REGIONAL HUMAN RIGHTS COURTS: PROTECTORS OF HUMAN RIGHTS, OR OF NATIONAL AND REGIONAL IDENTITIES – OR BOTH?

Regional human rights systems are between Scylla and Charybdis: On the one hand they should uphold the states‘ human rights treaty obligations. On the other hand, they should arguably show appropriate respect for value pluralism, for various expressions of the majority‘s conception of national identity, and regionally shared modes of ‘balancing‘ rights and other important public values e.g. in the form of ‘Asian values.‘ The panel addresses how to alleviate the dilemmas in defensible ways, by means of a more refined understanding of the roles of the courts and committees, their use of ‘proportionality tests‘, by granting states a certain ‘margin of appreciation,‘ or by ‘nudging‘ domestic authorities toward more respect for human rights.



Time:  MONDAY 25 June 2018 16:45-18:15
Chair(s):   Andreas Follesdal
Panel:  Panel 22