Republic, Amnesty International v Zambia, Timishev v
Russia and Feryn constitute a welcome development in
anti-discrimination law. In contrast, the case law on
religious discrimination is limited and requires a higher
level of scrutiny of state measures. This is particularly
important in the cases concerning intersectional
discrimination based, for example, on the grounds of
religion and gender. The jurisprudence of the ECtHR is
particularly disappointing in this respect, as it seems to be
outdated: the Court continues to be unwilling to consider
the applicants’ claims of multiple discrimination.
Although it is commendable that racial discrimination
is strongly condemned, the differentiation between the
grounds of non-discrimination may lead to an undesirable
hierarchy. Such hierarchy of grounds is particularly visible
in the context of EC Equality Directives, with race and
ethnicity in the first place, sex second, and other grounds,
such as religion or belief, accorded the least protection.
However, the Directives could be used as a fertile ground
for developing the concept of ‘intersectional’
discrimination in practice, particularly where a group may
share a common ethnic origin and a common religion.
MINORITY GROUPS AND LITIGATION: A REVIEW OF DEVELOPMENTS IN INTERNATIONAL AND REGIONAL JURISPRUDENCE
19