The European Convention on Human Rights: Immutable Status and Sex Discrimination Arguments

Robert Wintemute

in Sexual Orientation and Human Rights

Published in print July 1993 | ISBN: 9780198264880
Published online March 2012 | e-ISBN: 9780191682841 | DOI:

Series: Sexual Orientation and Human Rights

The European Convention on Human Rights: Immutable Status and Sex Discrimination Arguments

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This chapter examines the extent to which applicants under the European Convention on Human Rights have used immutable status and sex discrimination arguments under Article 14. It also discusses what obstacles there may be to the success of immutable status, sex discrimination, and fundamental choice arguments under the Convention, and assesses the level of protection provided by the Convention against sexual orientation discrimination. It considers cases handled by the European Court of Human Rights: five early criminalisation cases, six age of consent cases, Dudgeon v UK, six same-sex couple cases, Bruce v. UK, and Gay News Ltd. v. UK. The chapter concludes with a brief analysis of the protection which the United Nations Human Rights Committee began to provide in 1994, under another international human rights treaty, the International Covenant on Civil and Political Rights.

Keywords: Europe; immutable status; sex discrimination; fundamental choice; sexual orientation; sexual orientation discrimination; European Court; criminalisation; age of consent; same-sex couple

Chapter.  17648 words. 

Subjects: Human Rights and Immigration

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