The margin of appreciation accorded to national authorities varies according to the nature of the Convention right in issue, its importance for the individual and the nature of the activities restricted, as well as the nature of the aim pursued by the restrictions. While there is an emerging international consensus recognising the special needs of minorities and an obligation to protect their security, identity and lifestyle, the consensus was not sufficiently concrete to derive any guidance as to the conduct or standards of Contracting States. The vulnerable position of gypsies as a minority meant there was a positive obligation to facilitate the gypsy way of life. Article 8 did not impose an obligation to make available to the gypsy community an adequate number of suitably equipped sites. Article 8 did not give a right to be provided with a home. Whether the State provides funds to enable everyone to have a home was a matter for political not judicial decision.
Human Rights Case Digest – Brill
Published: Jan 1, 2001
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