Margin of appreciation

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Margin of appreciation is a concept the European Court of Human Rights has developed when considering whether a signatory of the European Convention on Human Rights has breached the declaration. The Margin of appreciation doctrine allows the court to take into effect the fact that the Convention will be interpreted differently in different signatory states. Judges are obliged to take into account the cultural, historic and philosophical differences between Strasbourg and the nation in question.^[1]

The Doctrine was used in the case Handyside v United Kingdom which concerned the publication of a book aimed at school children, a chapter of which discussed sexual behaviour in explicit terms. The ECHR were willing to allow a limitation of freedom of expression in the interests of the protection of public morals. ^[2]

[edit] References

1. ^ BBC News | UK | Human Rights Act: How it works
2. ^ HANDYSIDE v. THE UNITED KINGDOM - 5493/72 [1976] ECHR 5 (7 December 1976)