Looking tough on migration is eroding human rights – POLITICO

The message these developments convey is harmful. It alerts that the authority and independence of courts, together with entry to justice and human rights, may be sacrificed when governments suppose it fits their coverage priorities or electoral concerns.

Different European international locations definitely haven’t been resistant to such considering both, with some adopting related insurance policies and legal guidelines that harm nationwide authorized orders, in addition to the effectiveness of worldwide treaties, with a purpose to meet their home migration agendas. However when two international locations belonging to the Council of Europe’s founding group — and which might be usually held in excessive regard as standard-bearers for rule of regulation, human rights and democracy — brazenly and unapologetically interact in such practices, it inevitably emboldens others to think about related approaches.

This could then create a domino impact — one which begins with denouncing the essential function of checks and balances, then spills over right into a direct risk to human rights, rule of regulation and, finally, the core values of democratic societies.

It additionally particularly places the effectiveness of the European Conference on Human Rights — a pillar of the European authorized and democratic order — in danger. Over the previous 75 years, Council of Europe members have painstakingly developed a complete human rights system and dedicated to uphold it, each individually and collectively. Nevertheless, it’s now more and more frequent to see politicians assault this very system and even advocate for a withdrawal from the conference — until, that’s, the ECtHR bends to the need of governments on migration circumstances.

These are misguided, drastic and headline-grabbing recommendations. But different, smaller steps slowly however absolutely erode the system as effectively. Specifically, international locations ignoring the ECtHR’s interim measures, that are issued solely in distinctive circumstances, the place there’s an imminent threat of irreparable hurt, is an actual drawback. Such disregard immediately undermines the long-established and binding nature of those measures, particularly their perform as a vital emergency brake on authorities overreach.

Over the past six years, I’ve recurrently alerted nationwide authorities relating to the necessity to confront the erosion of rule of regulation — particularly round migration, the place the decline is most pronounced. Asylum seekers and migrants are simple targets. However whereas curbing their rights and entry to justice could assist rating fast political positive factors, electoral success doesn’t give governments carte blanche to undermine common human rights, compromise judicial independence and successfully place themselves above the regulation.

These parts are all integral to the democratic material of our societies and have to be protected — not dismantled.