Non-discrimination under the European Convention on Human Rights: a critique of the United Kingdom’s refusal to sign and ratify Protocol 12 (in ‘Human rights survey 2002’, pHR/3-HR/18)

This issue is devoted entirely to the subject of human rights.

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 United Kingdom 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.