THE INTER-AMERICAN CONSENSUSAND THE NATIONAL MARGIN OF APPRECIATION

LIMITS TO THE INTER-AMERICAN HUMAN RIGHTS SYSTEM

Abstract

This paper examines two methods or alternatives that can be used by the organs of the Inter-American Human Rights System to respect the political, economic, and social realities of each of the States that make up the System: inter-American consensus and the national margin of appreciation. To this end, the principle of subsidiarity and its dimensions –material or substantive and procedural–, international consensus –especially its scope– and the national margin of appreciation are analyzed. Then, the application of these methods by Supranational Courts –both in the European and Inter-American systems– is studied, and finally, conclusions are presented, weighing some national experiences in the jurisprudence of their Superior Courts.