18
ĐORĐEVIĆ v. CROATIA JUDGMENT
(1) a ruling that the defendant has violated the plaintiff’s right to equal treatment or
that an act or omission by the defendant may lead to the violation of the plaintiff’s
right to equal treatment (claim for an acknowledgment of discrimination);
(2) a ban on (the defendant’s) undertaking acts which violate or may violate the
plaintiff’s right to equal treatment or an order for measures aimed at removing
discrimination or its consequences to be taken (claim for a ban or for removal of
discrimination);
(3) compensation for pecuniary and non-pecuniary damage caused by the violation
of the rights protected by this Act (claim for damages);
(4) an order for a judgment finding a violation of the right to equal treatment to be
published in the media at the defendant’s expense.
...”
III. RELEVANT COUNCIL OF EUROPE DOCUMENTS
A. Committee of Ministers
75. The relevant parts of Recommendation Rec(2004)10 of
Committee of Ministers to member States concerning the protection of
human rights and dignity of persons with mental disorder (adopted by
Committee of Ministers on 22 September 2004 at the 896th meeting of
Ministers’ Deputies) read as follows.
the
the
the
the
“...
Having regard, in particular:
– to the Convention for the Protection of Human Rights and Fundamental Freedoms
of 4 November 1950 and to its application by the organs established under that
Convention;
...
Chapter II – General provisions
Article 3 – Non-discrimination
1. Any form of discrimination on grounds of mental disorder should be prohibited.
2. Member States should take appropriate measures to eliminate discrimination on
grounds of mental disorder.