07 February 2018

A showdown with human rights? - Madsen in Politiken

Photo: Ditte Valente

Mikael Rask Madsen has voiced his opinion to Politiken in connection with the forthcoming Copenhagen Declaration.

Mikael Rask Madsen says in Politiken, that the government, despite the still very critical rhetoric of politicians, with the Copenhagen Declaration do not intend to revolutionize human rights or anything of the sorts. The Copenhagen Declaration will, with its content, make changes to the human rights convention and the court, but there is no such fundamental showdown, Madsen said.

The Courts has often been accused of going too far in its interpretation and offering protection to people not deserving of it. This is, according to Madsen, hardly going to change radically with the Copenhagen Declaration. The declaration is more so accepting of the way of interpreting, and the Copenhagen Declaration intend to build on this. The Copenhagen Declaration do however try to address the main criticisms, and for this, it must be praised.

The Copenhagen Declaration does not therefore lead to massive changes in relation to the broad interpretation used by the Court, but this makes the declaration realistic, and it must not be overlooked that it is ambitious due to the fact that major criticisms are attempted handled, Madsen believes.

Mikael Rask Madsen is Center Director and Professor at the Faculty of Law, University of Copenhagen, Centre of Excellence for International Courts (iCourts). Mikael Rask Madsen’s research is focused on globalization and the role of legal institutions and professionals in these processes, including international courts and their evolutions and challenges, the role of legal elites in the globalization, the development of the legal profession and legal knowledge and power.