Berry20Margin20Appreciation%20.pdf (400.74 kB)
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 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 RightsISSN
1871-031XPublisher
Brill Academic PublishersExternal DOI
Issue
2-3Volume
12Page range
198-209Department 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
2017-05-18First Open Access (FOA) Date
2019-08-01First Compliant Deposit (FCD) Date
2017-05-18Usage metrics
Categories
No categories selectedKeywords
Licence
Exports
RefWorks
BibTeX
Ref. manager
Endnote
DataCite
NLM
DC