Secession, democracy and human rights: The role of international and European Law in the Catalan case

The basic social problem that justifies this research project is the grave constitutional crisis produced in Spain since 2012 as a result of the Catalan ‘process’. It is a crisis that has provoked social tension and division of Catalan society, which are now increasing following the publication on 14 October 2019 of the Spanish Supreme Court’s judgment concerning the ‘process’. To date, the question of territorial secession has been addressed principally from the perspective of territorial sovereignty. Less attention has been paid to advance the scientific-technical knowledge of the phenomenon of secession (in a strict sense) when it takes place in a liberal democracy, analysing its relationship with democracy, respect for human rights and the rule of law.

In this light, the purpose of the research project is the study of the function of international and European law in relation to secessionist movements when taking place in liberal democracies. More specifically, it will analyse state obligations to ensure respect for the rule of law and human rights in light of international legislation and jurisprudence, taking both central state organs as well as autonomous or local ones into account. It will also examine possible human rights violations committed by the autonomous and local authorities leading the process and, in this case, the possibility of invoking direct or indirect international responsibility for these violations.