Should the notion of domestic margin of appreciation be included in the Inter-American Human Rights System?

David Lovatón Palacios

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The domestic margin of appreciation, of European origin, is a concept from which a certain part of the Latin American doctrine has begun to suggest its application in the Inter-American Human Rights System (SIDH). The present article argues, by contrast, that this notion is neither necessary nor convenient, since it is possible to use the principles of subsidiarity and proportionality in the two cases in which the domestic margin of appreciation could be applicable: in the determination of the appropriate protection of fundamental rights by a State in each specific case and in the implementation of the provisions of the Inter-American Commission or Court of Human Rights at domestic level. For this purpose, it previously develops the context of dialogical articulation relations between the SIDH and the domestic courts; context in which the debate on the domestic margin of appreciation in the Inter-American sphere is inserted.
Original languageSpanish
Pages (from-to)339-368
Number of pages30
JournalEstudios Constitucionales
StatePublished - 1 Jan 2018

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