Panel: MARRIAGE AND FAMILY RELATIONS IN THE CASE-LAW OF THE ECHR



580.2 - COLLISION OF STATE AND CHURCH RULES CONCERNING MARRIAGE AND FAMILY LIFE IN ECTHR CASE LAW, WITH PARTICULAR REFERENCE TO THE WIDE MARGIN OF APPRECIATION OF MEMBER STATES

AUTHORS:
Köbel S. (Károli Gaspar University of the Reformed Church in Hungary ~ Budapest ~ Hungary)
Text:
In the presentation, I will focus on cases where the collision between the internal legal order of religious denominations in each state and the legal system of that state is the central issue. There are different models of the relationship between the state and the churches in the member states of the ECHR: the state-church model, a combination of separation, separation and cooperation, the state's ideological neutrality or engagement with religious doctrines, and the institutional relationship between the state and the church as two entities. This is why the ECtHR's practice is interesting in terms of the extent to which it respects the margin of appreciation of each member state, the different constitutional orders and the specific teachings of each religious denomination in relation to marriage and family life.