UK 'leads' attacks on European court

Vice-president / incoming president of the EctHr Judge Síofra O’Leary, the first female and first Irish president of the European Court of Human Rights

The British Government has been “prominent” in attacks on the European Convention on Human Rights in recent years, a top Irish legal expert has said.

Colm O’Cinneide, professor of constitutional and human Rights law at the University of Limerick, said these attacks have accused the court of “human rights imperialism”.

Speaking at a major conference on the European Court of Human Rights, he agreed with President Michael D Higgins, who said the convention “must remain the cornerstone of human rights’ protection across Europe”.

The conference, held at Dublin City University, was chaired by the Chief Justice of Ireland Mr Justice Donal O’Donnell, and attended by a delegation from the European court and Irish judges.

Prof O'Cinneide said the president had pointed out that both the European Convention on Human Rights and the European Court of Human Rights had “come under attack” in recent years.

“The court has been accused of over-reaching, of ‘human rights imperialism, or arrogating legal-decision authority to itself which should be exercised by national authorities,” he said. 

“Prominent among these critics have been UK government ministers.” 

He said: 

Late last year, the UK government published a consultation paper on reform of UK human rights law, which contained some strikingly aggressive criticism of the court."

Prof O'Cinneide said that, more recently, the intervention by the court which stopped the transfer of asylum seekers to Rwanda “triggered another bout of political attacks”.

He added: “Certain UK judges and academics have also engaged in sweeping criticism of the court.” 

He said the Polish courts and politicians had also “openly challenged” the authority of the court and further tensions were likely.

“It is worth emphasising that these recent attacks on the courts often feature plenty of sound and fury, but little in the way of tangible proposals for reform — with the recent shelving of plans for a new ‘UK Bill of Rights’ perhaps an example of this,” the professor said.

He said much of the British legal profession supported the convention.

President of the European Court of Human Rights Robert Spano said people might ask if Russia’s invasion of Ukraine and the continuing war in Europe was proof the convention was somehow powerless in the face of determined military action.

But Prof O'Cinneide denied this: “Firstly, the European Convention through its protection of key civil and political rights plays an important role in ensuring that the elements for a peaceful society: democracy, tolerance and pluralism are in place and not dismantled by an authoritarian government."

He added: “Secondly, States and individuals, victims of conflicts can turn to the Court for reparation and a public statement of a violation of the Convention.”