Hotărârea Curții Europene a Drepturilor Omului în cauza Napotnik împotriva României

Abstract

In 2005 Protocol No. 12 to the Convention for the Protection of Human Rights and Fundamental Freedoms came into force. It introduced a general prohibition of discrimination and it guarantees that no-one shall be discriminated against on any ground by a public authority. In the case Napotnik against Romania, the Court analysed whether the applicant was treated differently on grounds of pregnancy. However, The European Court for Human Rights noted that a difference of treatment amounts to direct discrimination on grounds of sex if it was not justified.

Keywords

• protocol no. 12 to the convention for the protection of human rights and fundamental freedoms
• discrimination
• margin of appreciation
• pregnancy
• legitimate aim