Ebook: La Doctrina del Margen de Apreciación como instrumento de la protección de los derechos humanos

Abstract: Considering world history, it has sometimes been understood that using human
rights as a basis for all international relations is an imposition from the western world,
and that this whole discourse is just a cover for the interests of the most powerful nations,
while this has been used very often as an excuse for the lack of attention to the guardianship
of human rights, which makes international cooperation very difficult. Human Rights
are supposed to be the means towards dignity, but they must be studied in the light of
anthropology, history, and sociology so they can be really and efficiently protected,
because cultural differences are also slowing down the cooperation between nations
for this purpose. The purpose of the margin of appreciation doctrine, which was developed
by the European Court of Human Rights, is to preserve the autonomy of judicial decisions of every nation, but always respecting certain values that deserve a special
protection, despite cultural differences, which restricts the activity of international organisms
and strengthens the idea that it is the responsibility of the nations to protect human
rights in the first place, and they will be supervised by the international organisms,
whose job will be subsidiary , which means that they will seek the protection of human
rights without interfering with sovereignty or self-government of the nations, which has
been one of the biggest challenge for human rights worldwide.