mapuc
05-02-06, 06:32 PM
Just to show how far Dutch tolerance goes: Ayaan Hirsi Ali’s neighbors have sued the Dutch state in order to get her to be removed from the apartment complex in which she is living under police protection. The request was initially rejected, but following an appeal a higher court has now ordered Hirsi Ali to leave her house within four months, I translate:
The court considers in its ruling that the neighbors have been put into a situation that has contributed to them feeling less safe in their own house. That feeling is extended to the communal living spaces of the apartment complex, but also to their own apartments. The court argues that this is a severe violation of one’s private life (as per Article 8 of the European Treaty for Human Rights).
A few things. Firstly, it should be noted that Hirsi Ali is now booted out of her own house by virtue of the European Treaty for Human Rights which does indeed supersede Dutch law. Many cases are adjudicated by referring to this treaty, but given the subject matter here I would say: Euroskeptics, go knock yourselves out.
Secondly, and this is the one that really bothers me, is that somehow Hirsi Ali’s neighbors self-interest runs so deep that they are prepared to use the court system to throw someone whose life is in danger out of her own house. It goes like this: we’re tolerant, we support free speech and a critical attitude, but if it comes too close to our front porch, sorry, we are no longer interested. On the contrary, self-interest is the deciding motivator. True, Hirsi Ali’s flatmates do have a reasonable point in arguing that the Dutch State has an obligation to ensure that their security measures benefit the entire complex. If the State has dropped the ball in that respect, they should be compelled by the courts to correct this, but to put the burden on Hirsi Ali is a very disturbing precedent. Yet, the plaintiffs are quite happy with the ruling:
“We are relieved. We just didn’t feel safe any longer in our own homes. Of course, we consider it to be terrible for Hirsi Ali to have to leave her house. The case was not directed at her personally. The point was that the State should not open us to so much danger”
The State may appeal this ruling, in which case it will go to the Dutch Supreme Court. The potential of a ruling that will favor Hirsi Ali and is able to address the upset neighbors may turn out to become a costly adventure for Dutch authorities as it is not just about one outspoken member of parliament. Beyond a number of politicians there is a growing constituency of writers, artists and cartoonists who may rightfully claim government protection. And in most cases their neighbors are equally likely to take a less than charitable view of their right to exercise free speech. This is once more evidence of how Europeans fail to understand the bigger picture and are more than willing to let some short term comfort prevail over the long term survival of core values that built their societies in the first place.
So there are no winners here. The neighborhood is unmasked as a group whose shallow self interest is paramount, the State may have made a few mistakes and will have to spend yet more on security and Ayaan, well, she remains the hunted one. It seems that those responsible for threatening her will have the last laugh.
http://www.peaktalk.com/archives/002165.php
Regards
Markus
The court considers in its ruling that the neighbors have been put into a situation that has contributed to them feeling less safe in their own house. That feeling is extended to the communal living spaces of the apartment complex, but also to their own apartments. The court argues that this is a severe violation of one’s private life (as per Article 8 of the European Treaty for Human Rights).
A few things. Firstly, it should be noted that Hirsi Ali is now booted out of her own house by virtue of the European Treaty for Human Rights which does indeed supersede Dutch law. Many cases are adjudicated by referring to this treaty, but given the subject matter here I would say: Euroskeptics, go knock yourselves out.
Secondly, and this is the one that really bothers me, is that somehow Hirsi Ali’s neighbors self-interest runs so deep that they are prepared to use the court system to throw someone whose life is in danger out of her own house. It goes like this: we’re tolerant, we support free speech and a critical attitude, but if it comes too close to our front porch, sorry, we are no longer interested. On the contrary, self-interest is the deciding motivator. True, Hirsi Ali’s flatmates do have a reasonable point in arguing that the Dutch State has an obligation to ensure that their security measures benefit the entire complex. If the State has dropped the ball in that respect, they should be compelled by the courts to correct this, but to put the burden on Hirsi Ali is a very disturbing precedent. Yet, the plaintiffs are quite happy with the ruling:
“We are relieved. We just didn’t feel safe any longer in our own homes. Of course, we consider it to be terrible for Hirsi Ali to have to leave her house. The case was not directed at her personally. The point was that the State should not open us to so much danger”
The State may appeal this ruling, in which case it will go to the Dutch Supreme Court. The potential of a ruling that will favor Hirsi Ali and is able to address the upset neighbors may turn out to become a costly adventure for Dutch authorities as it is not just about one outspoken member of parliament. Beyond a number of politicians there is a growing constituency of writers, artists and cartoonists who may rightfully claim government protection. And in most cases their neighbors are equally likely to take a less than charitable view of their right to exercise free speech. This is once more evidence of how Europeans fail to understand the bigger picture and are more than willing to let some short term comfort prevail over the long term survival of core values that built their societies in the first place.
So there are no winners here. The neighborhood is unmasked as a group whose shallow self interest is paramount, the State may have made a few mistakes and will have to spend yet more on security and Ayaan, well, she remains the hunted one. It seems that those responsible for threatening her will have the last laugh.
http://www.peaktalk.com/archives/002165.php
Regards
Markus