<abstract xmlns="http://www.w3.org/1999/xhtml">

<p>(Public) morals is a specific example of a general clause that bridges the gap between legal norms and a wide array of non-legal rules. The indeterminacy of this clause allows the standard of morals to be construed with due consideration for various criteria, values, principles and local circumstances. At the same time, in a culturally diverse society, difficulties in translating ethical issues into the legal language come to light. Consequently, we have both national and international legislation in which the premise of (public) morals is the legitimate objective/aim for restricting certain freedoms and rights. In turn, judicial bodies such as the European Court of Human Rights, as described in this paper, encounter problems in interpretation and the need to use different interpretative methods to give the right meaning to this concept.</p>
</abstract>

(Public) morals is a specific example of a general clause that bridges the gap between legal norms and a wide array of non-legal rules. The indeterminacy of this clause allows the standard of morals to be construed with due consideration for various criteria, values, principles and local circumstances. At the same time, in a culturally diverse society, difficulties in translating ethical issues into the legal language come to light. Consequently, we have both national and international legislation in which the premise of (public) morals is the legitimate objective/aim for restricting certain freedoms and rights. In turn, judicial bodies such as the European Court of Human Rights, as described in this paper, encounter problems in interpretation and the need to use different interpretative methods to give the right meaning to this concept.

The Role of General Clause of (Public) Morals Based on Selected European Court of Human Rights’ Judgments

Białostockie Studia Prawnicze

This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 3.0 License.

(Public) morals is a specific example of a general clause that bridges the gap between legal norms and a wide array of non-legal rules. The indeterminacy of...

The Role of General Clause of (Public) Morals Based on Selected European Court of Human Rights’ Judgments

Published Online: Dec 29, 2022

Page range: 101 - 119

Received: Jul 20, 2022

Accepted: Oct 05, 2022

DOI: https://doi.org/10.15290/bsp.2022.27.04.07

Keywords
ECtHR judgments, living together concept, margin of appreciation, morals (public morals) clause

© 2022 Katarzyna Kubuj, published by Sciendo

This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 3.0 License.

The Role of General Clause of (Public) Morals Based on Selected European Court of Human Rights’ Judgments

Published Online: Dec 29, 2022

Page range: 101 - 119

Received: Jul 20, 2022

Accepted: Oct 05, 2022

DOI: https://doi.org/10.15290/bsp.2022.27.04.07

KeywordsECtHR judgments, living together concept, margin of appreciation, morals (public morals) clause

© 2022 Katarzyna Kubuj, published by Sciendo

This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 3.0 License.

Keywords
ECtHR judgments, living together concept, margin of appreciation, morals (public morals) clause