La discrimination concernant les droits successoraux dans la jurisprudence de la Cour EDH
Discrimination related to inheritance rights in the ECHR case law

Summary/Abstract: Inheritance rights are not explicitly part of the fundamental rights expressly protected by the European Convention on Human Rights. However, by praetorian and dynamic means, the Court has come to recognize and protect certain rights by expanding the interpretation of its provisions relating to the rights expressly enshrined in the Convention by considering that these rights are, for example, included in the scope of art. 8, which guarantees the right to respect for family life or Article 1 of Additional Protocol 1 on the right to property. On this basis, it is clear that the right to non-discrimination provided for in article 14 of the Convention would be applicable when certain interferences with the rights expressly enshrined are neither proportionate nor justified in an objective and reasonable manner in relation to that right. One could then say that Article 14 is thus an integral part of each of the articles enshrining rights and freedoms as it does not have an ”independent existence”.

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