The Effects of Margin of Appreciation Doctrine on the European Court of Human Rights: Upholding Public Morality over Fundamental Rights

Authors : Itır Aladağ Görentaş

Pages : 0-0

Doi:10.17550/aid.43200

View : 11 | Download : 7

Publication Date : 2016-12-03

Article Type : Research Paper

Abstract :The European Court of Human Rights’ (the Court, ECtHR) granting opportunity to Contracting States to strike a balance between the public good and the interests of the individuals is designated as “margin of appreciation doctrine”. Unfortunately, the Court is facing harsh crtitism applying the doctrine to especially cases concerning the violation of Article 9- freedom of thought, conscience and religion and Article 10- freedom of expression, since it seems to lack standards in application. In this study, the European Court of Human Rights’ controversial application of margin of appreciation doctrine to freedom of religion and freedom of expression will be addressed. The discussion will seek to analyse the reasons behind the Court’s significant discretion affording to Contracting States when Article 9 and Article 10 cases are in question.
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