Ireland’s Judge Warns European Court of Human Rights Faces Urgent Challenges

UPDATE: The durability of the European Court of Human Rights is under a significant threat, according to Judge Úna Ní Raifeartaigh, Ireland’s representative on the court. Speaking at the Law Reform Commission’s 50th anniversary event in Dublin, she emphasized that the court now faces a “serious test” amid escalating global political turmoil and the risk of bad faith actors undermining its authority.

Judge Ní Raifeartaigh stated that the court is fundamentally a protector of the rights of individuals rather than governments, serving the 46 member states of the Council of Europe. “The challenges we face are profound,” she warned, citing the “ill-treatment” of citizens across Europe that inspired the establishment of the European Convention on Human Rights.

The judge highlighted a particularly urgent case she will address next week involving the tragic drowning of 29 people off the coast of Greece. She described the harrowing stories she encounters as “chilling,” underscoring the vital role the court plays for those enduring torture, arbitrary detention, and violations of basic freedoms. “For many, the court remains a beacon of light,” she asserted, amidst concerns that human rights may be perceived as “soft law” in Ireland.

Judge Ní Raifeartaigh, who was appointed to the court last year, pointed out the critical need for support from member states like Ireland to ensure the court’s function in a chaotic European landscape. She noted that while the court has limited enforcement power, it serves as a crucial record of human rights abuses, offering hope to those who have suffered.

During her address, she also reflected on significant cases that have influenced Irish law, including the landmark case of Josie Airey, which led to the provision of free legal aid in Ireland. Other dignitaries at the event included Chief Justice Donal O’Donnell and Attorney General Rossa Fanning, who emphasized the importance of adapting the commission’s work to modern legal challenges.

Judge Ní Raifeartaigh cautioned that the court is burdened with approximately 60,000 outstanding cases, each increasingly complex. She acknowledged the diverse legal backgrounds of judges and the difficulties in crafting judgments that resonate across multiple legal cultures.

As Europe grapples with rising conflicts, the future of human rights protections hangs in the balance. Judge Ní Raifeartaigh called for solidarity among member nations, urging them to recognize the shared responsibility in upholding the rights of all citizens. “By supporting the court, we not only protect our own rights but stand in solidarity with those in countries where such luxuries are not afforded,” she stated.

This urgent message signals a critical moment for the European Court of Human Rights as it navigates the challenges of modern governance and the ongoing fight for human dignity across Europe. As developments unfold, the call to action for member states to bolster support for the court has never been more pressing.