The problem relating to the margin of appreciation doctrine under the European doctrine under the European Convention on Human Rights

Abstract

The European Convention on Human Rights and the intergovernmental bodies it created under its auspices have long, quite rightly, been regarded as the most effective tools to protect individuals' fundamental rights and freedoms. Although perfect in many respects, yet those tools are still beyond meeting the ordinary people's expectations regarding complete remedies toward gross human rights violations. In addition to some other major defects, the European Convention also harbors an enormous obstacle before the full realization of human rights protection: the margin of appreciation doctrine. The author contends that the problem concerning the doctrine is that it has been assumed during the creation of the Convention that the States Parties to the Convention are the best protectors of human rights, and therefore, they should be given the right to implement it as they interpret it.