National sovereignty deference. national margin of appreciation doctrine and practice in the inter-American human rights system

Abstract

Nowadays, it is difficult to argue that the inclusion of the doctrine national margin of appreciation is an exclusive matter of the European System of Human Rights Protection. On the contrary, the direct or indirect use of this doctrine by the Inter-American Human Rights System opens a space for discussion about its understanding and development, going beyond the conceptual mention of this category. In this sense, this article seeks to examine, from an exploratory methodology, the application parameters of the national margin of appreciation within the context of the latter regional protection system, between 1981-2020. To do this exercise, this article has four sections. It starting with a conceptual framework in order to move on to the methodology section and its respective results.The article ends prior to the conclusions, with the understanding observations of the margin of national appreciation category.