The human rights of individuals in de facto regimes under the European Convention on Human Rights
Article
Cullen, A. and Wheatley, S. 2013. The human rights of individuals in de facto regimes under the European Convention on Human Rights. Human Rights Law Review. 13 (4), pp. 691-728. https://doi.org/10.1093/hrlr/ngt033
Type | Article |
---|---|
Title | The human rights of individuals in de facto regimes under the European Convention on Human Rights |
Authors | Cullen, A. and Wheatley, S. |
Abstract | The objective of this article is to evaluate the extent to which we can regard individuals in the territories of de facto regimes in the Council of Europe region (Abkhazia, South Ossetia, Nagorno-Karabakh, Transdniestria, and Turkish Republic of Northern Cyprus) as enjoying the protection of the European Convention on Human Rights. The work considers the utility of recognizing de facto regimes as subjects of international law, before examining the relevant case-law of the European Court of Human Rights and wider international law on the human rights obligations of such political entities. It then draws on the idea of the acquired human rights doctrine to recognize, in certain circumstances, that the ECHR can be opposable to such regimes and concludes by reflecting on the implications of the analysis for understanding human rights in world society. |
Keywords | de facto regimes, jurisdiction, acquired human rights doctrine, European Convention on Human Rights |
Research Group | Law and Politics |
Publisher | Oxford University Press (OUP) |
Journal | Human Rights Law Review |
ISSN | 1461-7781 |
Publication dates | |
Online | 25 Oct 2013 |
01 Dec 2013 | |
Publication process dates | |
Deposited | 04 Oct 2013 |
Output status | Published |
Digital Object Identifier (DOI) | https://doi.org/10.1093/hrlr/ngt033 |
Language | English |
https://repository.mdx.ac.uk/item/84691
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