30
ŽDANOKA v. LATVIA JUDGMENT
traditions, ideals, freedom and the rule of law. This common heritage
consists in the underlying values of the Convention; thus, the Court has
pointed out on many occasions that the Convention was in fact designed to
maintain and promote the ideals and values of a democratic society. In other
words, democracy is the only political model contemplated by the
Convention and, accordingly, the only one compatible with it (see, among
many other examples, United Communist Party of Turkey and Others, cited
above, § 45; Refah Partisi (the Welfare Party) and Others v. Turkey [GC],
nos. 41340/98, 41342/98, 41343/98 and 41344/98, § 86, ECHR 2003-II;
and, lastly, Gorzelik and Others v. Poland [GC], no. 44158/98, § 89, ECHR
2004-I).
99. It cannot be ruled out that a person or a group of persons will rely on
the rights enshrined in the Convention or its Protocols in order to attempt to
derive therefrom the right to conduct what amounts in practice to activities
intended to destroy the rights or freedoms set forth in the Convention; any
such destruction would put an end to democracy. It was precisely this
concern which led the authors of the Convention to introduce Article 17,
which provides: “Nothing in this Convention may be interpreted as
implying for any State, group or person any right to engage in any activity
or perform any act aimed at the destruction of any of the rights and
freedoms set forth herein or at their limitation to a greater extent than is
provided for in the Convention” (see Collected Edition of the “Travaux
Préparatoires”: Official Report of the Consultative Assembly, 1949,
pp. 1235-39). Following the same line of reasoning, the Court considers that
no one should be authorised to rely on the Convention’s provisions in order
to weaken or destroy the ideals and values of a democratic society (see
Refah Partisi (the Welfare Party) and Others, cited above, § 99).
100. Consequently, in order to guarantee the stability and effectiveness
of a democratic system, the State may be required to take specific measures
to protect itself. Thus, in the above-cited Vogt judgment, with regard to the
requirement of political loyalty imposed on civil servants, the Court
acknowledged the legitimacy of the concept of a “democracy capable of
defending itself” (§§ 51 and 59). It has also found that pluralism and
democracy are based on a compromise that requires various concessions by
individuals, who must sometimes be prepared to limit some of their
freedoms so as to ensure the greater stability of the country as a whole
(Refah Partisi (the Welfare Party) and Others, cited above, § 99). The
problem which is then posed is that of achieving a compromise between the
requirements of defending democratic society on the one hand and
protecting individual rights on the other (see United Communist Party of
Turkey and Others, cited above, § 32). Every time a State intends to rely on
the principle of “a democracy capable of defending itself” in order to justify
interference with individual rights, it must carefully evaluate the scope and