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Governance & Power  ›  Judicial  ›  ECHR & Human Rights Rulings  ›  Controversial ECHR rulings

Controversial ECHR rulings

Here are a few highly controversial ECHR rulings that have sparked accusations of bias, overreach, or political influenceà¢à¢¬"though not necessarily corruption:

1. Hirst v. UK (2005) à¢à¢¬" Prisoner Voting Rights
  • Ruling: The ECHR found the UK's blanket ban on prisoners voting a violation of human rights.

  • Backlash:

    • The UK government (including PM David Cameron) refused to comply for years, calling the ruling "absurd."

    • Critics accused the ECHR of undermining national sovereignty.

  • Outcome: The UK still hasn't fully implemented the ruling, showing limited enforcement power.

2. Lautsi v. Italy (2011) à¢à¢¬" Crucifixes in Public Schools
  • Ruling: Initially banned crucifixes in Italian classrooms (2009), then reversed itself in 2011 after massive political pressure.

  • Controversy:

    • Seen as bowing to Catholic-majority backlash (Italy, Vatican, other states intervened).

    • Raises questions: Did political pressure sway the court?

3. Oliari v. Italy (2015) à¢à¢¬" Same-Sex Unions
  • Ruling: Ordered Italy to recognize same-sex civil unions.

  • Criticism:

    • Conservative groups accused the ECHR of "imposing liberal values" on a Catholic country.

    • Shows the court's activist role in social policy.

4. M.A. v. Denmark (2021) à¢à¢¬" Deportation of Criminal Migrants
  • Ruling: Blocked Denmark from deporting a Syrian migrant convicted of crimes, citing risk of torture in Syria.

  • Outrage:

    • Danish PM called it "a problem for European democracy."

    • Fuels claims that the ECHR prioritizes migrants over national security.

5. Interim Measures Against Russia & Others à¢à¢¬" "Politicized" Interventions?
  • 2022: Ordered Russia to stop its war in Ukraine (ignored).

  • 2024: Temporarily blocked UK's Rwanda deportation plan.

  • Criticism:

    • Supporters say it's protecting human rights.

    • Opponents (like UK's Suella Braverman) call it "a tool for left-wing lawyers to override democracy."


Is This Corruption or Just Judicial Activism?
  • No direct corruption (no bribes, secret payoffs proven).

  • Butà¢à¢¬¦ The court's rulings often align with progressive European elites, angering conservatives.

  • Power vs. Accountability: The ECHR can override national laws, yet has no army or police to enforce rulingsà¢à¢¬"leading to political clashes.


Key Debate: Should the ECHR Be Reformed?
  • Yes (Critics): Too powerful, unaccountable, imposes "liberal" values.

  • No (Supporters): Vital for protecting minorities when national courts fail.