Art 14 Probihition of Discrim

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  • Created by: Jamila
  • Created on: 07-04-13 21:08
Article 14 protects
Discrimination
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Art 14 test
Does the claims fall within the am, Was there discrimination
2 of 17
Ambit test
it does not actually have to fall within the convention breach, must always be fair, - Linguistic case-
3 of 17
Pensions
Need not be provided but they must not be discrimatory. Stec v UK
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Zarb Adami v Malta
jury service contray to art4 , held art 14 ambit..
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Limits to discrimatory characteristics
Sidabra and Dziatus v Lithunia - former KGB employees banned from employment. But this was a violation there was no link discrimatory.
6 of 17
Magee v UK
Applicant complained of no access in Northern Ireland because of his ethnicty. Held, this was due to diff legal system - no violation.
7 of 17
Thlimmeous v Greece
Jehvovah witnesses not admitted as chartered accountants... due to previous convictions. Unfair, should have distinguished between those who committed.
8 of 17
Indirect discrim - neutral rule but has distinctiive effects
Zarb Adami v Malta
9 of 17
Justification of discrim, where objective and reasonable
Beligina Linguistic
10 of 17
Status of children
Marckx Belgium - adopt child Inze v Austria leg son inherent - vios
11 of 17
Pia and Puncernal v Andora
adopted child, must be legitmate son for inhertance, no reaosnable just to dis btween bio
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Child care allowance
Petravic v Austria - father claim parental allowance, only oprn to mothers. Disc but MoA.
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Adoption
Frette v France - gay app refused to adopt. No vio. Moa
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E.B v France
app in stable sex relationship to adopt. Vio
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No Violation. where one party of SC couldnt adopt
Gas and Dubois v France
16 of 17
X v Austria
woman living together one adopts. Narrow MoA
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Other cards in this set

Card 2

Front

Art 14 test

Back

Does the claims fall within the am, Was there discrimination

Card 3

Front

Ambit test

Back

Preview of the front of card 3

Card 4

Front

Pensions

Back

Preview of the front of card 4

Card 5

Front

Zarb Adami v Malta

Back

Preview of the front of card 5
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