In any democracy the above questions are relevant to the way in which human rights are applied and supported by society. However, this is especially true in Switzerland, a country with a system of direct democracy where international protection of human rights is often criticised with reference to the “will of the people”. Tensions between democracy (or direct democracy) and human rights are thus experienced particularly keenly in Switzerland. Notably, when a historic international court ruling is handed down relating to Switzerland, it becomes apparent that there are differing understandings of democracy and human rights and how they relate to one another. The question of whether one is the goal and the other is merely the means to this end is very pertinent in Switzerland.  

No human rights without democracy  

Closely connected to this question is the observation that democracy as a system of government is under pressure across the world. This is also a major problem for human rights because, however tense the relationship between human rights and democracy may be, it is only in a democratic environment that human rights can flourish. 

A topic for the SHRI 

One of the SHRI’s central tasks is to work for social consensus in Switzerland on democracy and on human rights. This social consensus is not a given, it’s something that must be constantly maintained and nurtured. Human rights and democracy can only continue to exist if they are supported by broad social consensus. In Switzerland this consensus is very dependent on the relationship established by society between human rights and democracy. 

It is therefore a priority topic that must place exchange and mutual understanding at the forefront. The SHRI can play an important role in communicating the value of international human rights protection, not least as a factor in maintaining democracy.  

The relationship between politics and legislation  

The topic of democracy and human rights also includes the role in society of courts and their relationship with political bodies. This is particularly relevant to the question of constitutional jurisdiction, that is whether and how courts may refuse to apply democratically established norms which violate fundamental rights enshrined in the constitution.  

Then there is the question of who is allowed to participate in democracy, meaning who has political rights and who is excluded from them (for instance on grounds of disability, age or background). This goes to the heart of the relationship between human rights and democracy.  

The space needed for democracy  

One topic the SHRI addresses in depth is how fundamental communications rights, such as freedom of opinion and freedom of association, must be protected so that democratic debate can thrive within society. Many of these rights have recently come under severe pressure, either due to security considerations or because of society strongly rejecting opinions that depend on having public space in order to be heard.  

In this context, the SHRI investigates the conditions under which the restriction of public space for public debate is offset by legitimate interests and where such restrictions lead to the exclusion of voices that are particularly marginal or unpopular. When this happens, it is to the detriment not only of human rights but also of the quality of democracy.