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The study aims to analyze how regional human rights courts assess state motivations for human rights restrictions.

Hidden, indirect and ulterior purpose review by regional human rights courts: comparing the cases against Azerbaijan and Venezuela

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The study aims to analyze how regional human rights courts assess state motivations for human rights restrictions.
Comparative analysis of ECtHR and IACtHR jurisprudence
Examination of the doctrine of misuse of power
Review of legal frameworks surrounding Article 18 ECHR and Article 30 ACHR
ECtHR applies the misuse of power doctrine restrictively under Article 18 ECHR.
IACtHR applies the doctrine more broadly under various rights provisions in the ACHR.
The findings challenge previously held parallels between the two articles and suggest differing proactive approaches.

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This article examines human rights court judgments, revealing differing approaches and implications for accountability.

Finnerty et al. (2025) studied this question.

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