Putting a price on human rights? A policy-based approach for the protection of human rights in Europe

Abstract

Ongoing political uncertainty in Europe, as a result of, inter alia, Brexit, the rise of populism and nationalism, places the fundamental principles of democracy, rule of law and human rights under threat across the entire continent. The European Commission, in seeing certain EU Member States adopting national policies that severely compromise the state of the rule of law within the Union and in an effort to compel them to honour their international legal obligations, has recently proposed to make access to EU funds conditional on the respect for the rule of law. In critically analyzing this proposal, this paper presents a series of skepticisms on the wider human rights situation within Europe. Particularly, the paper questions whether the current juridical paradigm for human rights protection has been proven ineffective, whether alternative methods of protection are needed and whether funds could promote the rule of law and human rights in Europe. The paper concludes by suggesting that a paradigm shift, from a rights-based to a policy-based system, which includes diplomatic and economic incentives, could be an effective and appropriate response to the rule of law backsliding in the EU and a plausible alternative for the protection of human rights across Europe.