2012-12-01
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
Publication
Publication
Introduction
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.1Notwithstanding 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
Additional Metadata | |
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hdl.handle.net/1765/89467 | |
Organisation | Erasmus University Rotterdam |
Henrard, K. (2012). 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. Retrieved from http://hdl.handle.net/1765/89467 |