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Selygenenko and Others v. Ukraine, Nos. 24919/16 and 28658/16, ECtHR (Fifth Section), 21 October 2021

Date
21/10/2021
Type Judgment
Case number 24919/16 and 28658/16

Abstract

Discriminatory refusal to allow internally displaced persons to vote in local elections at their place of actual residence.

Normative references

Art. 3, Prot. 1 ECHR
Art. 1. Prot. 12 ECHR
Art.14 ECHR

Ruling

1. The meaning of the term 'discrimination' used in Article 14 is also used in Article 1 of Prot. No. 12 - despite the difference in scope between these provisions - is to be understood as identical.

2. A State's responsibility also exists where the discrimination complained of results from a failure by the State to ensure to the applicant, in accordance with its domestic law, the rights laid down in the Convention.
(The applicants, defined as "internally displaced persons" because they came from the territories of Crimea and Donetsk region, had moved to Kiev. With a view to the local elections they had applied to the Electoral Commission to be registered on the electoral roll in the capital, but the Commission rejected their applications on the ground that their residence on their identity documents was not in Kiev).