BRUSSELS – May 9, 2024 –
In response to recent developments, the Council of Europe addressed the ongoing debate surrounding the European Convention on Human Rights (ECHR). The 5 Ws: What? The Council’s response. Who? alain Berset and EU leaders. When? Following a letter. Where? Brussels. Why? Concerns over application of the ECHR. Secretary-General Berset emphasized the importance of upholding the principles of the ECHR, while simultaneously suggesting that it should remain strong and relevant. Experts suggest further analysis is needed to unpack these latest developments.
European Convention on Human Rights: Council of Europe Responds to Debate
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The Council of Europe has firmly addressed concerns raised about the European Convention on Human Rights (ECHR), following a letter from Prime Minister Bart De Wever of belgium and eight other European Union leaders. the letter called for a debate on the interpretation of the ECHR, specifically regarding measures against irregular migration and crime.
The Core Issue: Balancing Rights and National sovereignty
At the heart of the debate is the balance between protecting individual rights under the ECHR and allowing national governments the flexibility to address pressing issues like irregular migration and crime. The signatories of the letter argue that the European Court of Human Rights’ interpretation of the ECHR has limited our possibilities to make political decisions in our own democracies.
This assertion highlights a tension between international legal standards and national policy-making.
Did you know? The European Convention on Human Rights was adopted in 1950 and is one of the Council of Europe’s most notable achievements. It established the European Court of Human Rights, which ensures member states respect the rights and freedoms enshrined in the Convention.
Council of Europe’s Response: Upholding the ECHR
Alain berset, Secretary-General of the Council of Europe, responded to the letter with a clear message: It is indeed not our job to weaken the European Convention on Human Rights (ECHR), but to keep it strong and relevant.
Berset emphasized the importance of maintaining the integrity of the ECHR and the independence of the European Court of Human rights.
the Importance of an Independent Judiciary
Berset stressed the critical role of an independent judiciary in upholding the rule of law. Debate is healthy, but the Court of Appeal is not that. In a constitutional state, no judiciary may experience any political pressure. Institutions that protect basic rights may not bend for political cycles. If they do, we run the risk that the stability for which they have been erected,
Berset stated. This underscores the principle that judicial decisions should be based on legal principles, not political considerations.
Pro Tip: Understanding the separation of powers is crucial. The judiciary’s role is to interpret laws, not to create them. Political pressure on the judiciary can undermine its impartiality and erode public trust in the legal system.
The ECHR as a Compass
The Secretary-General further emphasized the ECHR’s role as a fixed compass that protected the rule of law and individual rights within the system of checks and balances that our states have built together.
he also highlighted the Court’s unique function as the only international court ruling on human rights violations related to the Russian war against Ukraine, stating, This should never be questioned.
Maintaining Balance
Berset concluded by reiterating that in the light of today’s complex challenges is not our job to weaken the treaty, but to keep it strong and relevant.
He asserted that maintaining a balance between freedom, safety, justice, and accountability is essential, adding, That is our estate. and that is our joint duty.
