European Convention, and Human Rights Act 1998

The Equality Act 2010 is the main anti-discrimination legislation for disabled people in the UK. However, the European Convention on Human Rights may help fill in some gaps. It is a Council of Europe convention, and was brought into UK law by the Human Rights Act 1998. This means it is easier than with most international conventions for individuals to rely on their Convention rights in the UK courts.

Artticle 14: Non-discrimination
Other Convention rights
Where may the Convention rights increase Equality Act protection?
Links

Article 14: Non-discrimination

Article 14 of the Convention says that the enjoyment of the rights and freedoms set forth in the Convention must be secured without discrimination "on any ground such as" sex, race etc "or other status". Key points on Article 14 are:

Coverage of disability

Disability and various health conditions have been held to fall within Article 14. See Disability under Article 14.

Cases on disability under the European Court of Human Rights include Glor v Switzerland (2009), G.N. v Italy (2009), Kiyutin v Russia (2011) and, though not on Article 14, Alajos Kiss v Hungary (2010).

Only applies within scope of another Convention right

Article 14 can be used only in a situation which falls within the 'ambit' (i.e. scope) of another Convention right. There is no general right against discrimination under the European Convention. For example, there is no general right against employment discrimination. However, there are Convention rights relating to education, and a right to a fair trial, amongst others. So the anti-discrimination provision should apply in these areas, as well as others covered by the Convention. Article 8 providing for a right to private and family life may have particular relevance to disability. For more: Scope of Convention rights.

'Discrimination' and 'justification'

What counts as 'discrimination' is quite wide. Where there is potential discrimination, the State may be able to show that the relevant difference in treatment is 'justified'. However, cases suggest that it is more difficult to justify disability discrimination. See Discrimination.

How is the European Convention enforced?

Under the Human Rights Act 1998, European Convention rights can be directly enforced in UK courts against a 'public authority'. However, to argue these rights against anyone else, one needs some other right of action (e.g. an Equality Act claim) to 'hang' the claim onto. The Equality Act and other laws have to be interpreted in accordance with the Convention rights so far as possible, whether or not the claim is against a public authority. It is possible to appeal to the European Court of Human Rights in Strasbourg. See Enforcement.

Other Convention rights

Even without Article 14, disability discrimination may be a breach of the Convention. For examples, see Scope of European Convention: Using rights other than Article 14.

Where may the Convention rights increase Equality Act protection?

Coverage of stammer even if it is only 'minor'?

The Convention may contribute to an argument that discrimination is unlawful even if the stammer is only 'minor' or 'trivial'. See Disability under Article 14: Boundaries of what falls within Article 14...

Areas beyond the Equality Act

The European Convention can apply in areas beyond the scope of the Equality Act. An example is that regulations (and indeed Acts of Parliament) can be challenged under the European Convention. So, for instance, social security benefit regulations might perhaps be challenged if they drew unjustifiable distinctions between different types of disability (see below Property (including tax and social security): Protocol 1, Article 1).

These areas - beyond the main provisions of Equality Act 2010 - may nevertheless be within the scope of its weaker Public Sector Equality Duty, as well as the European Convention.

Supplementing existing Equality Act provisions

For areas such as education, and the courts and police, both the Equality Act and the European Convention can apply. For coverage by the European Convention, see Scope of Convention rights.

Here the principles of the European Convention may be relevant in interpreting and applying the Equality Act. For example, it could be relevant that the 'justification' test applied by the European Court to disability is rigorous, with weighty reasons reasons being required and the State being given only a narrow discretion.