§ Lord Lester of Herne Hillasked Her Majesty's Government:
Further to the Written Answer given by Baroness Chalker of Wallasey on 16th January 1997 (WA 33), whether they consider that the European Convention for the Protection of Human Rights and Fundamental Freedoms protects the citizens of the European Union against discrimination in employment and the provision of services on the grounds of race, sex, national or ethnic origin, disability, age, sexual orientation, religion or social origin, whether by the institutions of the European Union or by member states; and, if so, how this protection is provided.
§ Baroness Chalker of WallaseyArticle 14 of the European Convention on Human Rights requires States Parties to secure the enjoyment of the rights and freedoms set forth in the convention without discrimination on certain grounds, including some of those referred to by the noble Lord. To the extent that employment and the provision of services are rights guaranteed by the convention, discrimination in the enjoyment of those rights on the grounds set out in Article 14 is prohibited.
Effect is given to the provisions of the convention in member states by their domestic law. Individuals who complain of a breach of their rights by a member state may petition the European Commission of Human Rights. The Union is bound by Article F(2) of the Treaty on European Union to respect fundamental rights, as guaranteed by the convention. Accordingly, the institutions of the Union in their legislative and other acts must respect these rights. Further, it has been the consistent practice of the European Court of Justice for many years to apply the convention when issues of Community law raising human rights issues are brought before it.