{"title":"联合国人权理事会特别程序与加泰罗尼亚分离进程","authors":"Patricia Arias B.","doi":"10.1007/s40803-024-00215-6","DOIUrl":null,"url":null,"abstract":"<p>The Special Procedures of the Human Rights Council fulfil their mandates by performing certain tasks as independent experts, with the responsibility to investigate human rights situations wherever they occur. They are required to take measures to monitor and respond quickly to allegations of human rights violations on behalf of the international community. Catalonia’s pro-sovereignty process and the referendum held there on 1 October 2017 – despite having been declared illegal and suspended by Spain’s Constitutional Court – had several judicial consequences, including trials, arrests and detentions. As a result, several sources submitted information to certain Special Procedures for them to communicate to the government of Spain their allegations of violations of the human rights of persons subject to judicial persecution. The Spanish government responded to each of these communications, consistently noting that the allegations referred to judicial actions ordered within the framework of the Spanish Constitution and laws, in accordance with Spain’s status as a democratic state governed by the rule of law.</p>","PeriodicalId":45733,"journal":{"name":"Hague Journal on the Rule of Law","volume":"33 1","pages":""},"PeriodicalIF":2.9000,"publicationDate":"2024-05-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"The Special Procedures of the UN Human Rights Council and the Catalan Secession Process\",\"authors\":\"Patricia Arias B.\",\"doi\":\"10.1007/s40803-024-00215-6\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"<p>The Special Procedures of the Human Rights Council fulfil their mandates by performing certain tasks as independent experts, with the responsibility to investigate human rights situations wherever they occur. They are required to take measures to monitor and respond quickly to allegations of human rights violations on behalf of the international community. Catalonia’s pro-sovereignty process and the referendum held there on 1 October 2017 – despite having been declared illegal and suspended by Spain’s Constitutional Court – had several judicial consequences, including trials, arrests and detentions. As a result, several sources submitted information to certain Special Procedures for them to communicate to the government of Spain their allegations of violations of the human rights of persons subject to judicial persecution. The Spanish government responded to each of these communications, consistently noting that the allegations referred to judicial actions ordered within the framework of the Spanish Constitution and laws, in accordance with Spain’s status as a democratic state governed by the rule of law.</p>\",\"PeriodicalId\":45733,\"journal\":{\"name\":\"Hague Journal on the Rule of Law\",\"volume\":\"33 1\",\"pages\":\"\"},\"PeriodicalIF\":2.9000,\"publicationDate\":\"2024-05-02\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Hague Journal on the Rule of Law\",\"FirstCategoryId\":\"90\",\"ListUrlMain\":\"https://doi.org/10.1007/s40803-024-00215-6\",\"RegionNum\":2,\"RegionCategory\":\"社会学\",\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"Q1\",\"JCRName\":\"LAW\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Hague Journal on the Rule of Law","FirstCategoryId":"90","ListUrlMain":"https://doi.org/10.1007/s40803-024-00215-6","RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q1","JCRName":"LAW","Score":null,"Total":0}
The Special Procedures of the UN Human Rights Council and the Catalan Secession Process
The Special Procedures of the Human Rights Council fulfil their mandates by performing certain tasks as independent experts, with the responsibility to investigate human rights situations wherever they occur. They are required to take measures to monitor and respond quickly to allegations of human rights violations on behalf of the international community. Catalonia’s pro-sovereignty process and the referendum held there on 1 October 2017 – despite having been declared illegal and suspended by Spain’s Constitutional Court – had several judicial consequences, including trials, arrests and detentions. As a result, several sources submitted information to certain Special Procedures for them to communicate to the government of Spain their allegations of violations of the human rights of persons subject to judicial persecution. The Spanish government responded to each of these communications, consistently noting that the allegations referred to judicial actions ordered within the framework of the Spanish Constitution and laws, in accordance with Spain’s status as a democratic state governed by the rule of law.
期刊介绍:
The Hague Journal on the Rule of Law (HJRL) is a multidisciplinary journal that aims to deepen and broaden our knowledge and understanding about the rule of law. Its main areas of interest are: current developments in rule of law in domestic, transnational and international contextstheoretical issues related to the conceptualization and implementation of the rule of law in domestic and international contexts;the relation between the rule of law and economic development, democratization and human rights protection;historical analysis of rule of law;significant trends and initiatives in rule of law promotion (practitioner notes).The HJRL is supported by HiiL Innovating Justice, The Hague, the Netherlands and the Paul Scholten Center for Jurisprudence at the Law School of the University of Amsterdam, the Netherlands.Editorial PolicyThe HJRL welcomes contributions from academics and practitioners with expertise in any relevant field, including law, anthropology, economics, history, philosophy, political science and sociology. It publishes two categories of articles: papers (appr. 6,000-10,000 words) and notes (appr. 2500 words). Papers are accepted on the basis of double blind peer-review. Notes are accepted on the basis of review by two or more editors of the journal. Manuscripts submitted to the HJRL must not be under consideration for publication elsewhere. Acceptance of the Editorial Board’s offer to publish, implies that the author agrees to an embargo on publication elsewhere for a period of two years following the date of publication in the HJRL.