Living instrument doctrine
Origin and development

Other early cases which helped develop the living instrument doctrine include Marckx v. Belgium (1979), in which the court decided that it was no longer justified to treat illegitimate children differently, and Dudgeon v United Kingdom (1981), in which the court judged "as compared with the era when that legislation was enacted, there is now a better understanding, and in consequence, an increased tolerance of homosexual behaviour to the extent that it is no longer considered to be necessary or appropriate" to criminalize homosexuality. According to law scholar George Letsas, these cases have a pattern: a case involving a moral issue comes to the Court, the Court notes the importance of the moral aspect in the member state, but also considers developments in other Council of Europe states. In most cases, this resulted in a violation of a Convention right being found.
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