Thlimmenos v Greece
Article 14 is also breached where states fail without objective and reasonable justification to treat differently persons whose situations are significantly different.
Facts
Mr Thlimmenos, a Jehovah's Witness, was convicted of insubordination for refusing to wear military uniform during a period of general mobilisation, because of his religious beliefs. Years later, he passed the examination to become a chartered accountant, but he was refused appointment because of his criminal conviction, under a rule which excluded anyone convicted of a serious crime.
Legal principle
The Grand Chamber held that there had been a violation of article 14, read with article 9. The court said that the right not to be discriminated against in the enjoyment of Convention rights is violated not only when states treat differently persons in analogous situations without an objective and reasonable justification, but also when states without an objective and reasonable justification fail to treat differently persons whose situations are significantly different. Mr Thlimmenos's conviction for refusing to wear uniform for religious reasons did not imply any dishonesty or moral turpitude, so there was no justification for treating him in the same way as other convicted persons.
Related cases on discrimination, property, education and elections (article 14 and the Protocols)
- Ali v Head Teacher and Governors of Lord Grey School [2006] UKHL 14, [2006] 2 AC 363
- Belgian Linguistic Case (No 2) (1979) 1 EHRR 252
- Burden v United Kingdom (2008) 47 EHRR 38
- DH v Czech Republic (2008) 47 EHRR 3
- Hirst v United Kingdom (No 2) (2006) 42 EHRR 41
- JA Pye (Oxford) Ltd v United Kingdom (2008) 46 EHRR 45
- James v United Kingdom (1986) 8 EHRR 123
- Mathieu-Mohin and Clerfayt v Belgium (1988) 10 EHRR 1
Studying human rights law? Our tutors help you understand and apply cases like this in essays, problem questions and exams. Request a quote or browse our law notes.
This summary is for study and revision and is not legal advice. Although our case summaries are checked for accuracy, we do not guarantee that they are free from errors or omissions. Always read the full judgment for the court's reasoning.
