Is there an obligation to do more than the fair share? : European inter-state solidarity and global human rights-based solidarity

Abstract

The aim of this paper is to contribute to a better understanding of the notion of solidarity and shared responsibility by providing conceptual clarifications on the different obligations that fall on the members of a community of solidarity. Members of a community of solidarity share responsibility for and among each other. But: What happens if a member is not doing its fair share? Do the other members of the community of solidarity have the obligation to take over the share of non-complying members? The answer to this question can only be given by distinguishing the different solidarity regimes applicable to the situation. This paper takes the example of state’s obligations under EU law and international human rights law in the area of refugee protection to show the interplay between regional interstate solidarity and global human rights-based solidarity. It concludes that general human rights obligations like the principle of non-refoulement are valid independently from possible burden sharing agreements between EU-member states. This means that states can be required to do more than their fair share they agreed upon among each other if fundamental human rights guarantees are at stake.