Democracy and Rights: Robert Spano’s Defense Against Majoritarian Rule

The delicate balance between Democracy and Rights is a cornerstone of modern liberal societies. While democracy thrives on the will of the majority, fundamental rights act as a crucial safeguard, protecting individuals and minorities from potential overreach by that same majority. Robert Spano, as former President of the European Court of Human Rights (ECtHR), has been a prominent voice in articulating this vital tension and defending the indivisibility of these two pillars.

Spano consistently emphasized that Democracy and Rights are mutually reinforcing. True democracy is not merely about counting votes; it must also ensure that the rights of all citizens, including those in the minority, are respected and protected. Without robust rights, a democracy can devolve into a “tyranny of the majority,” where fundamental freedoms are suppressed in the name of popular will.

His jurisprudence and public statements often underscored the ECtHR’s role in upholding this balance. The Court serves as a crucial check, intervening when national majorities infringe upon the human rights enshrined in the European Convention on Human Rights. This judicial oversight ensures that popular decisions do not erode the foundational principles of individual liberty and dignity.

Spano’s defense against majoritarian rule highlighted the concept of “democratic deliberation,” where decisions are made through reasoned debate and respect for diverse viewpoints, rather than simply raw numerical power. This involves active protection of freedom of expression, assembly, and association, allowing all voices to be heard and considered, strengthening the quality of Democracy.

He often pointed out that the protection of minority rights is not an impediment to democracy but a vital component of its health. When minorities feel secure and their rights are guaranteed, they are more likely to participate fully in the democratic process, leading to a more inclusive and resilient society, showcasing the true strength of Democracy.

The ongoing challenges to liberal democracies worldwide, including the rise of populism and the erosion of democratic norms, made Spano’s message particularly timely.