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Max Planck Encyclopedia of International Procedural Law [MPEiPro]

Balancing Test: Inter-American Court of Human Rights (IACtHR)

Lucas Lixinski

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2015. All Rights Reserved.date: 07 April 2020

Margin of appreciation — Judicial reasoning — Human rights

Published under the direction of Hélène Ruiz Fabri, with the support of the Department of International Law and Dispute Resolution, under the auspices of the Max Planck Institute Luxembourg for Procedural Law.

1 The Inter-American Court of Human Rights (IACtHR) uses a balancing test (or ponderación, for the terminology in Spanish, the Court’s primary working language) for the most part as a prong in a proportionality analysis. Proportionality analysis balances restrictions to human rights against other interests, more often than not states’ but sometimes also the rights of other private parties. Therefore, in making balancing part of proportionality, the IACtHR balances rights not only among different specific rights holders, but also in relation to the state, inasmuch...
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