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ECHR twisted logic: You can insult Christian but not Muslim religion

Laughland, John
http://www.rt.com/op-ed/442960-rights-court-muslim-christian/

Date Written:  02/11/2018
Year Published:  2018  
Resource Type:  Article

Two recent rulings by the European Court of Human Rights (ECHR) demonstrate not only that it's a political and hypocritical organization. They also show the severe structural defects of human rights law in general.

Abstract: 
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Excerpt:

These gross inconsistencies show the structural defects of human rights law. The European Convention on Human Rights is a series of generalized statements about what sort of rights people should enjoy. Because they are necessarily general statements, these "rights" only become law after a ruling by a judge in a particular case. Because the judge has only these general statements to go on, and not a specific legislative act, he or she can more or less decide the case according to his or her personal opinion. It is in the very nature of such "human rights" courts that they give grossly excessive power to judges.

In proper legal systems, the law consists of detailed national legislation and specific rulings (jurisprudence). The role of the judge is to apply the law as it is: he or she has no room for personal maneuver. By contrast, in human rights courts, as in the Supreme Court of the United States, it is effectively judges who make the law. This is a very bad state of affairs because it turns courts into political instruments and judges into politicians, as we see every time there is a new appointment to the US Supreme Court.

The situation in Strasbourg is worse than in the US because a large majority of the judges at the ECHR had never been judges before. They may have a law degree but they have usually never sat on a bench before going to Strasbourg. Very often, they have been government employees. This means that they come to the job without the very specific training and experience which all judges should have. Instead, they often approach their job with a political agenda.
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