Resumen

ALDAO, MARTÍN. Between deference and indifference: Margin of appreciation, democracy and vulnerability situations in the caselaw of the European Courts of Human Rights. Rev. Derecho Estado [online]. 2019, n.44, pp.31-55. ISSN 0122-9893.  https://doi.org/10.18601/01229893.n44.03.

The margin of appreciation doctrine is often described as a way to overcome plurality issues inside regional human rights systems. Also, the deferential posture adopted by regional courts is being praised by the literature as a democracy-enhancing approach. However, the imprecise development of the doctrine by the European Court of Human Rights has raised many doubts and critics. Among the latter, this paper focuses on the consequences of an enhanced margin of appreciation in terms of the ability of regional human rights systems to deal with deeply entrenched inequality issues.

Palabras clave : Human Rights; European Court of Human Rights; Democracy; Social Inequality.

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