Article 14 of the European Convention on Human Rights condemns discrimination on any grounds. The list of criteria it enumerates is not exhaustive; it simply sets out some of the most common grounds for discrimination, such as sex, race, language, religion, property, birth, membership of a minority, membership of a political group and so on.
But the scope of this prohibition is limited to discrimination affecting access to the rights recognised by the Convention.
This guarantee is therefore supplemented by Additional Protocol No. 12, Article 1 of which states that the prohibition of discrimination extends to all legal rights, even those not protected by the Convention, provided that they are protected under national law.
But beware: this Additional Protocol No. 12 has only been ratified by 10 States to date, and France is not one of them.
Article 14 – Prohibition of discrimination
“The enjoyment of the rights and freedoms set forth in the Convention shall be secured without discrimination on any ground such as sex, race, colour, language, religion, political or other opinion, national or social origin, association with a national minority, property, birth or other status.”
Article 1 of Protocol No. 12 – General prohibition of discrimination
Protocol 12 to the European Convention on Human Rights and Fundamental Freedoms on the Prohibition of Discrimination“1. The enjoyment of any right set forth by law shall be secured without discrimination on any ground such as sex, race, colour, language, religion, political or other opinion, national or social origin, association with a national minority, property, birth or other status.
2. No one shall be discriminated against by any public authority on any ground such as those mentioned in paragraph 1.”