Margins of appreciation:cultural relativity and the European Court of Human Rights

Sweeney, James (2005) Margins of appreciation:cultural relativity and the European Court of Human Rights. International and Comparative Law Quarterly, 54 (2). pp. 459-474. ISSN 0020-5893

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Abstract

The number of states participating in the Council of Europe's system for the protection of human rights has grown rapidly over recent years. Established in 1949 with an initial membership of 10 states, the Council has now grown to a membership of 46,2 dwarfing the EU in its geographical reach. The most significant period of enlargement has been since the end of the Cold War as the formerly Communist states from central and eastern Europe flocked to the Council of Europe seeking assistance with the process of democratisation. The Council's most prominent human rights treaty, the European Convention on Human Rights, has entered into force for all but one of the 46 member states.3 This paper questions whether the European Court of Human Rights' recognition of a national ‘margin of appreciation’ has allowed these new Contracting Parties too much leeway in the way they choose to protect, or more specifically, to limit, the exercise of human rights.

Item Type:
Journal Article
Journal or Publication Title:
International and Comparative Law Quarterly
Additional Information:
http://journals.cambridge.org/action/displayJournal?jid=ILQ The final, definitive version of this article has been published in the Journal, International & Comparative Law Quarterly, 54 (2), pp 459-474 2005, © 2005 Cambridge University Press.
Uncontrolled Keywords:
/dk/atira/pure/subjectarea/asjc/3300/3308
Subjects:
ID Code:
68376
Deposited By:
Deposited On:
24 Jan 2014 08:55
Refereed?:
Yes
Published?:
Published
Last Modified:
08 Aug 2020 03:45