Pau Hernández del Águila (Dublin City University)

On 30 October 2025, the Dublin European Law Institute (DELI) and Dublin City University (DCU) hosted the event titled "The Age of Backlash: The European Convention on Human Rights and the New Political Reality". This event marked the launch of the Agora Group, a new platform for open discussion on the European Convention on Human Rights (ECHR). The discussion was moderated by Dr Andrew Forde.

Professor Derek Hand, Executive Dean of the Faculty of Humanities and Social Sciences at DCU, provided the introductory remarks. He set the stage by highlighting that many contemporary issues, from defence and security to migration, housing and access to public services, are amplifying political divisions. In this tense landscape, Professor Hand noted that "the ECHR has become a ground zero for those questions".

The first speaker, Senator Adam Bodnar of Poland, who previously served as Minister of Justice and Attorney General, described the "difficult times for human rights protection", stating that the "ECHR is a victim of several attacks". He emphasised the Convention's special value for Poland after the fall of communism. While recent government decisions signal political support for the ECHR system, he warned that "something wrong and dangerous is still going on", particularly concerning migration and the need for protection from authoritarianism. Senator Bodnar concluded with the powerful assertion that the "ECHR is part of the European identity that unites us all".

Professor Alice Donald from Middlesex University offered reflections on the situation in the United Kingdom. She pointed to a "full frontal attack" on international law, not just the ECHR. She noted the stark political reality, stating, "the Reform UK party, led by Nigel Farage, currently leading in the polls, says that withdrawal from the ECHR would be a day one priority for any government led by them". Professor Donald expressed concern that other parties might adopt similar ideas and highlighted the severe impact such a move would have on refugees, asylum seekers, and mass deportations. Critically, she warned that the consequences "would manifest most dramatically and dangerously in Northern Ireland, with the destabilisation of the Good Friday Agreement". She ended by calling for "an intergovernmental dialogue" through established channels to address the situation.

Providing a Danish perspective, Professor Mikael Madsen of the University of Copenhagen explained that while migration is a major issue and the social democrat party is accused of nationalism (which for him is not something new), this critique "collides with the ECHR". He noted that Denmark appointed a "Convention Ambassador" to critically review international conventions following pressure from right-wing parties. However, this critique of the ECHR is not part of a general anti-EU movement or a push to leave the Convention. Instead, the desire is for reform, particularly concerning migration, especially the expulsion of those they term "foreign criminals".

After this, Professor Veronica Fikfak of University College London and the University of Copenhagen framed the challenge in three points. First, she noted we are in a "particularly sensitive moment" where the debate about leaving the ECHR is now mainstream, with about 20 Council of Europe member states favouring reform. Second, she raised the question "how to reform?", with the assumption that reform is the necessary solution, pointing out that other international conventions also limit states' aims, meaning ECHR reform might not "fix the problem". Third, she described this as a "very dangerous moment because of the slippery slope we’re facing". Professor Fikfak outlined three realistic options: a declaration, a subsequent agreement, or withdrawal, and warned they are not mutually exclusive. A hypothetical agreement to reduce human rights protection across Europe would likely fail to get unanimous agreement from all 46 member states, which could, in turn, prompt some states to pursue withdrawal.

Finally, Professor Colin Harvey from Queen's University Belfast directly addressed the risks to Northern Ireland if the UK were to leave the ECHR. He affirmed that the region had a "relatively successful peace process" and emphasised that this stability is intrinsically linked to the Convention. "The ECHR is hardwired into our peace process, and it was hardwired long before the agreement in 1998," he stated. Professor Harvey concluded that the ECHR is an essential ingredient for stability and the peace process, and it is a democratic safeguard.

The event provided a comprehensive and timely analysis of the multifaceted pressures facing the European Convention on Human Rights, marking a sober but essential beginning to the work of the Agora Group.

Watch back the full event on our YouTube.