Abstract

AGUILAR CAVALLO, Gonzalo. Margin of Appreciation and Conventionality Control: a Possible Conciliation?. Bol. Mex. Der. Comp. [online]. 2019, vol.52, n.155, pp.643-684.  Epub Feb 28, 2021. ISSN 2448-4873.  https://doi.org/10.22201/iij.24484873e.2019.155.14944.

This paper aims at examining the interaction between the margin of appreciation and the conventionality control. The author analyzes if the margin of appreciation provides justification for departing from the IACHR case law, or if the margin is complementary to the control of conventionality that restrictively justifies the domestic solution. The paper also deals with the use of the margin within the Inter-American context. One of the main findings is that the margin complements the control of conventionality so long as domestic judges consider the minimum standard, jus cogens and pro homine principle. In these cases, the margin of appreciation could be justified by dialogue between judges, and it would require choosing the national solution because of cultural diversity.

Keywords : Regional Systems of Human Rights Protection; Margin of Appreciation; Conventionality Control; Minimum Standard; Inter-American Court of Human Rights.

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