Decision of the European Court of Human Rights in the case of Napotnik vs. Romania Cover Image

Hotărârea Curții Europene a Drepturilor Omului în cauza Napotnik împotriva României
Decision of the European Court of Human Rights in the case of Napotnik vs. Romania

Author(s): Andreea Moroianu
Subject(s): Human Rights and Humanitarian Law, Court case
Published by: Institutul Român pentru Drepturile Omului
Keywords: Protocol No. 12 to the Convention for the Protection of Human Rights and Fundamental Freedoms; discrimination; margin of appreciation; pregnancy; legitimate aim;

Summary/Abstract: In 2005 Protocol No. 12 to the Convention for the Protection of Human Rights and Fundamental Freedoms came into force. It introduced a general prohibition of discrimination and it guarantees that no-one shall be discriminated against on any ground by a public authority. In the case Napotnik against Romania, the Court analysed whether the applicant was treated differently on grounds of pregnancy. However, The European Court for Human Rights noted that a difference of treatment amounts to direct discrimination on grounds of sex if it was not justified.

  • Issue Year: 2020
  • Issue No: 2
  • Page Range: 84-89
  • Page Count: 6
  • Language: Romanian