Law 5110 Quiz: The Prohibition of Discrimination
Document Summary
The prohibition of discrimination: schalk and kopf v austria. The applicants alleged in particular that they were discriminated against as, being a same- sex couple, they were denied the possibility to marry or to have their relationship otherwise recognised by law. Same sex relationship fall within the notion of private life and family life. The court has established in its case-law that in order for an issue to arise under article. 14 there must be a difference in treatment of persons in relevantly similar situations. The cp enjoy a margin of appreciation in assessing whether and to what extent differences in otherwise similar situations justify a difference in treatment. The scope of margin of appreciation will vary according to the circumstances. One of the relevant factors may be the existence/non-existence of common ground between the laws of the cp. 8 because the there is a partnership act which gives the same right as marriage: vallianatos and others v greece.
