Sexual orientation discrimination and Article 14 of the European Convention on Human Rights: the problematic approach of the European Court of Human Rights

Gay and lesbian people have long looked to art.14 of the European Convention on Human Rights (ECHR) to challenge and address odious forms of discrimination against them. Article 14 ECHR, which prohibits discrimination in respect of the enjoyment of the rights and freedoms contained in the ECHR, has been invoked in a wide range of complaints about sexual orientation discrimination in the European Court of Human Rights (the Court) since the early 1980s. Although, over time, the Court has developed important protections for gay and lesbian people through its evolving case law, its approach to art.14 ECHR in respect of sexual orientation discrimination has remained inconsistent. This article critically explores the inconsistencies in the Court's approach to applying and interpreting art.14 ECHR in relation to sexual orientation discrimination. The article explains why the Court's approach is problematic for gay and lesbian people in terms of the protection of their human rights.