Subsidiarity as a Cure for Regional Human Rights Regimes? Bottom-Up Perspectives
The African, Inter-American and European human rights courts have all experienced severe challenges to their authority in the past decade. Although the challenges have come from different sources and contexts, many of the solutions suggested so far focus on improving domestic implementation of human rights. Under the headings of subsidiarity, embeddedness, and dialogue, domestic actors‘ greater engagement with regional human rights law is seen as a cure to the authority-, legitimacy- and effectiveness-related deficiencies in the respective regimes. This panel takes a bottom-up approach to the promises and pitfalls of the subsidiarity-centred suggestions. Rather than assuming domestic actors‘ capacity to fulfil such tasks, it focuses on the under-researched domestic repercussions of these suggestions. The speakers analyse what has been going on “on the ground“ and account for factors that affect the plausibility of greater domestic engagement with regional human rights law.