Jerusalem Post: What’s wrong with Europe’s Human Rights System

Op-ed in The Jerusalem Post about human rights inflation in Europe:

Like the Israeli Supreme Court the European Court has taken on an activist role. And just like in Israel, this has raised questions of the legitimate scope of power of unelected judges.
The British Prime Minister David Cameron has taken action to limit the Court’s jurisdiction, with the objection that some of the court’s rulings have a “corrosive effect” on the support for human rights. Britain, currently chair of the European Council, initiated the Brighton meeting. Among other things, the resulting declaration aims at making it more difficult to access the Court, by shortening the time for appeal from six months after the final ruling in domestic court, to four.

As power moves from elected officials to unelected judges, there are some pivotal questions that must be raised: How do we distinguish between policies we find desirable, and actual human rights? At what point does a human rights regime lose its democratic legitimacy? At the same time it is important to keep in mind that the discussion extends beyond the court’s legitimacy in democracies of long standing. The rulings against states such as Russia, Turkey and Slovakia serve as a reminder that it is crucial to save the European human rights system.

More about human rights inflation here.
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