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Religious freedom and the European Court of Human Rights’ two margins of appreciation

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journal contribution
posted on 2023-06-21, 06:02 authored by Stephanie BerryStephanie Berry
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 is does not appear 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.

History

Publication status

  • Published

File Version

  • Accepted version

Journal

Religion and Human Rights

ISSN

1871-031X

Publisher

Brill Academic Publishers

Issue

2-3

Volume

12

Page range

198-209

Department affiliated with

  • Law Publications

Research groups affiliated with

  • Sussex Centre for Human Rights Research Publications

Full text available

  • Yes

Peer reviewed?

  • Yes

Legacy Posted Date

2017-05-18

First Open Access (FOA) Date

2019-08-01

First Compliant Deposit (FCD) Date

2017-05-18

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