44
ĐORĐEVIĆ v. CROATIA JUDGMENT
authorities have failed to afford adequate protection in that respect to the
second applicant. Therefore, there has also been a violation of Article 8 of
the Convention in respect of the second applicant.
II. ALLEGED VIOLATION OF ARTICLE 14 OF THE CONVENTION
154. The applicants further complained that the acts of abuse against
them and the response of the competent authorities were also
discriminatory, on the basis of their Serbian ethnic origin and the first
applicant’s disability. They relied on Article 14 of the Convention, which
provides:
“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.”
Admissibility
1. The parties’ submissions
155. The Government argued that the applicants could have brought a
claim pursuant to the Prevention of Discrimination Act, by which they
would have been able to seek an acknowledgment of any possible
discrimination as set out in that Act, an order for the removal of the
discrimination and its consequences, as well as compensation.
156. The applicants contended in reply that proceedings under the
Prevention of Discrimination Act did not constitute an effective remedy
because they could not address the particular situation complained of.
Furthermore, they claimed that two years after that Act had been passed,
there was no relevant case-law showing either that citizens had felt
confident about instituting proceedings pursuant to the Act, or that the
proceedings that had been instituted had progressed with adequate speed.
2. The Court’s assessment
157. As regards Article 14 of the Convention, the Court reiterates that it
has no independent existence, but plays an important role by
complementing the other provisions of the Convention and its Protocols,
since it protects individuals placed in similar situations from any
discrimination in the enjoyment of the rights set forth in those other
provisions (see Dudgeon v. the United Kingdom, 22 October 1981, § 67,
Series A no. 45; Chassagnou and Others v. France [GC], nos. 25088/94,
28331/95 and 28443/95, § 89, ECHR 1999-III; and Timishev v. Russia,
nos. 55762/00 and 55974/00, § 53, ECHR 2005-XII). Although the