The application of the Principle of Subsidiarity in the jurisprudence of the Inter-American Court of Human Rights: progress and challenges

Abstract

Historically, the principle of subsidiarity has served as a mechanism for weighing values and rights protected by international human rights law (IHRL). The Inter-American Court of Human Rights has issued rulings applying the principle of subsidiarity, often without an adequate precision. It should be noted that in the recent jurisprudence, certain advances have been observed, but not enough, in the matter. This article will analyze, at first, the principle of subsidiarity and its understanding by the Inter-American Court; subsequently, it will indicate the relationship of the principle of subsidiarity with Article 2 of the American Convention on Human Rights (ACHR); Afterwards, it will study the application of the mentioned principle in some recent statements of the Inter-American Court. It concludes by highlighting the good practice that results from the correct application of the principle of subsidiarity by the Inter-American Court, and the future challenges it may face. Always in order to expand its development in the inter-American jurisprudence.