THE “MARGIN OF APPRECIATION DOCTRINE” DEVELOPED BY THE CASE LAW OF THE EUROPEAN COURT OF HUMAN RIGHTS

Abstract

The margin of appreciation doctrine is based on the notion that each society is entitled to certain latitude in resolving the inherent conflicts between individual rights and national interests or among different moral convictions. The margin of appreciation doctrine that has been established by the European Convention on Human Rights and its implementing bodies, gives the State Parties to the Convention the opportunity to strike a balance between the common good of society and the interests of the individual when they restrict rights. The underlying principle is that state authorities are in a better position than an international judge to decide the proper application of the Convention to specific contexts. The development of this concept is important to keep in mind as Turkey accedes to the European Union and comes under pressure to adhere to European standards.