Non-discrimination under the European Convention on Human Rights: a critique of the UK Government's refusal to sign and ratify Protocol 12.

Grief, N., 2002. Non-discrimination under the European Convention on Human Rights: a critique of the UK Government's refusal to sign and ratify Protocol 12. European Law Review, 27, pp. 3-18.

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Abstract

The European Convention on Human Rights does not contain a general prohibition of discrimination. Article 14 is accessory to the Convention’s other substantive guarantees and has no independent existence, with the result that certain forms of discrimination cannot be brought within its ambit. In order to cure this defect, the Committee of Ministers of the Council of Europe has adopted Protocol 12 which provides for a general prohibition of discrimination. However, the UK Government has declared that it has no immediate plans to sign and ratify Protocol 12. After outlining the scope of Article 14 with reference to recent Strasbourg and domestic case-law and explaining the main provisions of the new Protocol, this article offers a critique of the Government’s position

Item Type:Article
ISSN:0307-5400
Subjects:Social Sciences > Law
Social Sciences > Politics
Group:Business School > Department of Law
ID Code:1258
Deposited By:INVALID USER
Deposited On:11 Dec 2007
Last Modified:07 Mar 2013 14:36

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