The European court of human rights and standards of proof in religion cases
Religion and Human Rights: an international journal , Volume 8 - Issue 2 p. 107- 137
Abstract In terms of evidence law, it can be argued that the degree of discretion allocated to the state party by the European Court of Human Rights also assigns the extent to which the allegations have to be proven by the state in order to be accepted, which can be translated as the applicable standard of proof. With the help of this procedural approach the article aims to explore the standards of proof narrated and actually applied in the case law in religion cases, that is cases under Article 9 ECHR, Article 14 in combination with Article 9 ECHR and Article 2 of Protocol I when interpreted in the light of Article 9 ECHR.
|burden of proof, margin of appreciation, right to freedom of religion, standard of proof|
|Religion and Human Rights: an international journal|
Ambrus, M. (2013). The European court of human rights and standards of proof in religion cases. Religion and Human Rights: an international journal, 8(2), 107–137. doi:10.1163/18710328-12341251