Protocol 12 to the European Convention on Human Rights
Protocol No. 12 to the [European European Convention on Human Rights|Convention on Human Rights|Convention for the Protection of Human Rights and Fundamental Freedoms] is an anti-discrimination treaty of the Council of Europe. It was adopted on November 4, 2000, in Rome and entered into force on April 1, 2005, after tenth ratification. As of July 2024, it has been ratified by 20 states.
Core provisions
Article 1 – General 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.
Unlike Article 14 of the Convention itself, the prohibition of discrimination in Protocol 12 is not limited to enjoying only those rights provided by the Convention. The additional scope of the Protocol covers four categories of cases:
- Cases where a person is subjected to discrimination in the enjoyment of any right specifically conferred upon the individual by national law ;
- Cases where a person is subjected to discrimination in the enjoyment of any right arising from clear obligations imposed upon public authorities under national law ;
- Cases involving discrimination by public authorities in the exercise of discretionary powers ;
- Cases involving discrimination resulting from other acts or omissions by public authorities.