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EMRK: Kaiser Advocates for "Open, Non-Ideological Discussion"

Seit 1950 habe sich die Welt geändert, blickte Kaiser zurück.
Seit 1950 habe sich die Welt geändert, blickte Kaiser zurück. ©APA/GEORG HOCHMUTH
Carinthia's state leader Peter Kaiser has expressed his views on the European Convention on Human Rights in a blog.

The Carinthian governor Peter Kaiser (SPÖ) advocates for an "open, non-ideological discussion" about a "further development" of the European Convention on Human Rights (ECHR). Laws and international agreements are regularly revised and adjusted, Kaiser stated in an entry on his blog. The opinion of the Social Democrats is different, said SPÖ leader Andreas Babler; NEOS chairwoman Beate Meinl-Reisinger finds the initiative good.

Stocker with Initiative

Rule of law also means "adaptability," said Kaiser, although he did not make any specific proposals for changes. Recently, Chancellor Christian Stocker (ÖVP) also caused discussions within the coalition when he demanded changes in the case law of the European Court of Human Rights (ECHR) in the area of migration. This court, among other things, interprets the ECHR. For this initiative, which Kaiser did not specifically refer to in his contribution, Stocker received rejection from NEOS and also the SPÖ. The ECHR is an international treaty, and changes are therefore only possible with the consensus of the contracting states. Furthermore, it holds constitutional status in Austria.

Since 1950 (the year the ECHR was adopted, ed.), the world has changed, Kaiser argues in his blog post, initially cited by the "Kronen Zeitung." "Globalization, digitalization, worldwide wars, and in the future, increased climate-induced migration movements, the strengthening of religious and political radicalization, as well as the increase in terrorist acts of violence, increasingly test the foundations of our peaceful democratic society. The question of whether and in what way the existing regulations of the ECHR effectively apply in these new realities is legitimate."

"Milestone of European Civilization"

The Austrian constitution has been amended more than 100 times since its enactment, Kaiser stated. The EU's General Data Protection Regulation is also a response to a completely changed data world compared to previous decades. "So why should the ECHR, of all things, be subject to an almost sacred, unchangeable status - even though the conditions for its application have changed significantly?"

The protection of individual fundamental rights must "always be reconciled with the security of the entire community," emphasized the Carinthian state leader. In cases of severe violence, radicalization, or terror, it should not appear that democratic constitutional states are pushed into inaction by their own rules. The ECHR is a "milestone of European civilization": "But even milestones occasionally need a stable foundation to avoid breaking under new pressures."

Vice Chancellor Andreas Babler (SPÖ) emphasized before the Council of Ministers on Wednesday once again that Stocker's initiative was not a coordinated action of the government. The opinion of the Social Democrats is different. He had spoken with Kaiser, who had expressed his opinion, said the Vice Chancellor.

"One-Way Street for Asylum Abuse"

Support for Kaiser's initiative came from Tyrol. The former SPÖ state party chairman Georg Dornauer told the online medium "exxpress" that a review of the ECHR was "long overdue," as it had become a "one-way street for asylum abuse."

Foreign Minister and NEOS leader Meinl-Reisinger, on the other hand, said she found the initiative good. "I never understood it, not even from the Federal Chancellor, that he fundamentally questions the Human Rights Convention, but assumes that we want to be able to act." Previously, NEOS club chairman Yannick Shetty had said that better coordination was needed in the future, as it was an action by the Federal Chancellor and not the government.

People would no longer want the "loss of control" and irregular migration "to this extent," said Meinl-Reisinger. The ability of the state and the EU to act must be ensured, but on the basis of the rule of law and human rights. It is good and right to push for a more restrictive legal framework.

Freedom Party Sees "Smoke Screens," Greens "Kowtow"

For FPÖ constitutional spokesman Michael Schilchegger, the current debate is "once again igniting smoke screens," while "the asylum and immigration chaos" continues to push Austria to the brink of capacity. ÖVP and SPÖ have so far demonized the Freedom Party's initiatives for a reinterpretation of the ECHR and are now merely trying to cover up their own failures.

The Greens, in a statement, saw in Kaiser a "strange kowtow to right-wing populist forces." "Anyone who shakes the European Convention on Human Rights is sawing at the supporting pillars of our rule of law," warned National Council member and Carinthian state spokeswoman Olga Voglauer. Especially when authoritarian tendencies are gaining ground in Europe again, the protective framework of the ECHR must be strengthened and defended.

(APA/Red)

This article has been automatically translated, read the original article here.

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