Public Morals and the European Convention on Human Rights

The protection of ‘morals’ appears frequently as a limitation on the exercise of fundamental rights, both in international covenants and in constitutional charters. The European Convention for the Protection of Human Rights is not an exception, and ‘public morals’ may be called upon to justify the r...

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Bibliographic Details
Published in:Israel law review 2014-11, Vol.47 (3), p.361-378
Main Author: Perrone, Roberto
Format: Article
Language:English
Subjects:
Borders
Europe
Family life
Human rights
Morality
Morals
Restriction
Rights
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Summary:The protection of ‘morals’ appears frequently as a limitation on the exercise of fundamental rights, both in international covenants and in constitutional charters. The European Convention for the Protection of Human Rights is not an exception, and ‘public morals’ may be called upon to justify the restriction of several important rights granted by the Convention, such as freedom of expression or the right to respect for private and family life. To avoid arbitrary restrictions of these rights it is important to understand the meaning of this general clause. This article aims to suggest a reading of the ‘public morals’ clause that singles out its scope and its boundaries.
ISSN:0021-2237
2047-9336
DOI:10.1017/S0021223714000144