STATE SOVEREIGNTY AND PROTECTION OF HUMAN RIGHTS

Abstract

This article explores the concept of “state sovereignty” and its transformation into “divided
sovereignty” upon a state’s ratification of the European Convention for the Protection of
Human Rights and Fundamental Freedoms (hereinafter the Convention). It proposes a
dialectical approach to the Council of Europe’s competence in protecting human rights in
non-government-controlled areas, guided by the Convention’s spirit. The study highlights
the dualistic responsibility for human rights violations in such territories, linked to foreign
jurisdiction and the positive obligations of states with limited sovereignty. It examines the
legal foundations for these “positive obligations” toward individuals whose rights are
violated in non-government-controlled areas. The research analyzes case law from the
European Court of Human Rights, emphasizing the balance between sovereignty and human
rights obligations. By exploring the interplay of territorial and extraterritorial jurisdiction,
the article underscores the Council of Europe’s subsidiary role in addressing human rights
vacuums. This applied research contributes to understanding how states can uphold
sovereignty while fulfilling international human rights commitments, proposing practical
measures to ensure protection in contested territories.