[ ] FOGARTY v. the UNITED KINGDOM Right to fair trial – no violation Article 6, Section 1 Prohibition of discrimination – no violation Article 14 While there appeared to be a trend in international and comparative law towards limiting State immu- nity in respect of employment-related disputes, where the proceedings related to employment in a foreign mission or embassy, international practice was divided on the question whether State immunity continued to apply and, if it did, whether it covered disputes relating to the contracts of all staff or only more senior members of the mission. Moreover, the Court was not aware of any trend in international law towards a relaxation of the rule of State immunity regarding issues of recruitment to foreign missions. In a judgment delivered on November in the case of Fogarty v. the United Kingdom , the European Court of Human Rights held: – by votes to one, that there had been no violation of Article , Section (right to a fair trial) of the European Convention on Human Rights, and – unanimously, that there had been no violation of Article (prohibition of discrimination)
Human Rights Case Digest – Brill
Published: Jan 1, 2001
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