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The European Human Rights Model - Coursework Example

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This coursework "The European Human Rights Model" discusses the margin of appreciation and the way the doctrine has been used among European counties. It outlines the main characteristics of the doctrine of margin of appreciation taking into account the two versions of the doctrines…
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The European Human Rights Model
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Download file to see previous pages This is in addition to taking into account the social settings which are ever-changing and the will of the states.
In determining and analyzing whether a member state of the Council of Europe has violated rights that are protected by the conventions, constant balancing between the human rights in the region and the state democracy is normally done. The doctrine of the margin of appreciation has been widely used in determining the human right violation cases and issues. This has been especially in areas like religious liberty and morality concerns2. In doing so it has also been hoped that when legal decisions that are related to human rights protection and the Convention are being made, the prevailing conditions in the specific countries are taken into consideration. This was meant to ensure that the decisions are made with the interest of the party in question in mind so as to ensure that their rights are not violated in any way3.
This paper will discuss the margin of appreciation and the way the doctrine has been used among European counties. It will also outline the main characteristics of the doctrine of margin of appreciation taking into account the two versions of the doctrines and how they have had an impact on human rights protection. This will be done in order to determine whether the doctrine is a legitimate tool that allows for flexibility within the European human right model or if it is just a tool that is being used by member states to protect the autonomy of the states and countries.
Since Handyside v. United Kingdom4, the margin of appreciation has heavily been adopted and used in the ECtHR. The purpose of this doctrine has been to grant deference to state judgments in order to protect the rights which are set out in the Convention. Various reasons for justification of the deference have been given by the court. Originally the margin of appreciation was developed in response to the concerns by the member states. ...Download file to see next pagesRead More
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