The margin of appreciation doctrine and the right to life

: the article 2 of the ECHR

Abstract

The margin of appreciation is proving to be an increasingly fundamental mechanism when it comes to human rights since the protection given to such rights varies from state to state, and from time to time, depending on their beliefs and traditions. The purpose of this thesis is not only to explain the concept of the margin of appreciation and its evolution throughout time but also to establish the relationship of this doctrine with the right to life, enshrined in Article 2 of the European Convention on Human Rights. Thus, and because it becomes interesting from a comparative perspective, the legal regime of three Member States of the Council of Europe, at the time of writing, will be indicated.

Date of Award	20 Jul 2022
Original language	English
Awarding Institution	Universidade Católica Portuguesa
Supervisor	Catarina Santos Botelho (Supervisor)