Vladimiro Zagrebelsky

Peace and national margin of appreciation in religious or ethical matters

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Abstract

Freedom of religion has a special impact on peace. The respect of fundamental rights obliges the majority to accept limits and to acknowledge the minorities' rights. A counter-majority principle must be taken into consideration when minorities' rights are at stake. The national margin of appreciation the European Court of Human Rights allows the governments is wide and so is the risk of the imposition of the majority point of view. The European Court should be aware of the danger.

Keywords

  • Freedom of religion - counter-majority principle - margin of appreciation

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