Human Rights and Political Majorities

A Series of Essays

Tensions between democratic decision-making and human rights promotion have always existed, but have become more pronounced over the past decade. Opposition to the rights of minority groups has become a powerful tool for political mobilization, with anti-human rights political platforms increasingly gaining significant political support. Among many other reasons, the proliferation of individual rights over the past few decades—especially those requiring positive government action, along with the accompanying policy choices necessary to realize such rights— has also contributed to the growing political opposition to human rights. This has been particularly true, when new rights emerged through court decisions, rather than the democratically elected legislative bodies. Courts have increasingly found themselves at the center of political confrontation. And when courts address issues that a significant portion of the public perceives as political, their legitimacy becomes increasingly contested. This is no trivial matter, as no human rights protection system could perform its functions without a strong and trusted judiciary.

In a series of essays, we will trace the development of various rights in Europe over the past thirty years through the lens of the public support they have enjoyed. The essays will focus on how these rights have emerged, the levels of support they have enjoyed, how effectively they were protected, and to what extent they have provoked a political reaction. The overall goal is to draw attention to the dynamics between public opinion, the political process and efforts to promote and protect human rights. A better understanding of these dynamics will help successfully define strategic goals and select tools in the work to protect and promote human rights.