Debate according to “ZiB 2” – Human Rights Treaty: can Kickl change this?

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FPÖ leader Herbert Kickl caused irritation again in his interview on ORF’s “ZiB 2”. Because Kickl openly questioned the European Convention on Human Rights. However, one thing is clear: a change to the international agreement is absolutely unrealistic; the only possible option would be termination.

Laws can be changed. The FPÖ argues this time and time again when it comes to what the state is legally allowed to do and what it is not allowed to do when it comes to asylum and migration. But can the European Convention on Human Rights simply be changed? In theory yes, in practice no.

All 46 signatories would have to agree
The ECHR for the protection of human rights and fundamental freedoms is an international treaty between the members of the Council of Europe. For this to change, all 46 signatories would first have to agree and then have the changes confirmed by parliament, in accordance with the respective provisions in each individual country. “This option is quite excluded,” says European legal expert Walter Obwexer.

Termination of the ECHR would mean the end of fundamental rights
Another option would be to withdraw from the treaty, as happened with Russia after the attack on Ukraine. But that would also mean the end of membership of the Council of Europe, explains international law expert Manfred Nowak.

For Austria, withdrawing from the ECHR would also mean the sudden loss of almost all fundamental rights. In Austria, the ECHR has constitutional status because, unlike Germany or Italy, we do not have our own catalog of fundamental rights in the constitution, Obwexer explains.

Withdrawal of citizenship is hardly possible
The debate was sparked by the appearance of FPÖ leader Herbert Kickl on “ZIB 2”. It was also about the loss of citizenship for migrants who are no longer wanted in the country. According to the current legal situation, the revocation of citizenship is only possible under special conditions. To change that, the citizenship law would have to be amended.

Source: Krone

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