Abstract

Article 14, ECHR regarding the prohibition of discrimination is not usually examined in depth by civil law scholars. Thus, the paper focuses on this provision from a private law perspective. In the first part, the author analyses the discrimination test according to the ECtHR’s case law and compares it with the equality test by the Italian Constitutional Court. Then, he highlights the differences between Article 14, ECHR and Article 21, EUCFR. In the last part, the utmost consideration is given to the horizontal effect, with some notes on the possible application of Article 14 to contractual discrimination by algorithms.