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Les vulnérables: Evaluating the vulnerability criterion in Article 14 cases by the European Court of Human Rights

Accepted version
Peer-reviewed

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Type

Article

Change log

Authors

Kim, SY 

Abstract

jats:titleAbstract</jats:title>jats:pThe European Court of Human Rights (the Court) has been invoking the vulnerability criterion to overcome the drawbacks of cases concerning Article 14 of the European Convention on Human Rights, the prohibition of discrimination. This new criterion, allowing the Court to favour the applicants, highlights the applicants’ group affiliation. However, whether this criterion is effective in protecting vulnerable applicants against discrimination is doubtful. To examine this, I divide the Court's approach to Article 14 before and after the application of the vulnerability criterion. I argue that vulnerability criterion was used to fix the drawbacks of Article 14, but eventually backfired. The concept of vulnerability has been ambiguous, inconsistently used by the Court, and paternalistic. I suggest the Court focus on individual autonomy rather than grouping the applicants to improve their legal reasoning of Article 14.</jats:p>

Description

Keywords

human rights, vulnerable groups, vulnerability, discrimination, European Convention on Human Rights, European Court of Human Rights

Journal Title

Legal Studies

Conference Name

Journal ISSN

0261-3875
1748-121X

Volume Title

41

Publisher

Cambridge University Press (CUP)

Rights

All rights reserved