The compulsory character of human rights norms as a trait of european identity
Abstract
In this paper, we have studied the place that the norms that proclaim and defend human rights occupy in the juridical systems of the Council of Europe and the European Union, looking for their consensus and how they have been protected, aiming at determining whether their protection is a constituent trait of the European identity or not. In this sense, we have realized that both juridical systems try to protect human rights in a very special way, thus making credible the fact that in some provisions of their constituent treaties it is affirmed that human rights are part of the fundamental values of those organisations. Moreover, the remaining juridical mechanisms set up in order to protect human rights in the EU and the Council of Europe show the intention of their member states to place the norms that proclaim and protect human rights above the singular will of states. Therefore, the member states intent to create a sort of peremptory norms, something that allow us to conclude that the peremptory character of human rights norms is a constituent trait of the European identity.
Received: 02 July 2018
Accepted: 05 September 2018
Published online: 27 February 2019
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