11-03-2025

European conscience: 75 years of the European Convention on Human Rights and German membership of the Council of Europe

The right to life, liberty, security, freedom of expression and property, as well as freedom from torture, violence and discrimination – these are all central human rights that we often take for granted today. But the European Convention on Human Rights (ECHR), which guarantees these and other fundamental rights, will only be 75 years old on November 4. It is inextricably linked to the Council of Europe, which was intended to accompany Europe into a new era of peaceful coexistence after the Second World War. Germany has two reasons to celebrate this year: The Federal Republic of Germany has been a member to the Council of Europe for 75 years and the ECHR has been the anchor of the European human rights system for just as long. Dr. Andreas N. Ludwig, research associate at the Chair of International Relations at the KU and a specialist in German European policy and European integration, sheds light on the background and history in this interview.

Why was the European Convention on Human Rights such a milestone when it was signed in 1950?

LUDWIG: What is important here is the background of the events of the first half of the 20th century with two world wars, genocides, etc. After the Second World War, at least the Western European states and societies agreed that a new way of coexistence was needed. The entire construct should be based on the fundamental values of democracy, human rights and the rule of law. As a result, the Council of Europe was founded in 1949 as the political umbrella organization for Europe's unification and guardian of this community of values. The signing of the ECHR in Rome at the beginning of November 1950 was a key milestone, as it was the first major international treaty of this new European organization. There are now over 200 such Council of Europe treaties and conventions that have created a common legal area across Europe. Firstly, the ECHR was the starting signal for this great cooperation. Secondly, unlike the United Nations Universal Declaration of Human Rights, which was adopted in 1948, the ECHR is a binding treaty under international law. Today, it applies to all 46 member states of the Council of Europe and forms the core of the European community of values. Thirdly, a court was established on the basis of this convention to monitor compliance with the contents of the treaty and to be the decisive authority for the binding supranational guarantee of our individual human rights in Europe. Konrad Adenauer therefore rightly called the Council of Europe and its human rights protection system the "European conscience". Its system of protection is internationally unique and makes the ECHR a milestone in European history.

What is the significance of the European Court of Human Rights (ECtHR), especially with regard to current challenges such as migration or digital fundamental rights?

LUDWIG: The case law of the European Court of Human Rights concerns all political rights covered by the ECHR. Its prominent role today is closely linked to the possibility of individual complaints: Every individual has the right to lodge a complaint in Strasbourg if their fundamental rights have been violated and legal recourse in the respective state has been exhausted. The judgments handed down by the Court are binding under international law and are directly applicable. They do not first have to be recognized by the respective states, as is the case with other international court rulings.

In addition, the ECtHR is continuously developing fundamental and human rights in Europe with its judgments in order to guarantee contemporary human rights protection and thus keep the European community of values relevant for the people. However, this is a point that not everyone always likes. Let’s take the example of migration: In recent months, a number of governments, led by Denmark and Italy, have criticized the case law of the ECtHR in deportation cases. The Secretary General of the Council of Europe, Alain Berset, defended himself against this criticism and, in my view, rightly emphasized that this conflict should not be politicized – as an institution that protects fundamental rights, the ECtHR cannot bow to political cycles. This would undermine the protection of human rights in Europe – the central lesson from our past. If there is a need for discussion, the stakeholders must drive this forward in dialog within the Council of Europe system. Digital fundamental rights are one area where this has worked well recently. Last year, after a lengthy process, the Council of Europe launched a groundbreaking framework convention on the relationship between AI, human rights, democracy and the rule of law – the first international treaty in this field.

Germany joined the Council of Europe as an associate member on July 13, 1950. What role did the Council of Europe play in Germany's political reintegration?

LUDWIG: A major role. The two-stage admission process was the first huge step in the European integration of the Federal Republic of Germany. It symbolically and actually meant the return of Western Germany to the European family, as the Council of Europe has always seen itself. The Federal Republic benefited from the conviction of leading decision-makers such as Winston Churchill that a new coexistence in Europe was only possible with the new Germany, especially in view of the Cold War. Understandably, there were also many reservations about the Germans barely five years after the end of the war. The fact that Germany was part of the Council of Europe's first wave of extension together with Iceland, Greece and Turkey was therefore a great leap of faith.

For the Federal Republic of Germany, membership in the Council of Europe meant a commitment to the fundamental values of democracy, human rights and the rule of law. After the years of National Socialism, this was crucial internally, for the democratization of the Germans, which was far from complete at that time, but was at best underway. The Federal Republic's commitment to the new Europe was also an important signal in terms of foreign policy and a major early success for Chancellor Adenauer. The founding of the state was barely a year ago and one of its central goals was to gain trust in foreign policy and become an equal partner at eye level again. This happened for the first time when the country joined the Council of Europe.

Compared to the EU or NATO, however, the Council of Europe is a rather little-known international organization. What distinguishes the Council of Europe from other organizations?

LUDWIG: Today, we have a large number of European integration organizations beyond the EU and the Council of Europe. Depending on the count, there are almost 30. What is the difference? From the outset, the Council of Europe was the "greater Europe", especially in comparison to the predecessors of today's EU. This applies both in terms of content – according to its statutes, the Council of Europe theoretically deals with all aspects of European unification apart from defense – and in terms of its composition. Today, the Council of Europe has 46 member states with a total of almost 700 million people. All European countries, with a few exceptions, are members: Russia was excluded due to its war of aggression against Ukraine, Belarus was never a member, and Kosovo is a special case. However, all the others are part of the pan-European organization – so unlike with the EU, (almost) all of Europe really does come together here.

A second important point: Unlike the predecessor organizations of the EU or NATO, the Council of Europe does not originate from a government initiative, but from the European civil society movement. This is why the Council of Europe still sees itself today as an organization for the people of Europe. This also becomes evident in the development of the Council of Europe: Since the 1950s, the Council of Europe has gradually involved more and more actors, from municipalities and regions, i.e. sub-state actors, to NGOs – all of this is now institutionally reflected in the Council of Europe system and creates an inclusive Europe at all levels.

As already mentioned, the Council of Europe was intended to create an umbrella organization for European unification in the late 1940s. To a certain extent, this still applies today, but with a clear focus on democracy, human rights and the rule of law as the foundation of coexistence in Europe. This is where the Council of Europe differs from all other organizations: It is doing the groundwork for the European project. Figuratively speaking, the Council of Europe is the basic package of European unification, while the EU and all other organizations are additional packages of varying scope that you can book as a European state.

A turning point in the recent past was the aforementioned exclusion of Russia in 2022. How do you classify this within the history and value system of the Council of Europe?

LUDWIG: The Council of Europe has followed a pan-European logic from the outset: As many Europeans as possible should become part of European unification and a community of values. Accordingly, after the fall of communism, the idea of including the Russian Federation was logical and its inclusion in 1996 was a great success. However, this came at a price. There were already considerable problems during the accession process and even more appeared afterwards. Nevertheless, the Council of Europe has held on to the Russian membership for a long time, some say too long. The hope was always that increasing integration into the Council of Europe would increasingly strengthen democracy, human rights and the rule of law in Russia. The main focus was on Russian civil society, which was definitely the main beneficiary of this membership. The aim was to keep Russia on a European course through membership. However, the war of aggression in 2022 crossed an absolute red line. There are two such red flags: War of aggression and reintroduction of the death penalty. Crossing one of these lines compromises the credibility of the Council of Europe – and that is exactly what has happened here. Excluding Russia was therefore unavoidable.

Together with Prof. Dr. Birte Wassenberg from the University of Strasbourg, you are publishing a book on the Council of Europe in December. What would you like to convey to the public in particular in times of European crises and Eurosceptic voices?

LUDWIG: The important and central role of the Council of Europe for the Federal Republic of Germany and for all of us, the people living in Germany, regardless of origin. We want to help open up perspectives: Europe is more than the EU. The Council of Europe is primarily responsible by treaty for the foundations of European unification, for democracy, human rights and the rule of law in Europe. Our book therefore aims to raise awareness and knowledge about the Council of Europe and its central role for the people. In our view, this is an important building block for the success of the European project, from which the Germans in particular have benefited so massively over the last eight decades.

Reference:

The book by Andreas N. Ludwig and Birte Wassenberg, Deutschland im Europarat: Ein Überblick (Germany in the Council of Europe: An Overview), will be published in December by Springer VS and can be pre-ordered here.

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