000			02282cam a2200265 4500
001			ABS66275
008			021218n2002 000 0 eng u
035			_a(Sirsi) u120837
245			_aGodin-Mendoza v Ghaidan
260			_c2002
490			_aEstates Gazette Case Summaries _v[2002] 46 EG 197 (CS)
490			_aWeekly Law Reports _v[2003] 2 WLR 478-494(17)
520			_aCA 5 November 2002. Considered whether discrimination on the ground of sexual orientation was excluded from protection of the European Convention on Human Rights Article 14. Appellant had been in a long term homosexual relationship with the tenant. Upon the tenant's death, the appellant was awarded an assured tenancy under the Rent Act 1977 Sched 1 para 2 and 3. "Fitzpatrick v Sterling Housing Association Ltd" HL 2001 was applied which held that the term 'spouse' for the purposes of awarding a statutory tenancy under Sched Para 2 although applicable to non-married partners would not apply to a partnership in a same-sex relationship. The test set out in "Michaelek v Wandsworth LBC" was considered. Firstly did the facts fall within the ambit of one or more of the substantive Convention provisions, secondly if so, were there differential treatment with respect to that right between the complainant and other persons(comparators) put forward for comparision, thirdly were the chosen comparators in an analogous situation to that for the complainant and lastly , if so, did the differential treatment have an objective and reasonable justification. Points 1 to 3 were satisfied. Held that sexual orientation was no longer a permissable ground for discrimination and that the Rent Act 1977 Sched 1 para 2 as construed by "Fitzpatrick v Sterling Housing Association Ltd" 1999 violated Article 14. Appeal allowed.
590			_aABS
650			_aMENDOZA V GHAIDAN
650			_aGODIN-MENDOZA V GHAIDAN
650			_aHOMOSEXUAL RELATIONSHIP
650			_aRENT ACT 1977 SCHED 1 PARA 2
650			_aDISCRIMINATION
650			_aCONVENTION FOR THE PROTECTION OF HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS ART 14
650			_aFITZPATRICK V STERLING HOUSING ASSOCIATION LTD
650			_aMICHALAK V WANDSWORTH LBC
690			_aLANDLORD AND TENANT-RESIDENTIAL TENANCIES-CASE LAW
942			_n0
999			_c71817 _d71817