Topic > Margin of appreciation in the ECHR - 2445

It is important to underline that the crux of this issue lies primarily in a critical analysis of Harris' statement on the margin of appreciation of application under Article 2. and the art. 8 of the European Convention on Human Rights (hereinafter “ECHR”). Examining Harris' statement, it simply denotes that the application of the convention can often be varied due to the absence of consensus, possibly due to cultural relativism or pluralism. It has been argued that human rights are universal, but it is inevitable that each country adopts different practices and perceptions. Although there have been numerous movements to promote European unity, but it seems to have failed. Robertson indicates that the result of the unity principle is less than desired. Thus, as Murat notes, the court will invariably grant the state some leeway in deciding cases, i.e. the “margin of appreciation”. This maxim originates from the French term "marge d'appreciation", understood as a doctrine that gives way to the discretion of a state in its government. In most cases, the margin of appreciation doctrine applies when it comes to a question of "morality." '. It seems to be a truism that Harris' statement reflects the court's maneuvering. In particular, Jeffrey argues that state laws are more diverse; a wider margin would be allowed. As argued by Yutaka, member states will be given a certain level of discretion in considering any relevant circumstances. Consequently, it can be tentatively concluded that the doctrine could be one of the most effective shields of member states. The scarcity of European consensus therefore translates into some controversial issues left vaguely decided, for example the right to abortion which is... .... half of the document ......2003) 37 EHRR 611 (Judgment of the Great Camera) Ibid at n45Serie A 28, pp48-50Serie A 250, p90, 27 November 1992Prof. Jeffrey A. Brauch, The Margin of Appreciation and the Jurisprudence of the European Court of Human Rights: Threat to the Rule of Law, Vol.11, Columbia Journal of European Law (2004-2005)Ibid n44Report 1997-I-323Ibid n50Mahoney, Wonderful richness of diversity or hateful cultural relativism? 12 Human Rights Law Journal 1, 5 (1998) IbidIbid at n50Danny Shaw, “UK should cut links with ECHR” BBC News, 7 February 2011, accessed 29 March 2011 < http://www.bbc.co. uk/news/uk -12338931#story_continues_1>Tom Newton Dunn, 'Go to the war on the Eurom Law' The Sun, 7 February 2011 accessed 29 March 2011 http://www.thesun.co.uk/sol/homepage/ news/3395471/David-Cameron-urged-to-go-to-war-against-euro-law.htmlIbid