We reported on the online event on the ECHR and the Age of Backlash earlier this week here. That event will also serve as the launch of the new European platform AGORA, initiated by Andrew Forde and supported by this blog's editors among many others. Please find his guest post below on the ideas behind this initiative and join him and the speakers on 30 October online.
Building a New AGORA: A Pan-European Platform for Evidence-Based Human Rights Debate
Andrew Forde, Dublin City University
In ancient Greece, an agora was a place where democracy was practiced, laws were debated, and citizens could speak freely about issues affecting them. In the haze of social media, the noise of political sound bites and the speed of modern news cycles, it sometimes feels like we are losing the space for rational, honest and evidence-based discussion on important issues affecting our lives, such as our human rights. Or perhaps we’re losing perspective as to why rights even matter in our advanced economies and mature democracies?
Despite the horrors of Russia’s aggression on Ukraine, most Europeans (thankfully) don’t have lived-experience of repression, war or authoritarian systems, so it’s objectively hard to imagine a world where our rights would be restricted, our judicial systems unfair, or our freedom of speech curtailed. In truth, for the overwhelming majority of people, human rights don’t really matter to them precisely because they are so essential, embedded and effective.
But liberty fuels complacency. If we then allow human rights, democracy and rule of law protections to be eroded, all of society suffers and there’s no quick way to reverse damage done by policy choices which are based on false narratives, misinformation or motivated by short-term political interests.
Political posturing versus ideological rupture
Recently there has been sharper push-back against the European human rights system than usual, in particular in discussions relating to migration. In several countries, the European Court of Human Rights is being accused of mission creep, whilst others claim it limits sovereignty.
Backlash is not unusual, in fact it is a quite normal feature of the business of human rights and the work of the Council of Europe (CoE). The European human rights system is collegiate but principled, and this gives rise to tension at times even if it goes to lengths to stress the subsidiarity principle and doctrine of margin of appreciation. Much like riding a bike, there can no real progress without some friction.
Despite this, recent months have been qualitatively different with some states suggesting a pick-and-choose approach to standards, whilst others have made withdrawal from the ECHR a mainstream idea. Both ideas seem politically seductive, but lack a persuasive legal, normative or public-opinion basis. States are entitled to discuss the systems they are custodians of, just like the Courts are entitled to be judicially independent of governments, a fundamental principle of the separation of powers. However, things seem to be getting murky. States are openly pressurising the Court to adopt ever-more conservative approaches, whilst avoiding a robust, evidence-based discussion about their core concerns and the actual facts. Is this political posturing, or is it indicative of a broader ideological rupture with the basic values underpinning the CoE?
Whatever the diagnosis, what’s clear is that a new and open-minded conversation about the ECHR is urgently required, and we should actively encourage it. Only through discussion, can we remind ourselves of the fundamental importance of these standards to us all and foster renewal.
AGORA Group Launch
This is part of the reason why the new AGORA Group was established as an independent, pan-European platform committed to open dialogue and balanced, evidence-based debate on key issues concerning the European Convention on Human Rights (ECHR). Hundreds of academics and practitioners have signed up so far, representing all 46 member states, and this number is growing by the day.
Join us on 30 October for our first AGORA Group online symposium on 'The Age of Backlash – The European Convention on Human Rights and the new Political Reality'. The event will also mark the official launch of the new AGORA Group. Everyone interested in a fit-for-purpose European human rights system is most welcome to join.
