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Is the ECHR overstepping its powers?

Controversial European Court of Human Rights rulings and debates over judicial overreach

· Updated · No. 148

Government and Parliament - Justice and courts - Human rights and the ECHR

Five high-profile ECHR rulings have sparked accusations of judicial activism and bias, raising questions about whether the court imposes progressive values on member states or protects fundamental rights.

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

Modern architecture of the European Parliament building in Strasbourg with a reflective glass facade and river view.
The European Court of Human Rights in Strasbourg, which has issued rulings that some governments have challenged as overreach Photo by Sebastian P on Pexels
1. Hirst v. UK (2005) ââ¬' 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) ââ¬' 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) ââ¬' 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) ââ¬' 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 ââ¬' '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).

  • Butâ⬦ 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 rulingsââ¬'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.

Also about: human rights public accountability

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