RT Article
T1 Religious Freedom and the European Court of Human Rights’ Two Margins of Appreciation
JF Religion and human rights
VO 12
IS 2/3
SP 198
OP 209
A1 Berry, Stephanie E.
LA English
PB Brill, Nijhoff
YR 2017
UL https://www.ixtheo.de/Record/1565006658
AB 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.
K1 margin of appreciation (MoA) : European Court of Human Rights (ECtHR) : freedom of religion or belief : European Convention on Human Rights (echr)
DO 10.1163/18710328-12231145