21 December 2023
Constitutional Identity vs. Human Rights
In two recent Latvian cases concerning the Russian-speaking minority decided respectively in September and November 2023, the ECtHR made clear that protection of constitutional identity has now been elevated to a legitimate aim for a differential treatment under the Convention. This post explores how the protection of constitutional identity has been deployed to enable a collective punishment by association with a former occupier, and how the ECtHR’s reasoning has effectively endorsed such a punishment, which is unbefitting of a liberal democratic system the ECHR aspires to represent. Until the three cases were decided, no liberal European democracy could argue without losing face that suppressing a large proportion of its population was its constitutional identity – one of the goals of its statehood. Today, this claim is seemingly kosher, marking a U-turn in the understanding of what the European human rights protection system is for minorities in Europe. Continue reading >>
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06 December 2021
Questions of Integrity
Many have rightly criticized the Commission for failing to robustly defend the EU’s founding values from academic freedom, to media freedom, to judicial independence, to the rights of refugees or the LGBT community. In these discussions, the Commission’s failure to take action against another form of discrimination is generally ignored: discrimination against national minorities. Looking at the example of Hungarian communities in other member states, this post highlights the Commission’s failure to defend ethnic or national minorities against discrimination. This is in stark contrast with the fact that the protection of and respect for minorities is a founding value of the EU, ranked equally to democracy, rule of law and human dignity. Continue reading >>21 April 2021
How Many Times Can the ECtHR Turn its Head
In the ruling Ahmet Hüsrev Altan v. Turkey of 13 April, the European Court of Human Rights did not find an ulterior motive in the prolonged pre-trial detention of a journalist in Turkey. The Court also refused to find “pattern and tendency” in the treatment of civil society and independent journalism in Turkey. This approach is not limited to Article 18 case law: The Court’s entire jurisprudence on Turkey lacks systematic analysis. Continue reading >>
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13 April 2021
The United Kingdom on Race
The United Kingdom’s Commission on Ethnic and Racial Disparities, has recently published a report, which has been widely discredited since its launch by charities, education unions, academics and politicians. Using the UK’s progressive track record of legal provisions on racial discrimination, the report moves to obscure racism’s systemic aspects. There is a profound disconnect between the theory of the UK’s legal protections against racism and the lived reality of race in Britain, which reveals race as an important and persistent determinant of social experience. Continue reading >>
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21 November 2017
Rule of Law in Poland: Memory Politics and Belarusian Minority
Memory politics and protection of ethnic minorities have not received enough attention in the discussion on the decline of the rule of law in Poland and Hungary. Poland has recently supplied a paradigmatic example. Continue reading >>05 November 2015