The European Court of Human Rights and Standards of Proof in Religion Cases

مرکز و کتابخانه مطالعات اسلامی به زبان های اروپایی

منو

" The European Court of Human Rights and Standards of Proof in Religion Cases "
Mónika Ambrus

Document Type	:	AL
Record Number	:	1082454
Doc. No	:	LA126083
Call No	:	‭10.1163/18710328-12341251‬
Language of Document	:	English
Main Entry	:	Mónika Ambrus
Title & Author	:	The European Court of Human Rights and Standards of Proof in Religion Cases [Article]\ Mónika Ambrus
Publication Statement	:	Leiden: Brill
Title of Periodical	:	Religion Human Rights
Date	:	2013
Volume/ Issue Number	:	8/2
Page No	:	107–137
Abstract	:	In terms of evidence law, it can be argued that the degree of discretion allocated to the state party by the European Court of Human Rights also assigns the extent to which the allegations have to be proven by the state in order to be accepted, which can be translated as the applicable standard of proof. With the help of this procedural approach the article aims to explore the standards of proof narrated and actually applied in the case law in religion cases, that is cases under Article 9 ECHR, Article 14 in combination with Article 9 ECHR and Article 2 of Protocol I when interpreted in the light of Article 9 ECHR. In terms of evidence law, it can be argued that the degree of discretion allocated to the state party by the European Court of Human Rights also assigns the extent to which the allegations have to be proven by the state in order to be accepted, which can be translated as the applicable standard of proof. With the help of this procedural approach the article aims to explore the standards of proof narrated and actually applied in the case law in religion cases, that is cases under Article 9 ECHR, Article 14 in combination with Article 9 ECHR and Article 2 of Protocol I when interpreted in the light of Article 9 ECHR.
Descriptor	:	burden of proof
Descriptor	:	margin of appreciation
Descriptor	:	right to freedom of religion
Descriptor	:	standard of proof
Location & Call number	:	‭10.1163/18710328-12341251‬