The ECHR’s Democratic Society: Human Rights and Secessionist Movements
Current secessionism in Europe sits uneasily with existing definitions in international law. The latter relies on two categories of groups that seek recognition either within or against existing states: indigenous peoples and (national) minorities. High-profile examples in Europe, such as Scotland and Catalonia, sit uneasily with these definitions. Accommodation as indigenous peoples is not open to the Catalans or the Scots. Integration as national minorities, on the other hand, is not what they aspire to. At the same time, Catalonia and Scotland find their attempts to secede thwarted by anti-secessionist policies. How do we judge which of these anti-secessionist means are justified? The project investigates what the ECHR could contribute to secessionist movements achieving their aims or to limiting responses to secessionist movements. The ECHR includes a strong commitment to democracy, mentioning the value of a democratic society at various points. This makes it a promising candidate in this regard. The project considers the potential of ECHR cases on minority protection, and case law related to the banning of political parties that advocate constitutional change. It further asks whether the ECHR’s contributions to shaping secessionist processes are a) desirable and b) (if so) sufficient.
