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3 - Collective Responsibility for European Public Order

Published online by Cambridge University Press:  18 April 2024

Andrew Forde
Affiliation:
Irish Centre for Human Rights, University of Galway
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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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Chapter
Information
European Human Rights Grey Zones
The Council of Europe and Areas of Conflict
, pp. 62 - 94
Publisher: Cambridge University Press
Print publication year: 2024

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