Why Attacks on Civic Space Matter in Strasbourg: The European Convention on Human Rights, Civil Society and Civic Space

Abstract

This article explores the role of the European Convention on Human Rights in addressing the issue of attacks on civic space, but also the potential effects of shrinking civic space on Strasbourg’s work. First, an overview of the notions of civil society and civic space is given, linking these concepts to democracy and human rights. Subsequently, the formal and informal roles for civil society in the judicial decision-making are discussed. Finally, the substantive protection offered to civil society and civic space under the ECHR and the case-law of the European Court of Human Rights is analysed. This article argues that the differentiations in theory on the varying contributions of civil society to democracy and human rights are to a large extent reflected in Strasbourg jurisprudence. Even more importantly, the ECHR system and civil society benefit from each other. This is why the current attacks on civic space are not just a problem for civil society itself, but also for the work of the European Court: it is submitted that a shrinking of civic space can also negatively affect the Strasbourg system, as the two are intertwined to a considerable extent.<p><strong>Received</strong>: 06 July 2019<br /><strong>Accepted</strong>: 10 October 2019<br /><strong>Published online</strong>: 20 December 2019</p>

The Implications of Closing Civic Space for Hunger and Poverty in the Global South

“…The phenomenon of ‘closing civic space’ has taken the form of legal frameworks and regulations to limit the operational freedoms of civil society actors; intimidation, criminalization, and surveillance; official discourses that delegitimize and undermine civil society and social movements; and other formal and informal restrictions on civil society actors that reduce their effectiveness or legitimacy (Brechenmacher, 2017; Buyse, 2018; Dupuy et al., 2015). The impact of ‘shrinking civic space’ on the work of human rights and democracy advocates has been extensively assessed and measured (see, for instance, Brechenmacher, 2017; Buyse, 2019). But while civic space has become a matter of grave concern in developing countries and for international aid donors, there has to date been little analysis of the implications for development outcomes (Hossain et al., 2019).…”