David Cameron Calls for Urgent Reform of European Human Rights Court
Posted on | January 28, 2012 by J.C. von Krempach, J.D. |
Speaking to the Council of Europe’s Parliamentary Assembly, British Prime Minister has expressed concern that “the concept of human rights is in danger of being distorted. As a result, for too many people the very concept of rights is in danger of slipping from something noble to something that can become discredited.” He urgently called for a reform of the Human Rights Court, saying that “when controversial rulings overshadow the good and patient long-term work that’s been done, that not only fails to do justice to the work of the Court, but it has a corrosive effect on people’s support for human rights.”
Indeed, in recent years we have seen many examples of judicial activism that have severely damaged the Court’s reputation. The most spectacular cases were Lautsi v. Italy (where a Chamber of the Court ruled that crucifixes should be banned from classrooms the continent over), and S.H. and others v. Austria (where the Court wanted to impose the legalization of morally objectionable procreation techniques involving donated oocytes and sperm cells), both of which were subsequently reversed by a Grand Chamber Judgment. But there were also many other decisions and obiter dicta where unfortunately the Court did not have a chance to correct itself. This includes the controversial statement that homosexual relationships are a form of family life (in Schalk and Kopf v. Austria, although the applicant’s request that the Court should “discover” in the Convention an obligation to legislate for “same-sex marriages” was narrowly defeated), and the Court’s persistent failure to provide adequate protection for the life of unborn children (although, in A., B., and C. v. Ireland at least the attempt of the pro-abortion lobby to make the Court assert that there were a “right to abortion” received a clear rebuttal).
You can watch Mr. Cameron’s speech on video, or read the full text here.
