Book contents
- European Human Rights Grey Zones
- European Human Rights Grey Zones
- Copyright page
- Dedication
- Contents
- Foreword
- Acknowledgements
- Table of Cases
- Abbreviations
- 1 Introduction
- 2 Understanding the Council of Europe System and Territorial ‘Grey Zones’
- 3 Collective Responsibility for European Public Order
- 4 Jurisdiction and the Applicability of the European Convention on Human Rights
- 5 Council of Europe and Kosovo
- 6 Towards a Judicious Rapprochement
- 7 Conclusion
- Select Bibliography
- Index
3 - Collective Responsibility for European Public Order
Published online by Cambridge University Press: 18 April 2024
- European Human Rights Grey Zones
- European Human Rights Grey Zones
- Copyright page
- Dedication
- Contents
- Foreword
- Acknowledgements
- Table of Cases
- Abbreviations
- 1 Introduction
- 2 Understanding the Council of Europe System and Territorial ‘Grey Zones’
- 3 Collective Responsibility for European Public Order
- 4 Jurisdiction and the Applicability of the European Convention on Human Rights
- 5 Council of Europe and Kosovo
- 6 Towards a Judicious Rapprochement
- 7 Conclusion
- Select Bibliography
- Index
Summary
Chapter 3 considers the concept of shared, or collective, responsibility, a term which developed its own ambiguous ecosystem over the ten-year Interlaken process, but which reduced its meaning to an overly narrow focus on the ECHR control system. I propose that the protection of human rights in grey zones is a matter of first principles, which requires us to consider the object and purpose of the Council of Europe, which itself was established as a direct consequence of war. I argue that systemic and persistent limitations in the functioning of the broader CoE system in areas of conflict must consequently change the nature of the response. I suggest that such situations give rise to an ordre public imperative shared amongst all Member States. I further suggest that public order, when used as a tool for the intra-territorial effectiveness of the ECHR, constitutes a legal norm as it creates an exception to the state’s right to act voluntarily (i.e. it limits the possibility to declare a diminished level of responsibility for a particular region) on one hand, and it generates an imperative to act collectively, on the other.
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- European Human Rights Grey ZonesThe Council of Europe and Areas of Conflict, pp. 62 - 94Publisher: Cambridge University PressPrint publication year: 2024