Approaches to Interpretation

Question 1

What are the approaches to interpretation?

Answer 1

• Balancing of rights.
• Proportionality.
• Margin of appreciation.

Question 2

What does the balancing of rights recognise?

Answer 2

The limited nature of some rights and the need to balance them against the rights and freedoms of others.

Question 3

What is an example of when rights need to be balanced?

Answer 3

The rights of someone accused of a crime to question witnesses may need to be balanced against the rights of the victim and vulnerable witnesses.

Question 4

What do the principles of proportionality require?

Answer 4

• Public body decision-makers to consider the individual’s circumstances.
• To choose the least restrictive option.
• To make a reasoned decision, including why they consider any restriction on human rights to be justifiable.

Question 5

What must there be within the principles of proportionality?

Answer 5

A ‘fair balance’ between the individual’s rights and the interests and rights of others.

Question 6

What is the margin of appreciation?

Answer 6

A doctrine which means that a member state is permitted a degree of discretion, subject to Strasbourg supervision, when it takes legislative, administrative or judicial action in the area of a Convention right.

Question 7

What does the doctrine allow?

Answer 7

The court to take into account the fact the Convention will be interpreted differently in different member states.

Question 8

What does the doctrine give?

Answer 8

The necessary flexibility to balance the sovereignty of member states with their obligations under the Convention.