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15 October 2010
Issue: 7437 / Categories: Case law , Law digest
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Human rights

JM v United Kingdom [2010] ECHR 37060/06, [2010] All ER (D) 51 (Oct)

For an issue to arise under Art 14 of the European Convention on Human Rights, there had to be a difference in the treatment of persons in relevantly similar situations, such difference being based on one of the grounds expressly or implicitly covered by that provision.

Such a difference in treatment would be discriminatory if it lacked reasonable and objective justification, that was to say it did not pursue a legitimate aim, or if there was no reasonable relationship of proportionality between the means employed and the aim pursued.

There was a margin of appreciation for states in assessing whether and to what extent differences in otherwise similar situations justified a different treatment, and that margin was usually wide when it came to general measures of economic or social strategy. However, where the complaint was one of discrimination on grounds of sexual orientation, the margin of appreciation would be narrow. The state had to be able to point to particularly convincing and weighty reasons

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MOVERS & SHAKERS

Weightmans—Jason Slatcher

Weightmans—Jason Slatcher

Weightmans appoint new Chief Technology Officer

Mishcon de Reya—trainees

Mishcon de Reya—trainees

Mishcon de Reya announces trainee retention rate of 86%

Sackers—Charlotte Adams & Fraser Sutton

Sackers—Charlotte Adams & Fraser Sutton

Sackers welcomes two new Graduate Solicitor Apprentices

NEWS
LexisNexis will mark the 80th anniversary of Shawcross and Beaumont on Air Law with a live podcast exploring the evolution of aviation law from the Chicago Convention to the challenges facing modern aerospace, taking place on Tuesday 29 September
Harmony Christian Ministries is the latest charity to benefit from a £500 donation from AlphaBiolabs via the company’s Giving Back initiative
Foreign judgment creditors have gained a route to recovery after the Supreme Court’s ruling in Drelle v Servis-Terminal
Surrogacy is growing in popularity, but parents-to-be face a complex legal framework
Winning a judgment may be only the beginning of an expensive enforcement battle, writes Professor Dominic Regan in this week's NLJ
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