A14 ECHR

Question 1

2 types of discrimination under A14

Answer 1

Direct

Indirect

Question 2

Direct discrimination

Answer 2

A person is treated unfavourably by comparison to others in a similar situation to a characteristic they possess under ‘protected grounds’ e.g. Age, sex, language, race

Question 3

Indirect discrimination

Answer 3

Neutral criterion that affects a group defined by ‘protected grounds’ in a significantly more negative way by comparison to others in a similar situation
= treated the same as others when they shouldn’t have been due to circumstances -> outcome not process that must give equality

Question 4

Cases for direct discrimination

Answer 4

A v UK
BURDEN v UK
GODIN MENDOZA

Question 5

Cases for indirect discrimination

Answer 5

DH v CZECH REPUBLIC

THLIMMENOS v GREECE

Question 6

BURDEN v UK (related to A8)

Answer 6

• 2 sisters live together, when one dies the other wanted to claim right to tenancy
• Can’t without inheritance tax -> unfair as if it were a couple it would be automatic
• NOT THE SAME no discrimination as blood ties are different from chose relationships

Question 7

GODIN MENDOZA (also relation to A8)

Answer 7

• Under Rent Act 1977 tenancy only passed on to heterosexual couples
• Discrimination against gays
• UK made it compatible by orally stating it applies to homosexuals also

Question 8

A v UK

Answer 8

• Discrimination on nationality
• Couldn’t be deported as he would face the death penalty in home country
• While kept in UK was subject to indefinite movement and restrictions that would not apply to a national/EU citizen
• Treated differently due to race = DISCRIMINATION

Question 9

DH v CZECH REPUBLIC

Answer 9

• Case that determined indirect discrimination
• Students were segregated into schools due to ‘IQ’
• Romany students claimed it was race instead, no evidential evidence but statistic showed this to be the case
• 55% of Romany students in special needs schools which prevented them progressing past high school = caused mental harm
  INDIRECT DISCRIMINATION

Question 10

THLIMMENOS v GREECE

Answer 10

• T had criminal record due to refusing to wear military uniform on religious grounds - not an actual crime
• Denied job as an accountant -> conviction irrelevant to the application as was religious grounds not criminal (should have been an exception)
• Religious reasons wouldn’t affect job as accountant
  = INDIRECT DISCRIMINATION