Pub Date : 2023-04-18DOI: 10.1080/18918131.2023.2197721
Kjersti Skarstad
{"title":"Oppression or Support? Social Policy in the Lives of Persons with Intellectual Disabilities","authors":"Kjersti Skarstad","doi":"10.1080/18918131.2023.2197721","DOIUrl":"https://doi.org/10.1080/18918131.2023.2197721","url":null,"abstract":"","PeriodicalId":42311,"journal":{"name":"Nordic Journal of Human Rights","volume":"93 1","pages":""},"PeriodicalIF":0.4,"publicationDate":"2023-04-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"80275555","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-04-17DOI: 10.1080/18918131.2023.2195232
Markus Krajewski
ABSTRACT This paper assesses mandatory human rights laws for companies in light of the public–private divide in international human rights law. It asks whether and to what extent these laws contribute to the blurring of the private–public divide by reducing or even eliminating the boundaries between the obligations of public and private entities. The paper also assesses whether maintaining the divide is normatively desirable from the perspective of international human rights law. It first explains the public–private divide in international human rights law by recalling its doctrinal basis, reflecting on attempts to create binding obligations for companies in international human rights law, and assessing the United Nations Guiding Principles on Business and Human Rights within this framework. Next, it analyses existing and proposed domestic laws and legal instruments aimed at establishing human rights obligations for companies. It highlights the difference between approaches directly binding companies to human rights and laws requiring human rights due diligence. Based on this, the paper concludes that the public–private divide remains a useful analytical framework for international human rights law even though the boundaries between public and private are increasingly blurred in practice.
{"title":"Mandatory Human Rights Due Diligence Laws: Blurring the Lines between State Duty to Protect and Corporate Responsibility to Respect?","authors":"Markus Krajewski","doi":"10.1080/18918131.2023.2195232","DOIUrl":"https://doi.org/10.1080/18918131.2023.2195232","url":null,"abstract":"ABSTRACT This paper assesses mandatory human rights laws for companies in light of the public–private divide in international human rights law. It asks whether and to what extent these laws contribute to the blurring of the private–public divide by reducing or even eliminating the boundaries between the obligations of public and private entities. The paper also assesses whether maintaining the divide is normatively desirable from the perspective of international human rights law. It first explains the public–private divide in international human rights law by recalling its doctrinal basis, reflecting on attempts to create binding obligations for companies in international human rights law, and assessing the United Nations Guiding Principles on Business and Human Rights within this framework. Next, it analyses existing and proposed domestic laws and legal instruments aimed at establishing human rights obligations for companies. It highlights the difference between approaches directly binding companies to human rights and laws requiring human rights due diligence. Based on this, the paper concludes that the public–private divide remains a useful analytical framework for international human rights law even though the boundaries between public and private are increasingly blurred in practice.","PeriodicalId":42311,"journal":{"name":"Nordic Journal of Human Rights","volume":"76 1","pages":"265 - 278"},"PeriodicalIF":0.4,"publicationDate":"2023-04-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"79000914","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-04-03DOI: 10.1080/18918131.2023.2216088
Gabriela García Escobar
ABSTRACT International law in general and human rights norms specifically are experiencing a wave of criticism from various fronts. One aspect of this is seen in the continuous debate on human rights universality and cultural diversity: there is growing discontent around tensions between global standards and local particularities. This article proposes to rediscover the pluralistic universality envisaged by the drafters of the Universal Declaration of Human Rights of 1948 as an interpretative tool that can provide guidance for this dilemma. The declaration’s drafters understood universality as a set of commonly shared values that are essential for the respect of human dignity, but the content of which is open-ended and flexible enough to entertain a variety of notions of human flourishment. The drafters determined which concepts enjoyed universal acceptability and which did not by looking at a horizontal cross-cultural agreement, intercultural dialogue, and accepting reasonable disagreement on controversial subjects. The article proposes that their concept of universality and method for determining global standards could be used to address the tensions between the international and national spheres and enhance the legitimacy of the human rights system.
{"title":"Human Rights Pluralistic Universality: A Bridge Between Global Norms and Cultural Diversity","authors":"Gabriela García Escobar","doi":"10.1080/18918131.2023.2216088","DOIUrl":"https://doi.org/10.1080/18918131.2023.2216088","url":null,"abstract":"ABSTRACT International law in general and human rights norms specifically are experiencing a wave of criticism from various fronts. One aspect of this is seen in the continuous debate on human rights universality and cultural diversity: there is growing discontent around tensions between global standards and local particularities. This article proposes to rediscover the pluralistic universality envisaged by the drafters of the Universal Declaration of Human Rights of 1948 as an interpretative tool that can provide guidance for this dilemma. The declaration’s drafters understood universality as a set of commonly shared values that are essential for the respect of human dignity, but the content of which is open-ended and flexible enough to entertain a variety of notions of human flourishment. The drafters determined which concepts enjoyed universal acceptability and which did not by looking at a horizontal cross-cultural agreement, intercultural dialogue, and accepting reasonable disagreement on controversial subjects. The article proposes that their concept of universality and method for determining global standards could be used to address the tensions between the international and national spheres and enhance the legitimacy of the human rights system.","PeriodicalId":42311,"journal":{"name":"Nordic Journal of Human Rights","volume":"18 1","pages":"171 - 188"},"PeriodicalIF":0.4,"publicationDate":"2023-04-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"90417418","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-04-03DOI: 10.1080/18918131.2023.2204634
Trond Helland, Ragnhild Hollekim
ABSTRACT The European Court of Human Rights (ECtHR) is the sole interpreter of all matters on the European Convention on Human Rights (ECHR) and has no obligations toward any other international law and/or jurisprudence. In the realm of children’s rights, the Convention on the Rights of the Child (CRC) is renowned as the most prominent source for all development of children’s rights. Officially, there is no connection between the ECHR/ECtHR and the CRC. Nevertheless, the ECtHR has acknowledged a reciprocal, harmonious relationship between the two conventions. By analysing all judgments from the ECtHR referring to the CRC, using a combination of quantitative and qualitative document analyses, this article aims to examine the CRC’s footing in the ECtHR. Leaning on concepts of legal mobilisation, lawfare, and availability heuristics, we argue that there has been a clear development in how the CRC is used in and by the ECtHR, indicating that the CRC has an increasingly stronger footing within the Court, especially in the past decade. Additionally, we argue that this development has strengthened children’s rights and that the CRC, at least indirectly, has had and still has a vital role in developing children’s rights within the ECtHR.
{"title":"The Convention on the Rights of the Child’s Imprint on Judgments from the European Court of Human Rights: A Negligible Footprint?","authors":"Trond Helland, Ragnhild Hollekim","doi":"10.1080/18918131.2023.2204634","DOIUrl":"https://doi.org/10.1080/18918131.2023.2204634","url":null,"abstract":"ABSTRACT The European Court of Human Rights (ECtHR) is the sole interpreter of all matters on the European Convention on Human Rights (ECHR) and has no obligations toward any other international law and/or jurisprudence. In the realm of children’s rights, the Convention on the Rights of the Child (CRC) is renowned as the most prominent source for all development of children’s rights. Officially, there is no connection between the ECHR/ECtHR and the CRC. Nevertheless, the ECtHR has acknowledged a reciprocal, harmonious relationship between the two conventions. By analysing all judgments from the ECtHR referring to the CRC, using a combination of quantitative and qualitative document analyses, this article aims to examine the CRC’s footing in the ECtHR. Leaning on concepts of legal mobilisation, lawfare, and availability heuristics, we argue that there has been a clear development in how the CRC is used in and by the ECtHR, indicating that the CRC has an increasingly stronger footing within the Court, especially in the past decade. Additionally, we argue that this development has strengthened children’s rights and that the CRC, at least indirectly, has had and still has a vital role in developing children’s rights within the ECtHR.","PeriodicalId":42311,"journal":{"name":"Nordic Journal of Human Rights","volume":"60 1","pages":"213 - 233"},"PeriodicalIF":0.4,"publicationDate":"2023-04-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"86528243","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-04-03DOI: 10.1080/18918131.2023.2212997
W. Cole
ABSTRACT Scholarly research, journalistic accounts, and popular discourses often portray Islam as detrimental to human rights. Governments in Muslim-majority countries are considered especially prone to violating bodily integrity protections, curtailing civil and political liberties, repressing women and LGBT people, and restricting religious freedoms. Using cross-national time-series data for a majority of the world’s countries, this article demonstrates that Islam per se is not responsible for human rights deficits in any of these domains. Simply being a Muslim-majority country is not associated with increased rights violations. Rather, human rights gaps are confined to Muslim-majority countries in the Middle East and North Africa region and, in some cases, to Arab countries. Additional research to explain these patterns is warranted.
{"title":"The Islamic Human Rights Deficit: Region, Not Religion, Is the Driver","authors":"W. Cole","doi":"10.1080/18918131.2023.2212997","DOIUrl":"https://doi.org/10.1080/18918131.2023.2212997","url":null,"abstract":"ABSTRACT Scholarly research, journalistic accounts, and popular discourses often portray Islam as detrimental to human rights. Governments in Muslim-majority countries are considered especially prone to violating bodily integrity protections, curtailing civil and political liberties, repressing women and LGBT people, and restricting religious freedoms. Using cross-national time-series data for a majority of the world’s countries, this article demonstrates that Islam per se is not responsible for human rights deficits in any of these domains. Simply being a Muslim-majority country is not associated with increased rights violations. Rather, human rights gaps are confined to Muslim-majority countries in the Middle East and North Africa region and, in some cases, to Arab countries. Additional research to explain these patterns is warranted.","PeriodicalId":42311,"journal":{"name":"Nordic Journal of Human Rights","volume":"8 1","pages":"189 - 212"},"PeriodicalIF":0.4,"publicationDate":"2023-04-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"84215243","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-04-03DOI: 10.1080/18918131.2023.2190653
Céline Brassart Olsen
ABSTRACT More than 1.8 billion people menstruate every month. Yet menstruation is still a taboo, including in the workplace, where the multiple challenges of menstruating workers remain largely unaddressed from exclusion from certain branches to inadequate facilities, inflexible workloads, and period jokes. To address this issue, the Swedish organisation MENSEN has developed Period Works!, a unique ‘menstrual certification' involving employers, employees, and trade unions ‘to create a more period friendly work life'. The initiative reveals menstruators' challenges at work, particularly in terms of their rights to health, privacy, non-discrimination, and collective bargaining. Yet so far the legal literature and policies on the issue are scarce. To fill this gap, inspired by Period Works!, this article conceptualises a comprehensive human rights framework to promote menstrual health at work. It analyses whether states and employers, who mostly ignore menstruators' needs, are in breach of their existing legal obligations to promote menstruating workers' rights. The article also critically examines whether recognising menstruators’ rights at work would truly be a blessing, or if menstrual mainstreaming at work could increase discrimination and be a curse. The article argues that only a carefully crafted comprehensive human rights framework for menstrual health at work can address this paradox.
{"title":"A Blessing or a Curse? An Analysis of Menstrual Health Promotion in the Workplace from a Human Rights Perspective","authors":"Céline Brassart Olsen","doi":"10.1080/18918131.2023.2190653","DOIUrl":"https://doi.org/10.1080/18918131.2023.2190653","url":null,"abstract":"ABSTRACT More than 1.8 billion people menstruate every month. Yet menstruation is still a taboo, including in the workplace, where the multiple challenges of menstruating workers remain largely unaddressed from exclusion from certain branches to inadequate facilities, inflexible workloads, and period jokes. To address this issue, the Swedish organisation MENSEN has developed Period Works!, a unique ‘menstrual certification' involving employers, employees, and trade unions ‘to create a more period friendly work life'. The initiative reveals menstruators' challenges at work, particularly in terms of their rights to health, privacy, non-discrimination, and collective bargaining. Yet so far the legal literature and policies on the issue are scarce. To fill this gap, inspired by Period Works!, this article conceptualises a comprehensive human rights framework to promote menstrual health at work. It analyses whether states and employers, who mostly ignore menstruators' needs, are in breach of their existing legal obligations to promote menstruating workers' rights. The article also critically examines whether recognising menstruators’ rights at work would truly be a blessing, or if menstrual mainstreaming at work could increase discrimination and be a curse. The article argues that only a carefully crafted comprehensive human rights framework for menstrual health at work can address this paradox.","PeriodicalId":42311,"journal":{"name":"Nordic Journal of Human Rights","volume":"266 1","pages":"151 - 170"},"PeriodicalIF":0.4,"publicationDate":"2023-04-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"89060818","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-04-03DOI: 10.1080/18918131.2023.2178741
E. Sundkvist
ABSTRACT This article introduces the concept of space-making as a form of human rights activism. To develop the concept, I use the example of contentious street activism against sexual violence in post-2011 Egypt. My research has found that feminist activists utilised human rights as a legal tool for improving legislation and policy and as a linguistic strategy to challenge derogatory discourse. Using human rights in these two ways required that activists identify violations of rights and articulate their demands. Yet the contentious street activism in Egypt against sexual violence did not contain verbal utterances, so it cannot be captured through these two dimensions of human rights. In this article, I explore how to capture and analyse activism that sits within a human rights framework, but which is devoid of specific rights claims or clarified motives, where the focus seems instead to be on the public space. By engaging with theories of performativity, vulnerability, rights claiming, and subjectivisation, I argue that through modes of activism against sexual violence that take the form of performative bodily enactments of space, people convert themselves into the human rights subjects they are told they cannot be.
{"title":"Human Rights as Space-Making: Bodily Performative Activism Against Sexual Violence in Egypt","authors":"E. Sundkvist","doi":"10.1080/18918131.2023.2178741","DOIUrl":"https://doi.org/10.1080/18918131.2023.2178741","url":null,"abstract":"ABSTRACT This article introduces the concept of space-making as a form of human rights activism. To develop the concept, I use the example of contentious street activism against sexual violence in post-2011 Egypt. My research has found that feminist activists utilised human rights as a legal tool for improving legislation and policy and as a linguistic strategy to challenge derogatory discourse. Using human rights in these two ways required that activists identify violations of rights and articulate their demands. Yet the contentious street activism in Egypt against sexual violence did not contain verbal utterances, so it cannot be captured through these two dimensions of human rights. In this article, I explore how to capture and analyse activism that sits within a human rights framework, but which is devoid of specific rights claims or clarified motives, where the focus seems instead to be on the public space. By engaging with theories of performativity, vulnerability, rights claiming, and subjectivisation, I argue that through modes of activism against sexual violence that take the form of performative bodily enactments of space, people convert themselves into the human rights subjects they are told they cannot be.","PeriodicalId":42311,"journal":{"name":"Nordic Journal of Human Rights","volume":"6 1","pages":"133 - 150"},"PeriodicalIF":0.4,"publicationDate":"2023-04-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"80160331","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-04-03DOI: 10.1080/18918131.2023.2207940
Theresa Squatrito
{"title":"Transnational lawmaking coalitions for human rights","authors":"Theresa Squatrito","doi":"10.1080/18918131.2023.2207940","DOIUrl":"https://doi.org/10.1080/18918131.2023.2207940","url":null,"abstract":"","PeriodicalId":42311,"journal":{"name":"Nordic Journal of Human Rights","volume":"51 1","pages":"252 - 254"},"PeriodicalIF":0.4,"publicationDate":"2023-04-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"72867538","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-03-28DOI: 10.1080/18918131.2023.2192075
Matti Muukkonen
ABSTRACT This study examines the applicability of article 11 of the European Convention on Human Rights (ECHR) to Finnish student unions. In Finland, student unions have not traditionally been regarded as associations within the context of the convention, based on certain old inadmissibility decisions made by the European Commission of Human Rights. Based on the case law of the European Court of Human Rights, this study shows that, despite its wording, the Convention also protects negative freedom of association – the right not to belong. Methodologically, this is a legal dogmatic study that examines the case law, particularly in terms of the criteria by which it excludes or includes some communities from its scope. The conclusion is that, if the case of compulsory membership of student unions is debated in the Court of Human Rights, student unions cannot be considered public institutions, to which article 11 ECHR has not been applicable, but should be treated as associations. This, in turn, implies that compulsory student union membership can be criticised from the perspectives of both national law and the Convention.
{"title":"Finnish Student Unions as Associations in the Context of ECHR Article 11","authors":"Matti Muukkonen","doi":"10.1080/18918131.2023.2192075","DOIUrl":"https://doi.org/10.1080/18918131.2023.2192075","url":null,"abstract":"ABSTRACT This study examines the applicability of article 11 of the European Convention on Human Rights (ECHR) to Finnish student unions. In Finland, student unions have not traditionally been regarded as associations within the context of the convention, based on certain old inadmissibility decisions made by the European Commission of Human Rights. Based on the case law of the European Court of Human Rights, this study shows that, despite its wording, the Convention also protects negative freedom of association – the right not to belong. Methodologically, this is a legal dogmatic study that examines the case law, particularly in terms of the criteria by which it excludes or includes some communities from its scope. The conclusion is that, if the case of compulsory membership of student unions is debated in the Court of Human Rights, student unions cannot be considered public institutions, to which article 11 ECHR has not been applicable, but should be treated as associations. This, in turn, implies that compulsory student union membership can be criticised from the perspectives of both national law and the Convention.","PeriodicalId":42311,"journal":{"name":"Nordic Journal of Human Rights","volume":"26 1","pages":"234 - 248"},"PeriodicalIF":0.4,"publicationDate":"2023-03-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"85294711","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-03-20DOI: 10.1080/18918131.2023.2184925
Ebru Demir
In Can the European Court of Human Rights Shape European Public Order?, Kanstantsin Dzehtsiarou meticulously investigates the meaning of a term which has been wandering around in the judgments of the European Court of Human Rights (ECtHR or the Court) for a long time: ‘European public order.’ The book asks two interrelated questions: (1) What does ‘European public order’ mean for the ECtHR? and (2) Does the ECtHR have any role in shaping ‘European public order’? Dzehtsiarou argues that ‘European public order’ is too vague to qualify as a legal concept (25) and thus the ECtHR’s claims for shaping ‘European public order’ are illegitimate. Dzehtsiarou finds that the Court used the term ‘European public order’ more than one hundred times in its decisions and judgments (22). Following this finding, Dzehtsiarou starts examining the term ‘European public order’ in these decisions and judgments in order to find out whether the Court has adopted uniform conception of ‘European public order’ (Chapter 2). Through examination of the relevant case-law he shows that ‘European public order’ is an elusive term and the ECtHR’s understanding of the term is far from homogenous (24). For illustration, a few examples that Dzehtsiarou brought forward in the book include the case of Al-Dulimi and Montana Management Inc. v Switzerland. The applicant alleged that Switzerland violated their fundamental rights and freedoms under the European Convention on Human Rights (ECHR or the Convention) while administering the sanctions imposed by the United Nations Security Council under the Chapter VII of the United Nations Charter. Because of the absence of any effective and independent judicial review mechanisms at the national level, the Grand Chamber found a violation of Article 6 (the right to a fair trial) and underlined that ‘ ... the sanctions were imposed in breach of the rule of law which is a “fundamental component” of European public order’ (39). Here the Court linked ‘European public order’ with the rule of law. Another case where the Court referred to ‘European public order’ is United Communist Party of Turkey and Others v Turkey. In this case, the applicant was a political party and it had been dissolved – even before it started its activities – solely based on its name, constitution, and programme. The Court found a violation of Article 11 (the right to freedom of assembly and association) and concluded that democracy is an essential element of ‘European public order’. Thus, the Court, this time, linked democracy with ‘European public order’. In Fabris v France, the applicant claimed that he was denied inheritance because of his status as an ‘illegitimate child’. The Court concluded that there was a violation of Article 14 (prohibition of discrimination) in the case and importantly it stated that prohibition of discrimination was a part of ‘European public order’. As seen, the ECtHR might refer to ‘European public order’ in various contexts and situations, and the t
《欧洲人权法院能否塑造欧洲公共秩序?》《欧洲公共秩序》(European public order)一词在欧洲人权法院(ECtHR或法院)的判决中徘徊已久。这本书提出了两个相互关联的问题:(1)“欧洲公共秩序”对欧洲人权法院意味着什么?(2)欧洲人权法院在塑造“欧洲公共秩序”方面是否有任何作用?Dzehtsiarou认为，“欧洲公共秩序”太模糊了，不能作为一个法律概念(25)，因此欧洲人权法院关于塑造“欧洲公共秩序”的主张是非法的。Dzehtsiarou发现，法院在其判决和判决中使用“欧洲公共秩序”一词超过100次(22)。根据这一发现，Dzehtsiarou开始研究这些判决和判决中的“欧洲公共秩序”一词，以找出法院是否采用了“欧洲公共秩序”的统一概念(第2章)。通过对相关判例法的研究，他表明“欧洲公共秩序”是一个难以捉摸的术语，欧洲人权法院对该术语的理解远非同一性(24)。为了说明这一点，Dzehtsiarou在书中提出了几个例子，包括Al-Dulimi和Montana Management Inc.诉瑞士一案。申请人声称，瑞士在执行联合国安全理事会根据《联合国宪章》第七章所施加的制裁时，侵犯了他们根据《欧洲人权公约》(《欧洲人权公约》或《公约》)所享有的基本权利和自由。由于在国家一级缺乏任何有效和独立的司法审查机制，大分庭发现违反了第6条(公平审判权)，并强调“……这些制裁违反了作为欧洲公共秩序“基本组成部分”的法治(39)。在这里，法院将“欧洲公共秩序”与法治联系起来。法院提到“欧洲公共秩序”的另一个案件是土耳其联合共产党和其他人诉土耳其。在本案中，申请人是一个政党，甚至在它开始活动之前就被解散了，只是因为它的名称、章程和纲领。法院认定违反了第11条(集会和结社自由的权利)，并断定民主是“欧洲公共秩序”的基本要素。因此，这一次法院将民主与“欧洲公共秩序”联系起来。在法布里斯诉法国案中，申请人声称，由于他的“私生子”身份，他被剥夺了继承权。法院的结论是，该案违反了第14条(禁止歧视)，重要的是，法院指出，禁止歧视是“欧洲公共秩序”的一部分。如前所述，ECtHR可能会在不同的语境和情况下提到“欧洲公共秩序”，这个词可能会获得不同的含义
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