Sentences with phrase «justified margin of appreciation»

Not exact matches

Besides invoking the European Convention of Human Rights (the Convention) «margin of appreciation» (para 125), he suggested (paras 118 — 20) that if Convention rights were engaged, restriction could be justified by protection of the traditional family.

To her dismay, the ECtHR found in favour of the UK on the basis that the existing rules were within the government's margin of appreciation; the provisions were proportionate and justified to protect defendants from stale claims (see Stubbings v United Kingdom (Applications 22083 / 93, 22095 / 93)(1996) 23 EHRR 213).