In terms of evidence law, it can be argued that the degree of discretion allocated to the state party by the European Court of Human Rights also assigns the extent to which the allegations have to be proven by the state in order to be accepted, which can be translated as the applicable standard of proof. With the help of this procedural approach the paper aims to explore the standards of proof narrated and actually applied in the case law in religion cases, that is cases under Article 9 ECHR, Article 14 in combination with Article 9 ECHR and Article 2 of Protocol I when interpreted in the light of Article 9 ECHR.
|Number of pages
|Religion & Human Rights: An International Journal
|Published - 2013
- SAI 2010-01 RRL
- SAI 2010-01-I RRL sub 1