ANDREJEVA v. LATVIA JUDGMENT
29
periods of employment prior to 1991 in the territory of the former USSR
(“outside Latvia” in the version in force before 1 January 2006), regardless of
the payment of any kind of contributions, but that it reserves this right to
Latvian citizens. By virtue of this provision, the applicant was refused the
pension in question solely because she did not have Latvian citizenship.
79. In the Stec and Others decision (cited above, § 55) the Court held as
follows:
“In cases, such as the present, concerning a complaint under Article 14 in
conjunction with Article 1 of Protocol No. 1 that the applicant has been denied all or
part of a particular benefit on a discriminatory ground covered by Article 14, the
relevant test is whether, but for the condition of entitlement about which the applicant
complains, he or she would have had a right, enforceable under domestic law, to
receive the benefit in question ... Although [Article 1 of] Protocol No. 1 does not
include the right to receive a social security payment of any kind, if a State does
decide to create a benefits scheme, it must do so in a manner which is compatible with
Article 14.”
80. It follows that the applicant’s pecuniary interests fall within the
scope of Article 1 of Protocol No. 1 and the right to the peaceful enjoyment
of possessions which it safeguards. This is sufficient to render Article 14 of
the Convention applicable.
2. Compliance with Article 14 of the Convention
81. According to the Court’s settled case-law, discrimination means
treating differently, without an objective and reasonable justification,
persons in similar situations. “No objective and reasonable justification”
means that the distinction in issue does not pursue a “legitimate aim” or that
there is not a “reasonable relationship of proportionality between the means
employed and the aim sought to be realised” (see D.H. and Others v. the
Czech Republic [GC], no. 57325/00, §§ 175 and 196, ECHR 2007-IV, and
the authorities cited therein).
82. The Contracting States enjoy a certain margin of appreciation in
assessing whether and to what extent differences in otherwise similar
situations justify a different treatment (see Gaygusuz, cited above, § 42, and
Thlimmenos, cited above, § 40). The scope of this margin will vary
according to the circumstances, the subject matter and its background. Thus,
for example, Article 14 does not prohibit a member State from treating
groups differently in order to correct “factual inequalities” between them;
indeed, in certain circumstances a failure to attempt to correct inequality
through different treatment may, without an objective and reasonable
justification, give rise to a breach of that Article (see Thlimmenos, cited
above, § 44, and Stec and Others v. the United Kingdom [GC],
nos. 65731/01 and 65900/01, § 51, ECHR 2006-VI).