European Court of Human Rights

“Accordingly, the Court considers that a distinction made on account of an individual’s health status, including such conditions as HIV infection, should be covered – either as a disability or a form thereof – by the term “other status” in the text of Article 14 of the Convention”

§ 57 the decision Kiyutin against Russia

The European Court of Human Rights well defines the concept of "other status" far out. At 2002 the Court in its judgment "Pretty v United Kingdom" (2346/62) recognized that a disease could fall under the scope of "other status " as it is expressed in Article 14 of the Convention. In this specific case though, the discrimination was denied.

In 2009, the Court of Justice in its judgment "Glor against Switzerland" the discrimination against the claimant due to his diabetes was recognized as discrimination under Article 14.

Since the decision "Kiyutin against Russia" (2700/10) from 10.03.2011 chronic diseases fall under Article 14. The Court held that although Article 14 does not explicitly describe a health status or medical condition as grounds for discrimination, physical disability and various health effects fall under the context of that provision.

In this specific case the residence permit of an Uzbek man was refused by the Russian authorities because of his HIV infection. The ECHR noted that the list of grounds in Article 14 of the Convention is open and that an HIV infection may fall under Article 14 as ground for discrimination.

© Büro zur Umsetzung von Gleichbehandlung e.V. 2011