32
JAMES AND OTHERS v. THE UNITED KINGDOM JUGDMENT
"The enjoyment of the rights and freedoms set forth in [the] Convention shall be
secured without discrimination on any ground such as sex, race, colour, language,
religion, political or other opinion, national or social origin, association with a national
minority, property, birth or other status."
In the applicants’ submission, the leasehold reform legislation is
discriminatory on the ground of "property" ("fortune" in the French text), in
that, firstly, it is a measure redistributing property which applies only to a
restricted class of property, that is long leasehold houses occupied by the
leaseholders; and, secondly, the lower the value of his property the more
harshly the landlord is treated.
A. Applicability
74. The Government argued that the contested legislation does not draw
any distinction on the ground of "property", within the meaning of Article
14 (art. 14), since it is neither based nor applied on criteria of wealth.
The list of prohibited grounds of discrimination as set out in Article 14
(art. 14) is not exhaustive (see, as the most recent authority, the Rasmussen
judgment of 28 November 1984, Series A no. 87, p. 13, para. 34 in fine). On
the facts, the legislation does entail differences of treatment in regard to
different categories of property owners in the enjoyment of the right
safeguarded by Article 1 of Protocol No. 1 (P1-1). In the Court’s opinion,
the grounds on which those differences of treatment are based are relevant
in the context of Article 14 (art. 14) of the Convention and, accordingly,
Article 14 (art. 14) is applicable to the present case.
B. Compliance
75. For the purposes of Article 14 (art. 14), a difference of treatment is
discriminatory if it has no objective and reasonable justification, that is, if it
does not pursue a legitimate aim or if there is not a reasonable relationship
of proportionality between the means employed and the aim sought to be
realised (see, as the most recent authority, the above-mentioned Abdulaziz,
Cabales and Balkandali judgment, Series A no. 94, pp. 35-36, para. 72). As
in relation to the means for giving effect to the right of property, the
Contracting States enjoy a certain margin of appreciation in assessing
whether and to what extent differences in otherwise similar situations permit
a different treatment in law (ibid.).
76. As to the applicants’ first head of complaint, it was inevitable that the
contested legislation, being designed to remedy a perceived imbalance in
the relations between landlords and occupying tenants under the long
leasehold system of tenure, should affect landlords coming within that
restricted category rather than all or other property owners. The aim pursued
by the legislation has been held by the Court to be a legitimate one in the