Human RightsArticle 9Margin of appreciation
ESSAY QUESTION
The European Court of Human Rights often grants national governments wide discretion — the margin of appreciation — to decide how secularism or public order operates locally, leading to inconsistent rulings on religious symbols.
Critically discuss.
SOURCE PANE — SUPPLIED AUTHORITY ONLY
My first question
If Article 9 protects the same freedom across Europe, why can a headscarf, cross or face veil receive such different treatment depending on the state and setting?
My first thought
The margin looks like a way for the Court to defer to national governments even when that creates inconsistent protection.
religious symbolssecularismpublic orderconsistency