عنوان
پدید آورنده
موضوع
رده
کتابخانه
محل استقرار
NATIONAL BIBLIOGRAPHY NUMBER
Number
LA125923
LANGUAGE OF THE ITEM
.Language of Text, Soundtrack etc
انگلیسی
TITLE AND STATEMENT OF RESPONSIBILITY
Title Proper
Religious Freedom and the European Court of Human Rights' Two Margins of Appreciation
General Material Designation
[Article]
First Statement of Responsibility
Stephanie E. Berry
.PUBLICATION, DISTRIBUTION, ETC
Place of Publication, Distribution, etc.
Leiden
Name of Publisher, Distributor, etc.
Brill
SUMMARY OR ABSTRACT
Text of Note
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. 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.
SET
Date of Publication
2017
Physical description
198-209
Title
Religion & Human Rights
Volume Number
12/2-3
International Standard Serial Number
1871-0328
UNCONTROLLED SUBJECT TERMS
Subject Term
European Convention on Human Rights (ECHR)
Subject Term
European Court of Human Rights (ECtHR)
Subject Term
freedom of religion or belief
Subject Term
Human Rights and Humanitarian Law
Subject Term
margin of appreciation (MoA)
Subject Term
Religion & Society
Subject Term
Social Sciences
PERSONAL NAME - PRIMARY RESPONSIBILITY
Stephanie E. Berry
LOCATION AND CALL NUMBER
Call Number
10.1163/18710328-12231145
ELECTRONIC LOCATION AND ACCESS
Electronic name
مطالعه متن کتاب p
[Article]
275578
a
Y
