Consequently, 'the State, which went beyond its obligation under Article 8 in creating such a right - a possibility open to it under Article 53 of the Convention - cannot, in the application of that right, take discriminatory measures within the meaning of Article 14' (E.B. It applies also to those additional rights, falling within the general scope of any Convention Article, for which the State voluntarily decided to provide (E.B v France 47-48). Thus the prohibition of discrimination ensrhined in Article 14 extends beyond the enjoyment of the rights and freedoms which the Convention requires each State to guarantee. It is necessary but it is also sufficient for the facts of the case to fall within the ambit of one or more of the Articles of the Convention (Abdulaziz, 71). The application of Article 14 does not necessarily presuppose the violation of one of the substantive rights protected by the Convention.
It has no independent existence since it has effect solely in relation to 'the enjoyment of the rights and freedoms' safeguard by those provisions' (Sahin, 85). Code: Select all :*:notion14echr::Article 14 only complements the other substantive provisions of the Convention and the Protocols thereto.
0 kommentar(er)
