Religious Freedom and the European Court of Human Rights’ Two Margins of Appreciation
The European Court of Human Rights’ (ECtHR) use of the margin of appreciation (MoA) in cases concerning religious clothing is well-documented. This article paints a more complete picture of the use of the doctrine in cases falling within Article 9 and Article 2, Protocol 1 of the European Convention...
| Main Author: | |
|---|---|
| Format: | Electronic Article |
| Language: | English |
| Check availability: | HBZ Gateway |
| Journals Online & Print: | Drawer...
|
| Fernleihe: | Fernleihe für die Fachinformationsdienste |
| Published: |
Brill, Nijhoff
2017
|
| In: |
Religion and human rights
Year: 2017, Volume: 12, Issue: 2/3, Pages: 198-209 |
| Further subjects: | B
margin of appreciation (MoA)
European Court of Human Rights (ECtHR)
freedom of religion or belief
European Convention on Human Rights (echr)
|
| Online Access: |
Presumably Free Access Volltext (Verlag) |
| Summary: | The European Court of Human Rights’ (ECtHR) use of the margin of appreciation (MoA) in cases concerning religious clothing is well-documented. This article paints a more complete picture of the use of the doctrine in cases falling within Article 9 and Article 2, Protocol 1 of the European Convention on Human Rights (echr). The ECtHR’s use of the normative MoA often appears to be superfluous as it does not seem to extend past the Article 9(2) echr, limitations clause. In contrast, the systemic MoA allows almost complete deference to the State, which has the potential to undermine the religious freedom of minorities. |
|---|---|
| ISSN: | 1871-0328 |
| Contains: | In: Religion and human rights
|
| Persistent identifiers: | DOI: 10.1163/18710328-12231145 |