The Prohibition of Discrimination as a Legal Problem in the Case Law of the European Court of Human Rights

The Prohibition of Discrimination as a Legal Problem in the Case Law of the European Court of Human Rights JUDr. Kristýna Dolejšová Kabelová This dissertation thesis is focused on the examination of the prohibition of discrimination in the European system of the protection of human rights as based on the Convention for the Protection of Human Rights and Fundamentals Freedoms (hereinafter referred to it as the "European Convention"). The European Court of Human Rights (hereinafter referred to as the "European Court"), in its role as a component of this system of protection, acts as an international judicial organ that reviews individual applications concerning an alleged breach of the European Convention by a Member State. In the area of the protection of human rights such prohibition of discrimination is based on the fundamental principle of equality, and constitutes an integral part of all important international instruments for the protection of such rights, and of the modern national legal orders of states. Inevitably, however, the legal systems of modern-day states are built upon distinctions, categorizations and classifications inherent to their societies, creating unintentional opportunities for discrimination. The problem of the prohibition of discrimination consists in delimiting the..