Ekonomiska sanktioners förhållande till vissa mänskliga rättigheter / The relationship between economic sanctions and certain human rights
- Authors
- Publication Date
- Jan 01, 2022
- Source
- DiVA - Academic Archive On-line
- Keywords
- Language
- Swedish
- License
- Green
- External links
Abstract
Economic sanctions are an instrument that states can use to punish or influence other states. Such sanctions may include the freezing of assets of individuals and organizations but may also in some cases constitute total bans on trade with the state hit by the sanctions. Being hit by sanctions means that the targeted person risks having their human rights restricted. This is because sanctions are a kind of "punishment" with the aim of getting the entity who is hit to stop a certain be-havior. The risk with this "punishment" is that the restriction of human rights is far too disproportionate in relation to the purpose of the sanctions. This paper examines the extent to which those who are hit by sanctions have their human rights restricted. The focus of the paper is on two rights. The right to life and the right to a fair trial. Both comprehensive and targeted sanctions are discussed in the paper. Furthermore, the paper argues that comprehensive sanctions are prob-lematic and that they risk leading to violations of the right to life. The paper also argues that targeted sanctions are also problematic in relation to human rights, even if these are less problematic than comprehensive sanctions. This is because targeted sanctions are fraught with restrictions on the right to a fair trial, and that the entity hit by targeted sanctions cannot be guaranteed a fair trial if he wishes to overturn the sanction decision. In addition, the paper explores the role of the European Court of Justice as a sanctions review body and explores future solu-tions that could improve the legal certainty of targeted sanctions.
