Euro Studies

Essay by rosiek November 2014

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2.What is the concept of the "margin of appreciation" and how has it been developed by the ECtHR?

4.How has the European Union attempted to ensure equal treatment of men and women?

I have completed this document solely with the assistance of the materials acknowledged in the proper academic manner in the footnotes and the bibliography. I have received no further assistance, whether from a fellow-student or any other person.

2. The term "margin of appreciation" refers to the space for manoeuvre that the Strasbourg organs are willing to grant national authorities, in fulfilling their obligations under the European Court of Human Rights. The Court developed the concept of "margin of appreciation" to take into account the broadly-drawn principles of the Convention and how they are interpreted in different societies. The margin of appreciation allows the court to take into effect the fact that the Convention will be interpreted differently in different member states.

Judges are obliged to take into account the cultural, historic and philosophical differences between Strasbourg and the nation.

The Doctrine was used for the first time in the case Handyside v. United Kingdom , which concerned the publication of a book aimed at school children, a chapter which discussed sexual behaviour in explicit terms. The ECHR were willing to allow a limitation of freedom of expression in the interests of protection public morals.

4. Gender equality policy, which is implemented in the European Union, is one of the most modern and most advanced in the world. The European Union is interested not only equality in the legal sense, because this was a relatively long achieved, but also gender equality in the labor market, access to education, goods and services, or in the decision making process. The European Union focuses on gender mainstreaming strategy, and...