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...
Tag: <span>Andreas Follesdal</span>
The significance of ‘consensus‘
Why if at all should a perceived (emerging) regional consensus on human rights affect states‘ margin of appreciation? The European Court of Human Rights‘ practice in this regard may respond to a shared regional ‘identity‘ and reduce the fear of supranational interference – but it also runs the risk of failing to uphold human rights.