Encarnación Carmona Cuenca

The prohibition on discrimination: new content (art. 14 ECHR and protocol 12)

This article establishes the prohibition on discrimination in the enjoyment of Convention rights. However, the Court can consider that it has been violated in conjunction with another Convention article, even if the Convention right has not been breached on its own. Member States have a certain margin of appreciation when assets such as national security, public safety, the countrys economic well-being and others set forth in the restrictive clauses are at stake. The ECtHR has introduced the concept of indirect discrimination following the Court of Justice of the European Union. The ECtHR has brought social rights under the protection of art. 14, helping to provide the article with an independent existence. Equality of spouses, in particular in relation to their children, has only very occasionally been contended and used by the Court. In practice, it does not appear to add anything substantial to the right to private and family life. Keywords:Convention right; Court; ECtHR; equality; prohibition; social rights

The right to an effective remedy before a national authority problems of interpretation (art. 13 ECHR)

The art.13 originated during the preparatory work on the Convention, out of the reluctance of some States, to submit individual claims before the Commission and the creation of the ECtHR itself, hence the insistence on the importance of protecting these rights through domestic measures. One of the greatest problems of interpretation posed by this article is its controversial autonomy in relation to other Convention rights. The Court has established that art. 13 does not oblige States to include the ECHR in their national law, although it has reiterated that it imposes a positive obligation to establish effective means in national law for the integral reparation of breaches of Convention rights. The obligation of States to establish effective relief for breaches of Convention rights in their national law is related to the classic rule establishing the need to exhaust all domestic remedies before applying to the Court, established in art. 35.1. Keywords:breach; domestic remedy; ECtHR; European Convention on Human Rights (ECHR); interpretation; National Law; obligation; reparation