Poverty-Related Discrimination in the European Court of Human Rights or the ‘Art of Ignoring the Poor’ – Analysing the ECtHR’s Non-Discrimination Jurisprudence Based on Sen’s Capability Approach and Fredman’s Four-Dimensional Concept of Substantive Equality

Sammanfattning

Poverty and non-discrimination law have traditionally evolved on two parallel tracks. The former has primarily been dealt with in socioeconomic terms, while the latter mainly focused on civil and political rights. Despite having the legal avenues to do so, the European Court of Human Rights (ECtHR) remains reluctant to recognise poverty as a discrimination ground. Hence, this thesis explores the contributions of Sen’s capability approach and Fredman’s substantive equality concept to the interpretation of Article 14 of the European Convention on Human Rights (ECHR). It is argued that both theories have the potential to bring about critical developments in the Court’s non-discrimination case law. It is contended that once the Court has acknowledged the links between discrimination and poverty as capability deprivation, it could draw on Fredman’s framework to recognise poverty as a discrimination ground of Article 14 ECHR (recognition dimension). Further, States should be under positive duties to cater to the needs of persons living in poverty to facilitate their capability to access and enjoy Convention rights on equal terms (redistributive, participative, and transformative dimensions).