Strasbourg in the Age of Subsidiarity: Enough Reform to Accommodate Conservative Concerns? Brian Chang

He then acknowledged that human rights are multifaceted and multidimensional, drawing a distinction between what we consider to be absolute human rights such as the prohibition of torture, which Parliaments may never abrogate, and human rights that allow for restrictions in the interest of public policy considerations. It was with regards to this latter set of rights that he stated the necessity of democratic engagement with the scope and content of the rights.

UK Human Rights Blog

Judge_Robert_SpanoOn 7th September 2015, Judge Robert Spano (of the European Court of Human Rights) spoke at a high-level international conference on “The Role of Parliaments in the Realisation and Protection of the Rule of Law and Human Rights”, organised by Murray Hunt, Legal Adviser to Parliament’s Joint Committee on Human Rights. This was his second public intervention in the United Kingdom since his seminal speech on “Universality or Diversity of Human Rights: Strasbourg in the Age of Subsidiarity” delivered at Oxford in 2014, the first having been covered by UK Human Rights Blog here, and built upon his earlier speeches by elaborating on four post-Brighton Declaration cases in which the Grand Chamber of the European Court of Human Rights (the European Court) applied the principle of subsidiarity to find no violation of human rights, considering that the cases fell within the national margin of appreciation, after…

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