Reclaiming Political Rights During a Rule of Law Crisis
The Role of the UN Human Rights Committee
Bibliographic Data
| ID | 21822360 |
|---|---|
| Authors | Jessica Almqvist (0000-0002-0194-1182, Lund University, corresponding author) |
| Year | 2024 |
| Volume | 16 |
| Issue | 1 |
| Pages | 129-152 |
| Publication date | 2024-04-01 |
| Peer Reviewed | Yes |
| Open Access | Yes |
| Type | ARTICLE |
| Venue | Hague Journal on the Rule of Law (JOURNAL) |
| Journal identifiers | ISSN: 1876-4045 • E-ISSN: 1876-4053 |
| Publisher | Springer Science and Business Media LLC (PUBLISHER) |
| DOI | 10.1007/s40803-024-00204-9 |
| OpenAlex | W4392509013 |
| Language | EN |
| References cited | 15 |
How should democratic states approach and respond to secessionist movements using tactics contrary to the constitution to achieve their goals? What is the role of international human rights mechanisms in these processes? This article sheds light on these questions by examining how the UN Human Rights Committee approached and assessed two complaints that came before it in the wake of the Catalan Declaration of Independence in 2017. The aim is to discuss the Committee’s examination of the merits in the two cases and the procedural hurdles faced. Specifically, it will analyse the effects of examining the merits in hindsight and the extent to which this perspective may have influenced its views. It will further reflect on the potential costs of acting with procedural flexibility towards the two complaints which, while driven by a sense of urgency, did not meet the threshold for irreparable harm. It is concluded that, while a protective stance towards petitioners is the bedrock of its mandate related to individual complaints, acting with such degree of flexibility risks undermining its procedural effectiveness and the integrity of its individual complaint procedure. It also made it come too close to act as a fourth instance in relation to facts that had already been examined by domestic courts by the time of its assessment. At the same time, it did not challenge Spain’s rule of law approach as such
Human rights · Law and economics · Mandate · Petitioner · Political science · Politics · Rule of law · Sociology · Supreme court · European and International Law Studies · Judicial and Constitutional Studies · Law · Political Systems and Governance
The Democratic Legitimacy of Secession and the Demos Problem
The Human Rights Committee—Challenges and Prospects for Enhanced Effectiveness and Integration
German Yearbook of International Law
A conflict of sovereignty? Democracy versus rule of law in the case of Catalonian succession
The Silver Anniversary of the UN Human Rights Committee
| Citation velocity | historical |
|---|---|
| Highly cited | No |