A critical appraisal of the margin of appreciation left to states pertaining to 'church-state relations' under the jurisprudence of the ECtHR

Kristin Henrard

    Research output: Chapter/Conference proceedingChapterAcademic

    Abstract

    This article starts with an identification and appraisal of two key problems with the margin of appreciation doctrine of the European Court of Human Rights in general: in terms of having an international supervisory system, and in relation to the doctrine of legitimate limitations to human rights. Subsequentlly, the particular problems with the margin of appreciation doctrine has applied to church-state relations is focused upon. Thirdly, further zooming in, the special position of secularism and the protection of secularism as a legitimate aim of restrictions to the freedom to manifest one's religion is highlighted. The fourth part of the article proceeds with a critical analysis of the jurisprudence of the Court pertaining to religious diversity in the workplace. Finally, an appraisal is made of potential future developments or hope for the future in this respect.
    Original languageEnglish
    Title of host publicationTest of Faith? Religious Diversity and Accommodation in the European Workplace
    EditorsM.C. Foblets, K. Alidadi, J. Vrielink
    Place of PublicationAldershot, UK
    PublisherAshgate Publishing
    Pages59-86
    Number of pages382
    ISBN (Print)9781409445029
    Publication statusPublished - 2012

    Publication series

    SeriesCultural Diversity and Law in Association with RELIGARE

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