ON THE LEGAL POSİTİON OF THE EUROPEAN COURT OF HUMAN RİGHTS İN CASES OF DİSCRİMİNATİON
Keywords:
discrimination, Convention, Protocol, Court, unfavourable treatment, rights and freedoms, сase law, public authorities, decision, articleAbstract
The presented article is devoted to the study of the criteries and terms used for the legal definition of discrimination in the case law of the European Court of Human Rights. For this purpose, the main cases decided since the 1960s were studied, the point and legal position of the Court's jurisdiction in this area were revealed. The criteria used to establish discrimination are
summarized by using examples from specific court cases. Some cases of insufficient consideration of local characteristics and and the margin of appreciation of states have been identified, which is incompatible with the evolutionary essence of the Court’s activities.
