Article 14 — Prohibition of discrimination
Equal treatment, differential treatment and the duty to treat different situations differently.
Established law and case law
Accessory but wide
Article 14 has no independent existence: it applies to the enjoyment of other Convention rights, but it is engaged whenever the facts fall within the ambit of another Article. 'Other status' is an open category, and religion or belief is expressly listed.
Comparable situations
Differential treatment requires objective and reasonable justification and a proportionate relationship between means and aim. Failing to treat materially different situations differently can itself constitute discrimination.
FFVR analysis — argument, not settled law
FFVR's argument
Where an institution provides a special meal for religiously motivated dietary needs but refuses an equivalent request grounded in ethical conviction, FFVR argues the difference in treatment engages Article 14 read with Article 9 and requires justification. Whether a domestic court would accept the comparison has not been tested.
Sources
European Convention on Human Rights
Council of Europe · 1950-11-04 · ETS No. 005
Primary sourceDiscrimination Act (2008:567)
Riksdag · 2008 · SFS 2008:567
Primary sourceCharter of Fundamental Rights of the European Union
European Union · 2012 · 2012/C 326/02
The information provided by FFVR is intended for general informational and educational purposes. It is not individual legal advice. The legal analysis presented on this website includes both established law and FFVR's interpretation of relevant legal principles. Where FFVR advocates for a particular legal development, this should not be understood as a statement that such a right already exists under Swedish law.