National Council in favor of remaining in the Human Rights Convention
Published: Tuesday, Sep 24th 2024, 10:10
Zurück zu Live Feed
The National Council does not want to denounce the European Convention on Human Rights. On Tuesday, it rejected a corresponding SVP parliamentary group motion.
The large chamber reached its decision by 121 votes to 65 with one abstention. Only one vote in favor came from outside the SVP parliamentary group.
The background to the special debate was the ruling of the European Court of Human Rights in the case of the climate seniors last spring. The Strasbourg court ruled that Switzerland had failed to meet its human rights obligations with regard to climate protection.
"Democracy undermined"
Specifically, the SVP called for the European Convention on Human Rights (ECHR) to be terminated at the earliest possible date. "If you start letting courts decide on political maxims, you are undermining democracy," it wrote in the motion's explanatory statement.
The Strasbourg judges were constantly deriving new claims from the Convention on Human Rights instead of concentrating on protecting citizens from encroachments by the state. In doing so, the court is creating obligations to which the contracting states have not committed themselves and is violating their sovereignty.
In the summer session, both councils criticized the climate ruling in declarations with similar arguments. However, a dismissal went too far for a majority in the National Council.
Michael Graber (SVP) did not question the merits of the Convention in the past. However, he accused the Strasbourg judges of playing politics today. The climate ruling was a mockery of those who were actually affected by torture. "Our democracy is not based on the whims of foreign judges." Moreover, fundamental rights are already guaranteed in the Federal Constitution.
Criticism from Amnesty
The other groups did not vote. Nevertheless, something like a debate developed. Members of the Council put a whole series of interposed questions to Graber and Justice Minister Beat Jans.
Christian Dandrès (SP/GE) pointed out to Graber that so far only one country had voluntarily withdrawn from the convention. Greece had withdrawn from the Council of Europe in 1969 - during the period of military dictatorship.
The human rights organization Amnesty International had already voiced criticism in the run-up to the debate. Switzerland was sending a dangerous signal to countries such as Russia, Turkey and Hungary, which were already attacking the common protection of human rights head-on.
The Federal Council recalled that various once controversial rulings by the Strasbourg Court over the past five decades had helped to bring about improvements to the rule of law that are now undisputed and had strengthened the protection of fundamental freedoms in Switzerland. Moreover, Switzerland has not often been condemned by the Human Rights Court in Strasbourg.
The national government emphasized that it takes the criticism of the Court's case law seriously. However, it warned that denouncing the Human Rights Convention would have serious disadvantages for Switzerland's political credibility and reputation at international level. This is because a denunciation would lead to Switzerland's withdrawal from the Council of Europe and to Switzerland's isolation in terms of foreign policy.
"On a par with Russia"
"Switzerland would effectively be putting itself on the same level as Russia and Belarus," said Justice Minister Beat Jans. The democratic countries defended the ECHR. The possibility of referring judgments to Strasbourg would strengthen the population's trust in the rule of law.
The Federal Council had already stated in August that case law should not lead to an extension of the scope of the ECHR. In particular, it rejected an extension of the right of appeal to climate issues in its statement.
The SVP's call for the termination of the ECHR is not off the table. A motion of the same name by Jakob Stark, a member of the Council of States from Thurgau, is on the agenda of the Council of States on Wednesday. As part of a special debate, the small chamber will also have to decide on other motions on the subject. A motion from the ranks of the FDP wants the court to focus on its core task. The Federal Council recommends that this motion be adopted and has declared its willingness to work towards this goal together with other states. The SP, on the other hand, wants a postulate to clarify the consequences of the climate ruling for Switzerland.
©Keystone/SDA
German 
English 
French 
Spanish 
Arabic