For decades, the global human rights community has seen human rights as a matter of law, mostly international law. Economic, social and cultural rights, however, are meant to be progressively realized making use of all available resources. The violations approach and the work on their justiciability do not address the structural factors that constrain the enjoyment of these rights. Human rights are about policy and politics as much as about law. There is room for human rights advocacy outside and beyond the limits of the law.
Abstract of a chapter by Koldo Casla in Can human rights bring social justice?, book edited by Amnesty International Netherlands in the Changing Perspectives on Human Rights collection.
The post Dear fellow jurists, human rights are about politics, and that’s perfectly fine appeared first on Ideas on Europe.
Viktor Orban, Hungary's prime minister, during a visit to Brussels to discuss the crisis this month
When the European Commission this month unveiled its scheme to share out 120,000 refugees, on top of the 40,000 agreed in July, it added a new beneficiary country to the programme: Hungary. But unlike the other two targeted in the scheme as EU front-line countries, Greece and Italy, Hungary didn’t want to be included, despite being subject to a massive influx from its border with Serbia.
The dispute has become one of the primary reasons agreeing the scheme has taken so long. Originally, the plan said that 54,000 refugees would be sent from Hungary to other member states. The remaining 66,000 would come from Italy (16,000) and Greece (50,000).
Commission officials admitted Hungary’s inclusion was a bit of political jujitsu. For months, Hungary’s combative prime minister, Viktor Orban, argued his country was being overrun with people trying to enter Germany. The relocation scheme provided the opportunity for Budapest to offload 54,000, quiet Brussels’ loudest critic, and peel off Hungary from the hardening anti-relocation alliance of Visegrad countries.
The publicly-stated reason Orban doesn’t want to participate is a matter of principle: Budapest does not see itself as a front-line state. Nearly everyone arriving in Hungary has come through Greece first and Budapest argues that, if Greece was doing its job, Hungary would not be facing a problem. “The elephant in the room is Greece,” insists one top Hungarian official.
Read moreOn Sunday, Alexis Tsipras, Greek Prime Minister and leader of the left-wing SYRIZA party, managed to achieve the inconceivable: time travel! After seven months in government, capital controls, a referendum, a failed negotiation with international creditors and a new memorandum, Alexis Tsipras’ party not only managed to get elected with a significant difference over its main rival, the centre-right New Democracy party, but will maintain a coalition with the Independent Greeks (ANEL), his former conservative coalition partner, just like on 25 January 2015. The balance of power may appear to have remained the same, however, does this mean that nothing has changed for Mr. Tsipras (and for us) in seven months?
What hasn’t changed – the overall political landscape:
What has changed – peoples’ belief in politics:
What’s on for Europe?
On Sunday, Mr. Tsipras proclaimed that “SYRIZA was die hard.” Excitement aside, both Mr. Tsipras and Mr. Kammenos, ought to move on fast from triumphant “die hard” to realistic “work hard”. If they don’t deliver on the reforms Greece may find itself in a difficult situation vis-à-vis its creditors and back into political turmoil with a new round of elections in the coming six months. In the words of John McClane, “Welcome to the party, pal!”
Ilektra Tsakalidou, with help from Claire Bravard and Martin Bresson