Opis
Interestingly enough, movements targeting fundamental rights increasingly resort
to instruments and remedies designed to protect such right (we shall refer to these
as the “rights-based” instruments). Thus, they institute strategic lawsuits (i.e., an
instrument developed in the US tradition in order to change or modify controlling
constitutional interpretations and consequently improve protection of civic rights)
aimed at overturning long-developed constitutional standards protecting basic
rights, or they manipulate societies (through spreading fake news or campaigning against “degenerate elites” and their “rotten morals”) in order to change existing legislations, or they infiltrate international human rights bodies, institutions and organisations1. To cut the long story short, anti-rights movements and institutions abuse democratic (rights-based) mechanisms for anti-democratic purposes: they wear costumes of rights’ defenders in order to destroy fundamental rights.
In responding to this challenge democratic actors and institutions must carefully balance, on one hand, the need to actively (“militantly”) protect human rights and the instruments which can be employed for that purpose, and, on the other hand, the necessity of avoiding abuses and shortcomings which may occur.
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