دكترين «حاشيه تفسير» و محدوديتهاي حق بر ابراز دين، با تاكيد بر وضعيت مسلمانان در اروپا

The doctrine of the Nmargin of appreciation^ and the limitation of the right to religious manifestation: with special emphasis on Muslims in Europe

This article aims at investigating the doctrine of the margin of appreciation and the expansion of the jurisdiction of the states in limiting the right to freedom to manifest oneʹs religion in order to protect public safety, order, health, or morals or the fundamental rights and freedoms of others. It also seeks to find the answer to the question of how, in limiting religious freedom, the European doctrine of the margin of appreciation can be evaluated regarding the status of Muslims in Europe. Furthermore, it purports to confirm the hypothesis that this doctrine is helpful but not sufficient in limiting the implementation of the right to freedom of religion considering the impact of changing conditions and the diversity of religions and cultures. Finally, it offers some solutions.