THE ORIGIN OF THE MARGIN OF APPRECIATION AND THE JURISPRUDENCE OF THE EUROPEAN SYSTEM OF HUMAN RIGHTS AND INTER-AMERICAN SYSTEM OF HUMAN RIGHTS
This study seeks to study the margin of appreciation doctrine and its implementation by the European System of Human Rights and Inter-American System of Human Rights. This doctrine originated in the European System and was developed by the European Court jurisprudence. The Inter-American System (suc...
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| Format: | Article |
| Language: | English |
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Universidade Federal do Rio de Janeiro
2021-12-01
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| Series: | Inter |
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| Online Access: | https://revistas.ufrj.br/index.php/inter/article/view/43013 |
| Summary: | This study seeks to study the margin of appreciation doctrine and its implementation by the European System of Human Rights and Inter-American System of Human Rights. This doctrine originated in the European System and was developed by the European Court jurisprudence. The Inter-American System (such as Inter-American Commission and State Party) used the doctrine based on the European Court of Human Rights jurisprudence. Despite being mentioned by Inter-American Court, the margin of appreciation has not been accepted by it. |
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| ISSN: | 2596-3503 |