Frozen conflicts - black holes of human rights protection mechanisms

Lia Neukirch
2017 unpublished
This thesis looks into the question on how can international mechanisms provide effective human rights protection to people living in de facto entities, created in the context of frozen conflicts. Analyzing the evolution of separatist entities of Abkhazia, the Donetsk and Luhansk Peoples' Republics and Transnistria and their de facto legislation concerning human rights, the thesis looks further into the human rights situation in these entities and the efforts of international mechanisms to
more » ... de effective human rights protection under special conditions of frozen conflicts. The thesis comes to the conclusion that the effectiveness of these international mechanisms is considerably limited by two factors. Firstly, these de facto entities are not part of international organizations due to their lack of international recognition, whereas mother – states are at the same time not able to protect the human rights of their citizens there. Secondly, the self-proclaimed entities, with the support of the Russian Federation, effectively limit access to their territories. The thesis argues that international mechanisms still make an important contribution and draws special attention to the judgment of the ECtHR in Ilaşcu case, through which the Court, by holding Russia responsible for human right violations in a de facto entity, has considerably increased the impact of a crucial human rights protection instrument, the ECHR.
doi:10.25365/thesis.48610 fatcat:prsyj4uuwrey3nyalommkndbuy