Closing the gap in international human rights law: lessons from three regional human rights systems on legal standards and practices regarding violence against women 2015, para. 42
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The European Court of Human Rights was constituted in 1959. The judgements of the Court are transmitted to the Committee of Ministers, which is responsible for the supervision of their execution. The Court has stated that its role in promoting and protecting human rights is subsidiary and supervisory, as the main responsibility to protect human rights lies with the contracting States. Its decisions generally reflect the view that the Convention should be interpreted in a dynamic manner that takes into consideration commonly accepted standards in national laws of European States. In the absence of a European consensus, the national law is reflected through the application of a margin of appreciation doctrine, which allows for a measure of discretion in legislative, administrative or judicial action taken by States, thereby accommodating variations in State practices. This may result in the Court refraining from interpretative rulings that are too strict, in the light of the absence of moral and/or legal consensus across member States. The doctrine has been criticized for undermining the universal nature of human rights and introducing an unwarranted level of flexibility into the Convention. Proponents, on the other hand, hold that the doctrine recognizes the reality of the existence of differences in cultural and political standards in European States.
Legal status
Non-negotiated soft law
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Special Rapporteur on violence against women, its causes and consequences