Episode twelve: The optimist says the bottle is half-empty
You may wonder why I keep stressing the weaknesses of the Strasbourg case law rather than choosing to focus on its strengths.
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In a nutshell, this is because I want a strong European Court of Human Rights, a court that is not shy in protecting human rights.
If the weaknesses that affect the Strasbourg case law are ignored, it’s as if we had already given up on the idea of setting up a strong human rights agenda in Europe.
Strategically this is not even useful as it makes it difficult to refute attacks on the Court by those who, coming from the opposite end, say that the Court is dispensing far too many rights.
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