Date of Award
Bachelor of Arts
The purpose of this thesis is to determine why the European Court of Human Rights treats Article 9 (freedom of thought conscience, and religion) differently than other personal freedom articles with similar restriction clauses. To answer this question, the theory of a secular bias or Islamophobia on the part of the Court is first examined. Then, the structure of the Court and its effect on judicial decision-making is examined using various models. The author finds theories of a secular bias not persuasive and holds that the Court's decision-making is largely affected by the issue of non-compliance, which makes the Court rule strategically.
Randhawa, Kelsey L., "Explaining the Margin: The Margin of Appreciation Doctrine in Article 9 Jurisprudence of the European Court of Human Rights" (2015). Honors Theses. 131.