Autore
Mola, Lorenza

Titolo
La rilevanza giuridica della coesione sociale nel quadro del Consiglio d’Europa: uno sguardo sistemico ed evolutivo
Periodico
Diritti umani e diritto internazionale
Anno: 2025 - Volume: 45 - Fascicolo: 3 - Pagina iniziale: 663 - Pagina finale: 685

The concept of 'social cohesion' encompasses elements such as well-being, a sense of belonging, social participation, tolerance, cultural diversity and equal opportunities. The concept penetrated the political and legal sphere of the European continent in the last decade of the last century. The Council of Europe provided its more articulated and widespread definition since its adoption in 2004. Yet, neither the Statute of the Council of Europe nor the agreements concluded in pursuit of its purpose contain such term. At the same time, there are few legal studies devoted to the consideration of social cohesion within the Council of Europe. This paper investigates whether the concept of 'social cohesion' has legal relevance within the Council of Europe, providing an analysis of the relevant treaties and practice thereon. It thus covers the elaboration of the concept and strategies relating to it by the statutory organs, and the case law of the European Court of Justice as well as the practice of the European Committee of Social Rights, on the European Convention of Human Rights and the European Social Charter, respectively. Ultimately, the research carried out shows that in light of its fundamental components, the concept of 'social cohesion' is linked to the Organisation’s purpose. It could thus share the same normative function of the ideals and principles recognized therein, in the activities of the statutory and treaty bodies. However, lacking an autonomous legal recognition, it may perform the function of providing support and normative content to these principles in the sphere of the Council of Europe.



SICI: 1971-7105(2025)45:3<663:LRGDCS>2.0.ZU;2-E
Testo completo: https://www.rivisteweb.it/download/article/10.12829/119533
Testo completo alternativo: https://www.rivisteweb.it/doi/10.12829/119533

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