Human rights are being eroded around the world – and not only in authoritarian states. Nor are they set in stone in democracies like Switzerland. They cannot be upheld in the absence of effective safeguards. Twenty authors from academia or a professional practice background have contributed to a new book that hits where it hurts, addressing themes such as inadequate protection against discrimination, the controversial use of detention in asylum proceedings, and the fundamental rights of vulnerable groups.
Pertinently, the book contains a chapter on AI, algorithms and the digital transformation. When it comes to protecting democracy and fundamental rights, “we should not rely on the good will of big tech,” writes Angela Müller, who is Executive Director of the non-governmental organisation AlgorithmWatch CH. Statutory guard rails are needed to ensure responsible use of AI. Lawyer and ETH researcher Jakob Merane believes that technology also offers opportunities in areas such as consumer rights, where AI-powered programs make it easier to identify online data privacy violations.
The book also deals with the institutional implementation of human rights. Unlike most countries, Switzerland has no constitutional court to monitor human rights compliance. This is why the decisions of the European Court of Human Rights (ECtHR) in Strasbourg take on special importance, says professor of international law Helen Keller, citing press freedom as an example. Keller was an ECtHR judge from 2011 to 2020. The ECtHR has criticised Switzerland more than once in recent years for prosecuting journalists who, for instance, refused to divulge their sources or used hidden cameras to expose dubious sales practices.
The authors express concern that the ECtHR, which safeguards human rights standards in Europe, is coming under increased pressure. One example is the controversy surrounding implementation of the ECtHR ruling in favour of a group of older Swiss women who took Switzerland to court (see “Swiss Review” 6/2023 and 4/2024).
This clearly presented, easy-to-understand book is not only a wake-up call but a source of ideas. It envisions Switzerland as a country that takes the lead on human rights and bolsters the standing of international institutions.
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