Article 14: The Non-Discrimination Clauses

4.2.1. Article 14 - The non-discrimination clause

In the European Convention on Human Rights, signed in 1950, there is only one mention of minorities; Article 14, its non-discrimination clause, states: The enjoyment of the rights and freedoms recognized in this Convention must be ensured, without distinction of any kind, based in particular on sex, race, color language, religion, political opinions or any other opinions, national or social origin, belonging to a national minority, fortune, birth or any other situation. (Carrera et al, 28)

As its wording makes clear, Article 14 of the European Convention on Human Rights is not a general clause of non-discrimination or a provision on equality or equality before the law. (OSCE, 18) It sets out

(Kugelmann, 250) It should be noted that there is a slight difference in the wording of the English and French versions of the Convention, both of which are equally authentic. Whereas, according to Article 14, "the enjoyment of rights and freedoms [...] must be ensured without distinction of any kind ...", the English text uses the words "without discrimination". (UN Portal) There are distinctions that are not discriminations. The European Court of Human Rights has rightly pointed out that "certain inequalities of law tend to correct de facto inequalities". Here we find the idea of the second paragraph of section 15 of the Canadian Charter of Rights and Freedoms, namely, "affirmative action" or "positive discrimination". It follows from the very wording of section 14. that the list of elements according to which any discrimination is prohibited is not limiting, but merely indicative. (UN Portal)

It is not necessary that there be an intention to discriminate; the objective fact of discrimination is sufficient to constitute a violation of Article 14. The case-law relating to Article 14 seems particularly interesting. Its scope has been clarified in a series of decisions and reports by the Commission and judgments of the European Court of Human Rights, particularly in the Belgian language case. From this jurisprudence emerges a tendency towards the assertion of a certain autonomy of

Thus, under Article 5 of the European Convention on Human Rights, "[a] person arrested must be informed as soon as possible and in a language that she understands the reasons for her arrest and any charges against her. " (UN, 51) Article 6, paragraph 3 (a), of the Convention provides that every accused has the right "to be informed promptly, in a language which he understands and in a detailed manner, of the nature and the cause of the accusation against him. " In accordance with Article 6, paragraph 3, sub-paragraph (e), of the Convention, any accused has the right to "have the free assistance of an interpreter if he does not understand or speak the language used by him". (UN,