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41. The Effects of Margin of Appreciation Doctrine on the European Court of Human Rights: Upholding Public Morality over Fundamental Rights

Author:
Itır Aladağ Görentaş
Publication Date:
10-2016
Content Type:
Journal Article
Journal:
Journal of Academic Inquiries
Institution:
Sakarya University (SAU)
Abstract:
The European Court of Human Rights’ (the Court, ECtHR) granting opportunity to Contracting States to strike a balance between the public good and the interests of the individuals is designated as “margin of appreciation doctrine”. Unfortunately, the Court is facing harsh crtitism applying the doctrine to especially cases concerning the violation of Article 9- freedom of thought, conscience and religion and Article 10- freedom of expression, since it seems to lack standards in application. In this study, the European Court of Human Rights’ controversial application of margin of appreciation doctrine to freedom of religion and freedom of expression will be addressed. The discussion will seek to analyse the reasons behind the Court’s significant discretion affording to Contracting States when Article 9 and Article 10 cases are in question.
Topic:
Human Rights, Freedom of Expression, and European Court of Human Rights (ECtHR)
Political Geography:
Europe

42. Internet Freedom and Human Rights

Author:
Daniel Joyce
Publication Date:
04-2015
Content Type:
Journal Article
Abstract:
This article considers whether the Internet has become so significant, for the provision of, and access to, information and in the formation of political community and associated questions of participation, that it requires further human rights protection beyond freedom of expression. In short, should Internet freedom be configured as a human right? The article begins by considering the ubiquity of the Internet and its significance. A wider historical view is then taken to understand Internet freedom in terms of its lineage and development from earlier debates over freedom of expression and the right to communicate, through to the recognition of the significance of an information society and the need for Internet regulation on the international plane. The current debate over Internet freedom is then analysed with particular focus given to Hillary Clinton’s speech on Internet freedom and its subsequent articulation by Special Rapporteur Frank La Rue. The concluding part introduces the critical work of Evgeny Morozov and Jaron Lanier to an international law audience in order to deepen the debate over Internet freedom and to point to the concept’s limitations and dangers. It is too early to say whether a ‘right to Internet freedom’ has achieved universal recognition, but this article makes the case that it is worth taking seriously and that Internet freedom may need its own category of protection beyond freedom of expression.
Topic:
Human Rights, International Law, History, Regulation, Internet, and Freedom of Expression
Political Geography:
Europe, Global Focus, and United States of America