Today, I had the great honor of addressing the Austrian Constitutional Court , where I advocated for understanding fundamental rights explicitly as human rights and interpreting them accordingly in a protective manner.
As I emphasized in my address:
Fundamental rights are not newly created by a democratic majority, but pre-exist the state as human rights. They are innate rights, self-evident through reason, as our Civil Code so beautifully states. Fundamental rights, as human rights, must be fully protected even when their protection may be unpopular and does not align with the majority’s will.
This is why the majority is not always right simply because it is the majority, as Adamovich emphasized. In a constitutional democracy, the principles of democracy, the rule of law, and fundamental rights must stand equally side by side. Upholding these principles is essential to ensuring the long-term integrity of any democracy.
We must be vigilant against the dangers posed by demagogic politics, baseless conspiracy theories, targeted disinformation, and political indifference, which can erode democracy and the rule of law from within.
I am also deeply concerned about attempts to undermine regional human rights courts, which are fundamental pillars of the international human rights architecture and an effective protection system. These courts play a crucial role in protecting our collective humanity.
History reminds us of the grave consequences when human rights are neglected: The Second World War, the Holocaust, and the many other atrocities of that time were an absolute failure for humanity and the most fundamental denial of our collective humanity. They made a business as usual for the continent - and the world - impossible and created space for a global constitutional moment. Such moments urge us to learn from the past to safeguard the future.
In times of war, human rights face heightened risks. As I fulfill my responsibilities, it is crucial for me to independently and impartially address problems on all sides, regardless of how powerful or influential the responsible warring party may be. Upholding human rights during conflict is vital, as no side should be exempt from scrutiny.
Full speech (in German): https://lnkd.in/ebC8yhkx