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

8 Religion and Human Rights 2 (2013), pp. 107-137.

36 Pages Posted: 18 Jul 2013 Last revised: 6 Aug 2013

Date Written: July 16, 2013

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 paper 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.

Keywords: margin of appreciation, standard of proof, burden of proof, right to freedom of religion

Suggested Citation

Ambrus, Monika, The European Court of Human Rights and Standards of Proof in Religion Cases (July 16, 2013). 8 Religion and Human Rights 2 (2013), pp. 107-137., Available at SSRN: https://ssrn.com/abstract=2294499

Monika Ambrus (Contact Author)

University of Groningen ( email )

Groningen
Netherlands

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