This chapter analyzes equality and non-discrimination as central mechanisms through which the European Convention on Human Rights protects cultural identity in pluralistic societies. It explains the evolution of Article 14 ECHR from an accessory guarantee into a more substantive equality norm, reinforced by Protocol No. 12, and clarifies the distinction between formal equality and the demand to treat unequal situations differently. Particular attention is given to indirect discrimination, through which ostensibly neutral rules may privilege majority practices and impose disproportionate burdens on minorities. Drawing on the Court’s case law on religion, ethnicity, Roma inclusion and workplace accommodations, the chapter shows how equality claims often collide with public order and state discretion. It then examines the Court’s “vulnerability” reasoning as a tool for recognizing structural disadvantage, while also noting risks of inconsistency and paternalism. Finally, the chapter addresses racist violence, hate speech, and hate crime, highlighting the Court’s positive obligations and procedural duties to investigate discriminatory motives, as well as recent developments concerning racial profiling and the allocation of the burden of proof.

错误:搜索内容不能为空,请输入英文关键词
错误:关键词超出字数限制,请精简
高级检索

The Right to Equality

  • Nikolaos Gaitenidis

摘要

This chapter analyzes equality and non-discrimination as central mechanisms through which the European Convention on Human Rights protects cultural identity in pluralistic societies. It explains the evolution of Article 14 ECHR from an accessory guarantee into a more substantive equality norm, reinforced by Protocol No. 12, and clarifies the distinction between formal equality and the demand to treat unequal situations differently. Particular attention is given to indirect discrimination, through which ostensibly neutral rules may privilege majority practices and impose disproportionate burdens on minorities. Drawing on the Court’s case law on religion, ethnicity, Roma inclusion and workplace accommodations, the chapter shows how equality claims often collide with public order and state discretion. It then examines the Court’s “vulnerability” reasoning as a tool for recognizing structural disadvantage, while also noting risks of inconsistency and paternalism. Finally, the chapter addresses racist violence, hate speech, and hate crime, highlighting the Court’s positive obligations and procedural duties to investigate discriminatory motives, as well as recent developments concerning racial profiling and the allocation of the burden of proof.