Margin of Appreciation in Religious Freedom in Light of the Jurisprudence of European Court of Human Rights

Message:
Article Type:
Research/Original Article (دارای رتبه معتبر)
Abstract:

Religious freedom is one of the most fundamental human rights which has been embodied and recognized in essential universal and regional human rights instruments, including universal declaration on human rights, international convent on civil and political rights, European convention on human rights, American convention on human rights, African charter on human and people rights and Islamic declaration on human rights. Most of these instruments provide that Freedom of religion may be subject to conditions and restrictions such as national security, public safety and protection of health or morals. European Court of Human Rights, as a judicial body of European convention, in its jurisprudence determinate the scope of margin of appreciation. In this article, margin of appreciation and States maneuver in interpretation and implementation of religious freedom were analyzed in light of the jurisprudence of European Court of Human Rights

Language:
Persian
Published:
Journal of Public Law Research, Volume:19 Issue: 55, 2017
Pages:
61 to 82
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