ABSTRACT

Discrimination is prohibited but it must be in conjunction with one or more of the substantive Arts 2-12

The Court reiterated in August 2006 that the policy adopted by the UK legislature in deferring equalisation of the pension age for men and women until 2020 fell within the state’s wide margin of appreciation so there was no Art 14 discrimination.

Carson moved to South Africa and received her UK state pension there but as there was no reciprocal treaty between the two states her pension would not attract annual cost of living increases. She claimed there was discrimination as she had paid the same contributions as UK residents.