نوع مقاله : علمی- پژوهشی
عنوان مقاله English
نویسندگان English
When is it permissible for a government to violate the religious freedom of its citizens? Under what circumstances is such a violation possible for a democratic government? The answers to these questions form the very essence and foundation of the doctrine of the margin of appreciation for states. Although this standard was created by the European Court of Human Rights, the Court has never provided a general and comprehensive theory regarding it, nor has it explicitly and clearly defined and elaborated its concept. Perhaps for this very reason, the legitimacy of this doctrine has been controversial since its inception. In recent years, this doctrine has increasingly served as an excuse for imposing undue restrictions on human rights in some European countries, and an excessive emphasis on this doctrine has created obstacles to realizing an optimal system for the protection of human rights in Europe. Therefore, Using a descriptive-analytical method and library tools, this article attempts to examine the numerous criticisms leveled against the doctrine of the margin of appreciation for states, and to critically evaluate the European Court of Human Rights' judgment in the case of S.A.S. v. France and its detrimental consequences for the European system of human rights protection.
کلیدواژهها English
