Vulnerability under Article 14 of the European Convention on Human Rights

Abstract

On the basis of a few initial judgments, the literature has identified an emerging vulnerable groups approach under Article 14 ECHR. This article enquires into how this trend has played out in subsequent case law. It provides an analysis that is firmly anchored in the full body of the European Court of Human Rights' jurisprudence under Article 14, and asks whether the emerging vulnerable groups approach is innovative when assessed against that background. The article concludes that, while group vulnerability under Article 14 continues to have the function of facilitating stricter review and a more substantive approach in the case at hand, this may seem more novel than it actually is, since the traditional ‘suspect’ discrimination grounds approach could be described in exactly the same terms. Instead, the article argues that the novelty involved rather seems to be the potential of vulnerability to function as a tool for identifying and elaborating the instances when variations in approach may be appropriate even within the same discrimination ground. Finally, it exhibits how classic approaches are still being applied by the Court where vulnerability could be raised, and how the Grand Chamber of the Court still seems extremely cautious in adopting vulnerability as an analytic lens.

Keywords

• Non-discrimination
• European Convention on Human Rights
• European Court of Human Rights
• group vulnerability.
• EuropeanConventiononHumanRights
• EuropeanCourtofHumanRights