European court of human rights

Is the future of democracy in the balance?

At the turn of the century, the ineluctable march of democracy seemed assured. The Cold War extinguished and eastern Europe freed, a Whiggish history of the world continued to be written. A quarter of a century on, the great wave has broken and rolled back. Democracy is not what it was in Chile, Peru, Venezuela, Brazil, Hungary, Egypt, Turkey, Russia and Afghanistan. It has not emerged in China. The future looks less democratic than the past. Such concerns bother the big brain of the former Supreme Court judge and medieval historian Jonathan Sumption in his latest brilliant collection of essays. One might reasonably expect him, as one of the great

The alarming human rights ruling on freedom of speech

‘You can’t libel the dead’ is burned into the consciousness of any serious journalist or writer. It provides much-needed comfort: however tactful you have to be about the living, once someone has died you can say what you like about them without getting sued. Or can you? Seven years ago the European Court of Human Rights dropped a worrying throwaway remark that this might be unacceptable because allowing untrammelled comment about a deceased person might infringe the human rights of his family. Last week, in a disconcerting decision that seems to have gone entirely unreported in the media (you can read the official report here), that same court built on