National Union of Belgian Police Case

Abstract

Treaties — Interpretation — Principles and rules of interpretation — Whether special approach required for organic treaty — European Convention on Human Rights

Treaties — Special kinds of treaties — Treaties establishing special regimes — Whether special rules of interpretation applicable — European Convention on Human Rights

The individual in international law — Human rights and freedoms — European Convention on Human Rights — Article 11 (individual's right to form and to join trade unions for the protection of his interests) — Government's refusal to afford applicant union right to be consulted while granting it to other unions including other police bodies — Whether right to be consulted within the protection afforded by Article 11 — Significance of phrase “protection of his interests” — State afforded a free choice of means by which to comply with its duty under the Article to enable unions to strive for the protection of their members' Interests — Mere lack of consultation not a breach of the Article

Consideration of Article 14 (prohibiting discrimination in regard to rights set forth) in conjunction with Article 11 — Article 14 having no independent but rather a complementary existence under the Convention — Article 14 as an integral part of each substantive Article — Application of this concept where a protected right is not defined precisely leaving State wide means for implementation — Consultation as a modality of the right protected in Article 11 — Applicant caused to be at a disadvantage — Whether the distinction made by the Government was discriminatory in context of Article 14 — Elements of unlawful discrimination under the Convention — Role of Court as against that of the national authorities — Belgian Government pursuing a legitimate aim under the Convention — Principle of proportionality