32
ANDREJEVA v. LATVIA JUDGMENT
89. In those circumstances, while being mindful of the broad margin of
appreciation enjoyed by the State in the field of social security, the
arguments submitted by the Government are not sufficient to satisfy the
Court that there was a “reasonable relationship of proportionality” in the
instant case that rendered the impugned difference of treatment compatible
with the requirements of Article 14 of the Convention.
90. The Government took the view that the reckoning of periods of
employment was essentially a matter to be addressed through bilateral interState agreements on social security. The Court, for its part, is fully aware of
the importance of such agreements in the effective solution of problems
such as those arising in the instant case. However, it reiterates that by
ratifying the Convention, the respondent State undertook to secure “to
everyone within [its] jurisdiction” the rights and freedoms guaranteed
therein. Accordingly, in the present case the Latvian State cannot be
absolved of its responsibility under Article 14 of the Convention on the
ground that it is not or was not bound by inter-State agreements on social
security with Ukraine and Russia (see Gaygusuz, cited above, § 51, and
Koua Poirrez, cited above, § 46).
91. Lastly, the Court cannot accept the Government’s argument that it
would be sufficient for the applicant to become a naturalised Latvian citizen
in order to receive the full amount of the pension claimed. The prohibition
of discrimination enshrined in Article 14 of the Convention is meaningful
only if, in each particular case, the applicant’s personal situation in relation
to the criteria listed in that provision is taken into account exactly as it
stands. To proceed otherwise in dismissing the victim’s claims on the
ground that he or she could have avoided the discrimination by altering one
of the factors in question – for example, by acquiring a nationality – would
render Article 14 devoid of substance.
92. Having regard to the foregoing, the Court finds that in the present
case there has been a violation of Article 14 of the Convention taken in
conjunction with Article 1 of Protocol No. 1.
III. ALLEGED VIOLATION
CONVENTION
OF
ARTICLE
6
§
1
OF
THE
93. The applicant also alleged a violation of her rights under Article 6
§ 1 of the Convention in that the Senate of the Supreme Court had held its
hearing before the appointed time, thus preventing her from taking part in
the examination of the appeal on points of law lodged by the public
prosecutor on her behalf. The relevant parts of Article 6 § 1 provide:
“In the determination of his civil rights and obligations ... everyone is entitled to a
fair ... hearing ... by [a] ... tribunal ...”