National Security Certificates issued in Northern Ireland which had the effect of preventing his making a claim of discrimination, was disproportionate. The Act guaranteed person’s a right not to be discriminated for religious belief or political opinion in the job market. That is a civil right. The government argued that since the post applied for was a civil service post, special rules applied. However the post applied for was at the lowest grade, and there had been no independent scrutiny provided, and no evidence given to the Fair Employment Tribunal. The court found a breach of the applicant’s article 6 rights.
Judges:
J-. Costa, P and Judges W. Fuhrmann, L. Loucaides, F. Tulkens, Sir Nicolas Bratza, K. Traja and M. Ugrekhelidze Section Registrar S. Dolle
Citations:
Times 09-Nov-2001, 29545/95, [2001] ECHR 723, [2001] ECHR 730
Links:
Statutes:
European Convention on Human Rights Art 6.1, Fair Employment (Northern Ireland) Act 1976 42
Jurisdiction:
Human Rights
Citing:
Cited – Tinnelly and Sons Ltd and Others and McElduff and Others v United Kingdom ECHR 10-Jul-1998
Legislation which disallowed claimants who asserted that they had been discriminated against, on the grounds of their religious background, from appealing through the courts system, was a clear breach of their human rights. A limitation will not be . .
Applied – Pellegrin v France ECHR 8-Dec-1999
The court modified the approach taken in earlier decisions, that there are excluded from the scope of article 6(1) disputes raised by public servants whose duties typify the specific activities of the public service in so far as the latter is acting . .
Lists of cited by and citing cases may be incomplete.
Human Rights
Updated: 28 April 2022; Ref: scu.166794