Thlimmenos v Greece

In brief

Grand Chamber. Established that Article 14 ECHR is violated not only when states treat similarly-situated persons differently without justification but also when states fail to treat differently-situated persons differently without objective and reasonable justification. Foundational ECHR authority for differentiated treatment as a form of accommodation.

Key provisions

• Article 14 ECHR (Thlimmenos principle) — Failure to differentiate is itself discrimination: Article 14 is violated when states fail to treat differently persons whose situations are significantly different, without objective and reasonable justification. Discrimination thus covers both like-situations-treated-differently and different-situations-treated-alike.

When relevant

Cases where the practice argues that a respondent's failure to provide differentiated treatment (e.g. a saving clause; an individual examination; a reasonable adjustment) is itself discrimination under Convention principles. Connects Article 14 to positive-action / reasonable-adjustment / individual-examination requirements.