HUMAN RIGHTS IN THE EUROPEAN CONSTITUTIONAL ORDER

of climate change events, there is possibly only Article 15(b) relevant under which it is imaginable to argue that due to the severe environmental conditions in the country of origin, a person can face serious harm in the form of inhuman or degrading treatment. Additionally, Article 15(c) could be very likely applicable in case climate change effects lead to situations of international or internal armed conflict that result in severe and individual threats to a civilian’s life or person because of indiscriminate violence. 2.3 The Legal Authority and Enforceability of UNHRC’s Decisions The UNHRC functions as the treaty-monitoring body for the ICCPR, tasked with ensuring that member states comply with the ICCPR and providing authoritative interpretation of its provisions. 28 One of its principal functions is to consider individual communications received under the Optional Protocol to the ICCPR. While the Committee’s findings (merit decisions), referred to as views 29 , are not legally binding in the same way as those of national courts, they are authoritative interpretations of the Covenant and impose a legal obligation on the part of States parties to respect and ensure the rights recognised in the ICCPR. 30 Although the “jurisprudence” of the UNHRC is influential for international human rights law, domestic jurisprudence and legislative reform are also impacted. 2.4 The European Union and Its Relationship with the Refugee Convention, ICCPR, and the Convention Against Torture The EU is not a direct party to the principal international legal instruments such as the Refugee Convention, the ICCPR or, the Convention against Torture. However, all EU member states ratified them individually and are legally bound by their provisions. 31 Nevertheless, in the EU legal order, EU law takes precedence over international agreements in cases of collisions. 32 This creates a refined legal context within which EU law can define or limit the application of international legal obligations, even though member states are bound by the provisions of these conventions. However, EU law comprises its legal instruments and mainly governs the scope of protection provided by international treaties. 33 In some cases, we could see tensions between EU law and international instruments that could raise questions 28 ICCPR, Art. 28, Art. 41 and Art. 42. 29 Optional Protocol to the ICCPR, Art. 5 30 ICCPR, Art. 2. 31 See the Status of Ratification interactive dashboard created by the United Nations Office of the High Commissioner. Available at: https://indicators.ohchr.org/. 32 Compare joined Cases C-402&415/05 P Yassin Abdullah Kadi and Al Barakaat International Foundation v Council and Commission of the European Union [2008] ECR I-6351, para 317 (commonly known as “ Kadi I” ). 33 See Common European Asylum System or Charter of Fundamental Rights.

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