The Doctrine of Margin of Appreciation as a Trojan Horse within the European System of Human Rights Protection: A Case Study of the European Court of Human Rights' Judgment in S.A.S. v. France

Dehnavi, Mohammad; Mohamadzadeh, Savalan; Pouraziz, Morteza

doi:10.48300/jlr.2025.547325.3036

The Doctrine of Margin of Appreciation as a Trojan Horse within the European System of Human Rights Protection: A Case Study of the European Court of Human Rights' Judgment in S.A.S. v. France

Articles in Press

Document Type : Original Article

Authors

Mohammad Dehnavi ¹

Savalan Mohamadzadeh ²

Morteza Pouraziz ³

¹ PhD student in Public International Law, University of Tehran, Tehran, Iran.

² PhD in Public International Law, Faculty of Law and Political Science, Allameh Tabatabae'i University, Tehran, Iran.

³ M.A. in in International Law, Faculty of Law, University of Judicial Sciences and Administrative Services, Tehran, Iran.

10.48300/jlr.2025.547325.3036

Abstract

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.

Keywords

Doctrine of Margin of Appreciation

Ban on the Full Veil (Burqa)

Living Together

European Court of Human Rights

European Convention on Human Rights and Fundamental Freedoms