A critical appraisal of the margin of appreciation left to states pertaining to “church-state relations” under the jurisprudence of the european court of human rights
When talking about religious diversity, and state obligations concerning religious diversity, what comes immediately to mind is freedom of religion and the related state obligations. In Europe the most central reference point concerning fundamental rights is undoubtedly the European Convention on Human Rights (ECHR) and the related jurisprudence of the European Court of Human Rights (hereafter ECtHR or the (European) Court). The Court is one of the most prominent international courts dedicated to the protection of human rights. Its reputation is even such that it is also referred to by national courts outside the remit of the Council of Europe, the South African Constitutional Court being a prominent example. Notwithstanding this status, one regularly finds critical assessments of particular judgments of the Court and also articles that express more fundamental concerns about some of its jurisprudential lines, one of which pertains to the margin of appreciation that is granted to states.
Henrard, K.A.M. (2016). A critical appraisal of the margin of appreciation left to states pertaining to “church-state relations” under the jurisprudence of the european court of human rights. In A Test of Faith?: Religious Diversity and Accommodation in the European Workplace (pp. 59–86). Retrieved from http://hdl.handle.net/1765/127269