The European Convention on Human Rights (1950) (ECHR) prohibits discrimination in the enjoyment of the rights provided by the Convention. Article 14 includes an exhaustive list of grounds on which discrimination shall be prohibited, these include: sex, race, colour, language, religion, national or social origin and birth. Article 14 is a parasitic provision in that it is limited to the enjoyment of the rights within the ECHR. The European Court of Human Rights have issued relatively few judgments on this provision of the ECHR, not least because if the find a violation of the substantive right involved in the case they often do not then go on to consider the Article 14 issue. Applicants who believe they have been discriminated against do not have to prove a violation of the substantive right has occurred they must however show that the discrimination came within the 'ambit' of the substantive provision of the ECHR, which was stated by the court in the case of Inze v Austria in 1987.[1]

Protocol 12 to the Convention was opened for signature in November 2000 and sets out a free standing right to equality. Article 1 of the Protocol provides a right to equality in the enjoyment of any right set forth in law in the Contracting Parties on the same grounds as Article 14. It also prohibits discrimination by public authorities on those grounds. Individuals would therefore be able to challenge as discriminatory any provision of national law regardless of whether it came within the ambit of a substantive right under the ECHR. At the time of writing the Protocol had received 28 signatures and 4 ratifications,[2] it will come into force three months after it receives its 10th ratification, as set out in Article 5 of the Protocol.

The Framework Convention for the Protection of National Minorities was opened for signature in February 1995 and came into force in February 1998. It aims to effectively protect the rights and freedoms of members of national minorities; it is also open for signature by non-Member States of the Council of Europe. As it is a 'framework' Convention it is not legally binding on domestic jurisdictions, rather it sets out objectives to be pursued by means of legislation and governmental policy at the national level and bilateral and multilateral treaties. Article 1 states that the protection of national minorities and their rights and freedoms is an integral part of the international protection of human rights, Article 2 provides that the Convention shall be applied in good faith, in the spirit of understanding and tolerance and in co-operation between states. Article 4 provides that persons belonging to national minorities have the right to equality before the law and of equal protection of the law, and prohibits discrimination based on membership of a national minority. Paragraph 2 of Article 4 states that Contracting Parties should undertake to adopt measures to promote full and effective equality in areas of economic, social, political and cultural life. The Convention also protects a number of other rights of national minorities including: the right to maintain and develop their culture; respect for freedom of peaceful assembly, freedom of association, freedom of expression, freedom of thought, conscience and religion; recognition of the right to manifests their religion or beliefs and the right to use freely and without interference minority languages. Reports on measures to give effect to the Convention are to be made to the Committee of Ministers, tasked under Article 24 to monitor the implementation of the Convention, one year after entry into force and every five years thereafter or whenever requested. An Advisory Committee assists the Committee of Ministers and examines State Parties reports under the Framework Convention.

The European Commission against Racism and Intolerance (ECRI) was set up after a decision of the 1^st Summit of Heads of State and Government of the Council of Europe Member States, in October 1993 in Vienna. ECRI works towards combating racism, xenophobia, anti-Semitism and intolerance in Europe from a human rights perspective. The Statute of ECRI is appended to Resolution Res(2002)8 of the Committee of Ministers and sets out the tasks and composition of the Commission. Article 1 sets out the objectives of ECRI which include: reviewing member states legislation on racism, xenophobia, anti-Semitism and intolerance, suggesting further action at local, national and European level and formulating General Policy Recommendations. At the time of writing seven General Policy Recommendations have been made[3], they concern issues such as law enforcement and judicial remedies[4], specialised bodies to combat racism[5] and national legislation to combat racism.[6]

[1] A 126 (1987)

[2] See for status of signatures and ratifications of Protocol 12

[3] See General Policy Recommendations.

[4] General Policy Recommendation 1, CRI (96) 43

[5] General Policy Recommendation 2, CRI (97) 36

[6] General Policy Recommendation 8, CRI(2003)8