Misdiagnosing the Human Rights Malaise: Possible Lessons from the Danish Chairmanship of the Council of Europe

Jacques Hartmann (Lead / Corresponding author)

Research output: Chapter in Book/Report/Conference proceedingChapter (peer-reviewed)

Abstract

Contemporary populism is antagonistic towards human rights. As a result, the challenges now facing the human rights movement are fundamentally different from those of the past. Yet, proposed remedies to this malaise often seem ill-conceived. Populists tend to claim that the institutions charged with the protection of fundamental rights not only limit the capacity of the people to exercise their rightful power but are also the source of a growing discontent with the system itself. This narrative is often uncritically accepted and leads to suggestions that human rights must be fundamentally reformed. Although intuitively appealing, such suggestions commonly lack support from empirical evidence. In addition, much of the debate seemingly starts from the premise that the public is fully informed. Using Denmark as a case study, this Note shows that existing assumptions may be questioned. It further suggests that it may be dangerous to propose a cure before the malaise has been properly diagnosed.
Original languageEnglish
Title of host publicationThe Global Community Yearbook of International Law and Jurisprudence 2018
EditorsGuiliana Ziccardi Capaldo
Place of PublicationNew York
PublisherOxford University Press
Chapter8
Pages153-163
Number of pages11
ISBN (Electronic)9780190072520
ISBN (Print)9780190072506
DOIs
Publication statusPublished - 2019

Publication series

NameThe Global Community Yearbook of International Law and Jurisprudence
PublisherOxford University Press
Volume2018
ISSN (Print)1535-9468

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Keywords

  • Council of Europe chairmanship
  • Danish Supreme Court
  • ECtHR
  • human rights malaise
  • popular backlash

Cite this

Hartmann, J. (2019). Misdiagnosing the Human Rights Malaise: Possible Lessons from the Danish Chairmanship of the Council of Europe. In G. Z. Capaldo (Ed.), The Global Community Yearbook of International Law and Jurisprudence 2018 (pp. 153-163). (The Global Community Yearbook of International Law and Jurisprudence; Vol. 2018). Oxford University Press. https://doi.org/10.1093/oso/9780190072506.003.0006