Legal Summary
Paparrigopoulos v. Greece, no. 61657/16
Father of child born out of wedlock unable to exercise parental authority without mother’s consent, in spite of parentage established by DNA test.
Judgment | Legal Summary
P.W. v. Austria, no. 10425/19
Applicant resisting police not in a relevantly similar situation to an individual who has hit a private person.
Judgment | Legal Summary