The Principle of Non-discrimination in the European Convention on Human Rights and in EU Fundamental Rights Law

This chapter compares the jurisprudence of the European Court of Human Rights on Art. 14 ECHR with the jurisprudence of the European Court of Justice on Art. 18 TFEU and on Art. 21 (1) of the Charter of Fundamental Rights. It will analyze the interplay between qualifications and limitations of the scope of these guarantees imposed by the text and their interpretation by the competent courts. The article finds that both courts interpret the scope of application of the equal protection guarantees rather broadly. However, when it comes to the prohibited criteria of distinction, at least the European Court of Human Rights exercises self-restraint.