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15 - The Inter-American Court of Human Rights’ Tentative Search for Latin American Consensus

from Part III - Consensus Analysis Outside the ECHR System

Published online by Cambridge University Press:  04 January 2019

Panos Kapotas
Affiliation:
University of Portsmouth
Vassilis P. Tzevelekos
Affiliation:
University of Liverpool
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Summary

This chapter examines the Inter-American Court of Human Rights’ practice with respect to consensus interpretation. Contrasted with the well-settled practice of the European Court of Human Rights, one can see that the Inter-American Court’s practice seems to rely on consensus when it supports a progressive, teleological interpretation of human rights, rather than being primarily a legitimacy-building device. The chapter argues that the Inter-American Court’s selective engagement eliminates the latter possibilities of the consensus method of interpretation. Instead, the Court’s seeking legitimacy not from State parties, but other stakeholders, does not seem particularly concerned with legitimacy costs (even if it probably should).
Type
Chapter
Information
Building Consensus on European Consensus
Judicial Interpretation of Human Rights in Europe and Beyond
, pp. 337 - 363
Publisher: Cambridge University Press
Print publication year: 2019

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