Chapter 9 Self-test questions

. Direct discrimination can be defined as…

Failure to give preference to minority groups

Failure to remove barriers to equality

Treating a person differently compared to a person in a similar situation on the basis of a personal characteristic

Where law or policy, which is applied equally to everyone, has an adverse and disproportionate impact on a particular group

. Indirect discrimination can be defined as…

Treating a person differently compared to a person in a similar situation on the basis of a personal characteristic

Where a law or policy, which is applied equally to everyone, has an adverse and disproportionate impact on a particular group

Failure to remove barriers to equality

Failure to give preference to minority groups

. Under article 14 of the ECHR, discrimination can be raised as an issue before the European Court of human rights…

Only if it can be raised with another ECHR right and is within the ambit of another right

On any issue pertinent to the applicant

Only if another right in the ECHR is violated

Only if it can be raised with another right and the other right is not violated

. In which of the cases below did the European Court of Human Rights find that the applicant did not have a comparator, i.e. was not in an analogous position with someone who did not have the characteristic in question?

Belgian Linguistics case (1968)

Hoffman v Austria (1994)

Nachova v Bulgaria (2006)

Burden v UK (2008)

. Which of the following characteristics are not considered serious enough to narrow the margin of appreciation, therefore requiring 'very weighty reasons' from the state to justify a difference of treatment?:

Language

Sex

Race

Sexual orientation

. Which of the following statements is inaccurate?:

The need for a comparator under article 14 limits the use of the article as it makes it difficult for minority groups to use the article

Under direct discrimination, the burden of proof is on the applicant to demonstrate motive and effect; that the measure deliberately treated the applicant differently

The European Court of Human Rights has always been willing to examine indirect discrimination cases

In past cases, the European Court of Human Rights had often failed to examine article 14 if there had been a violation of the substantive right

. Which of the following statements is false?:

In D.H v Czech Republic (2007), the European Court of Human Rights held that adverse impact on a particular group could amount to discrimination

In D.H v Czech Republic (2007), the European Court of Human Rights held that the burden of proof still needed the applicant to prove motive and effect

In D.H v Czech Republic (2007), the European Court of Human Rights held that the burden of proof could shift to the state to justify a difference of treatment without proving motive if compelling evidence was provided of adverse impact

In D.H v Czech Republic (2007), the European Court of Human Rights held that statistics alone could amount to compelling evidence of adverse impact

. In which of the following cases, did the European Court of Human Rights discuss the application of Protocol 12?:

Orsus v Croatia (2010)

Sejdic v Bosnia and Herzegovina (2011)

Nachova v Bulgaria (2006)

E.B v France (2008)

. Which of the following cases was not a case before the Court of Justice of the European Union:

Marshall v Southampton and South West Hampshire Area Health Authority (Teaching) (1986)

Johnston v Chief Constable of the Royal Ulster Constabulary (1986)

Coleman v Attridge Law (2008)

Eweida v British Airways plc (2010)

. Which of the following is not a protected characteristic in the Equality Act 2010 in the UK?:

Race

Sex

Language

Disability

Chapter 9 Self-test questions

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