Examination Timing: 00H01M02S
John, a male prisoner, was incarcerated when he and his wife were 30 years old. He is not scheduled to be released until they are both 50 years old. John sought access to an IVF facility in order for him and his wife to conceive. His requests were rejected, as were his subsequent legal challenges in the UK. His application has now been accepted by the European Court of Human Rights (ECtHR) based on the argument that his Article 8 right to a family life under the European Convention on Human Rights (Convention) has been violated. There is currently no consensus among Contracting States as to how this issue should be decided by the ECtHR.
Which of the following best describes the margin of appreciation in complying with the European Convention on Human Rights the ECtHR will apply when considering this application?
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The ECtHR will apply a wider margin of appreciation in this case. The margin of appreciation doctrine allows for a degree of discretion to be given to Member States in how they implement and comply with the ECHR, especially when there is no consensus among the Contracting States on a particular issue. In the case of Dickson v United Kingdom (2008) 46 EHRR 41, the ECtHR considered the margin of appreciation where there was no existing consensus between Contracting States regarding access to artificial insemination facilities for prisoners. The court concluded that in cases involving complex social issues and choices of social strategy, the margin of appreciation is wider, allowing Member States to determine how best to balance competing private and public interests unless the legislature's policy choice is "manifestly without reasonable foundation."
Key Point: The margin of appreciation is wider when there is no consensus among Contracting States, particularly in cases involving complex social issues, allowing states to determine how to balance private and public interests.
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