ABSTRACT
When the Council of Europe was formed in the aftermath of the Second World War one its principal aims was to foster respect for human rights, democracy and the rule of law among the nations of Europe. The focus in the European Convention is on rights of a civil and political nature and its provisions reflect the concerns of the Governments in post war Europe. In the light of its textual constraints, it crucial that the protection which the Convention offers children is maximised. The doctrine of the margin of appreciation is frequently decisive of the scope of protection which the Convention offers, particularly in children's cases. The Court has established that the Convention is to be interpreted as a living instrument and this has allowed it to maintain its relevance to social and legal standards.
