Skip to main content
×
Home
    • Aa
    • Aa

MARGINS OF APPRECIATION: CULTURAL RELATIVITY AND THE EUROPEAN COURT OF HUMAN RIGHTS IN THE POST-COLD WAR ERA

Abstract

The number of states participating in the Council of Europe's system for the protection of human rights has grown rapidly over recent years. Established in 1949 with an initial membership of 10 states, the Council has now grown to a membership of 46,2 dwarfing the EU in its geographical reach. The most significant period of enlargement has been since the end of the Cold War as the formerly Communist states from central and eastern Europe flocked to the Council of Europe seeking assistance with the process of democratisation. The Council's most prominent human rights treaty, the European Convention on Human Rights, has entered into force for all but one of the 46 member states.3 This paper questions whether the European Court of Human Rights' recognition of a national ‘margin of appreciation’ has allowed these new Contracting Parties too much leeway in the way they choose to protect, or more specifically, to limit, the exercise of human rights.

Copyright
References
Hide All
J Tilley Cultural Relativism’ (2000) 22 Human Rights Quarterly 501 contains a more intensive critique of cultural relativism.

Recommend this journal

Email your librarian or administrator to recommend adding this journal to your organisation's collection.

International & Comparative Law Quarterly
  • ISSN: 0020-5893
  • EISSN: 1471-6895
  • URL: /core/journals/international-and-comparative-law-quarterly
Please enter your name
Please enter a valid email address
Who would you like to send this to? *
×

Metrics

Altmetric attention score

Full text views

Total number of HTML views: 0
Total number of PDF views: 144 *
Loading metrics...

Abstract views

Total abstract views: 498 *
Loading metrics...

* Views captured on Cambridge Core between September 2016 - 17th October 2017. This data will be updated every 24 hours.