Sexual orientation discrimination and Article 14 of the ECHR

I have made available a draft of an article that considers how the European Court of Human Rights applies and interprets Article 14 of the European Convention on Human Rights in cases concerning sexual orientation discrimination.

Here is the abstract:

Gay and lesbian people have long looked to Article 14 of the European Convention on Human Rights to challenge and address odious forms of discrimination against them. Article 14 ECHR, which prohibits discrimination in respect of the enjoyment of the rights and freedoms contained in the ECHR, has been invoked in a wide range of complaints about sexual orientation discrimination in the European Court of Human Rights since the early 1980s. Although, over time, the Court has developed important protections for gay and lesbian people through its evolving case law, its approach to Article 14 ECHR in respect of sexual orientation discrimination has remained inconsistent. This article critically explores the inconsistencies in the Court’s approach to applying and interpreting Article 14 ECHR in relation to sexual orientation discrimination. The article explains why the Court’s approach is problematic for gay and lesbian people in terms of the protection of their human rights.

The article is available here: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=4571301