European Court of Human Rights and Protection against Discrimination: Jurisprudence and Evolution of Standards

This edited volume published by Analitika brings together papers which address the complex issues related to the right to freedom from discrimination focusing on the relevant jurisprudence of the European Court of Human Rights

Themes: Human RightsJudiciary and Access to Justice


The main goal of this publication, which may also be understood as a handbook of a sort, is to offer an overview of the jurisprudence of the European Court of Human Rights in this area in an evolutionary perspective, focusing on three key thematic units: the grounds of discrimination, types of discrimination, and exceptions to the principle of equal treatment.

The volume brings four papers, the first two of which cover two key themes when it comes to the concept of protection against discrimination in the system of the European Convention on Human Rights. The paper by Zlatan Meškic deals with prohibited grounds, that is, the characteristics on the basis of which unjustifiable difference in treatment constitutes discrimination. The second paper, written by Mario Reljanovic, offers a rich overview of the types of discrimination and their understanding in the practice of the European Court of Human Rights.

In addition to these two, this book includes two papers previously published on the website of the Center for Social Research Analitika, which elaborate on the third key topic in this area: exceptions to the principle of equal treatment. The first paper in this thematic unit, written by Vanja Kovač, points to key approaches to understanding the exceptions of equal treatment, that is, justification of different treatment in accordance with the European Convention on Human Rights, as well as the relevant European Union directives. The closing paper in this book, written by Amila Kurtović, touches on one of the particularly important exceptions to the equal treatment principle – the genuine and determining occupational requirement - from the perspective of a ban on wearing religious symbols at the workplace.

We sincerely hope that this publication will be of benefit to all those interested in the issues of discrimination and anti-discrimination law in BiH, but also in other countries of the former Yugoslavia.

The publication in local languages is available HERE.

The publication is published within the project “Equality for All: Civil Society Coalition against Discrimination“, and is implemented in cooperation with Mediacentar Sarajevo, Analitika – Center for Social Research, Rights for All and Vaša prava BiH. This project is financed by USAID and Open Society Fund Bosnia and Herzegovina.

This publication is published by the generous support of the American People through the United States Agency for International Development (USAID). The contents of this Commentary are the sole responsibility of the author and do not necessarily reflect the views of USAID or the United States Government.