ECtHR jurisprudence on the role of civil society in promoting human rights

Abstract

Civil society is recognised by the ECtHR as an actor of democratic control (“public watchdog”), alongside the press. Traditionally, the Court has developed the concept of public watchdog in its case law on the press. Subsequently, the Court has extended this logic to NGOs, activists and civil society organisations, when they contribute to the public debate or to the monitoring of the authorities. Civil society is not only protected as an individual holder of freedom of expression, but as an institutional actor of democracy. The monitoring and criticism of the authorities carried out by civil society benefits from a higher level of protection in the “necessary in a democratic society” analysis. The European Court tends to apply a stricter standard of control over state interference. Restrictions on the activity of civil society may affect the functioning of the democratic debate and, for this reason, are examined by the ECtHR with particular attention. The European Court explicitly states that NGOs can fulfil a similar function to the press in the public debate. Therefore, the European court recognizes that civil society organizations participate in the democratic debate on matters of general interest.