The promotion of human rights in Europe and in the world
Although interest in protecting the rights of individuals may be traced to the beginning of whatever we understand by the concept of âpoliticsâ, human rights as such is a very recent concept. Following discussions promoted by the Roosevelt Presidency during the Second World War (with special involvement and an intellectual initiative from the First Lady, Eleanor Roosevelt), human rights are defined in the framework of the United Nations General Assembly (UNGA) as one of the main tasks undertaken by this organization since it was set up in 1945. From this point of view, the 1948 Universal Declaration involved the establishment of a common vision of peopleâs essential rights through a shared and extended view among the various interpretations and cultural and political nuances that exist, universally speaking.
Although its actual regulatory capacity is more debatable, this revolutionary value, precisely because of its global nature and the regulatory desire behind it, has found a special echo in Europe. There are several reasons for this: first, in the mid-twentieth century, European cultural dominance was undisputed and European values were therefore easily exported as universal, since other cultural expressions were much more limited in their influence. Moreover, in 1948 the UNGA consisted of only 58 member states, 42 of which were European, American or ruled by culturally Europeanized political elites. Finally, it is noteworthy that the mainstream humanist trends which at that time were regarded as valid precedents for the development of a universal ethical code, such as Christianity, rationalism, liberalism or socialism, all had strong roots in European culture and had developed in Europe.
Not surprisingly, therefore, in Europe human rights have often been considered as something generated out of its own cultural environment, and even as a European contribution to universal values. At a time when Europe decided to start seriously building its political union, precisely during the post-war reconstruction, the continent sought common positive values which could provide this project with political content, social cohesion and a possible profile. Besides the desire to establish an area of peace and economic growth, these values were unequivocally focused on the protection and development of human rights.
Thomas Carothers (1999) points out the existence in the Western countries of a âcanonicâ view which counts on a âdemocratic basisâ (elections, national institutions and civil society) and a ânatural sequenceâ of events (pressure on an autocratic regime, impact on its legitimacy, timid openness of the system, plurality of opposition groups, mobilization of media, pressure for the holding of elections, open election of a new government, etc.).
The first process in which human rights and European integration are closely linked is the creation of the Council of Europe (CoE) in 1950. In fact, the specialization of this international organization in human rights is due more to the constraints on it than to its true vocation. Given the refusal of moderate policy makers to claim areas of power for the new organization in economic or security areas, the CoE, the residue of the proposed United States of Europe launched in Zurich by Winston Churchill in 1946, was restricted to purely political issues; and, due to resistance from member states to giving real political power to an organization without much real authority, it changed tack to concentrate on an area of prestige where it had no real powers: human rights.
Furthermore, the strengthening of the European Community since its inception in the 1950s led this project from an initial economic character to the achievement of its own political identity. It therefore sought signs of identity in common values that would allow the new united Europe to distinguish itself from other international agents, in particular from other political powers. Paradoxically, human rights, a concept created to establish universal common values, have been advocated as part of a common European content compared with the ârest of the worldâ, including some countries or regions which seemed, according to this view, not to understand these values sufficiently or not to uphold them as they should. It is as if Europe was endowed with body and substance, clinging to the protection of human rights as something from its own tradition intended to provide the continent with influence and projection throughout the rest of the world.
The development of a regional system of human rights protection operating across Europe after the Second World War may be seen as a direct response to concern over the experience of fascism and the threat of authoritarian trends in communist countries. This partly explains the constant references to values and principles that are ânecessary in a democratic societyâ throughout the European Convention on Human Rights (ECHR), proposed at the 1949 Hague Congress and endorsed by the CoEâs Committee of Ministers, which convened a group of experts to draft the Convention itself. The Convention was designed to incorporate a traditional civil liberties approach to securing âeffective political democracyâ from the strongest traditions in the United Kingdom, France and other member states of the fledgling CoE. The Convention was overseen and enforced by the European Court of Human Rights in Strasbourg, and the CoE. Until procedural reforms in the late 1990s, the Convention was also overseen by a European Commission on Human Rights.
The establishment of the European Communities did not automatically lead to a reinforcement of the process of enlarging and fixing the protection of human rights at continental level. Only during the 1970s will we find an initial interest in the protection of peopleâs rights, and this is due to two main reasons. First, the creation of the European Political Cooperation (EPC) after the 1970 Luxembourg Agreement meant the beginning of a new political concept which went beyond the traditional economic view of the Europe-building process. Thus, a new dynamic was created in which Europe could uphold its supposedly shared values in the international arena and make them its own sign of political identity.
Second, the old Parliamentary Assembly turned into the European Parliament was chosen for the first time in 1979 through direct general elections. This step also involved the creation of an institutional body with direct responsibilities to the general population, which started to work for concerns affecting society, including, increasingly, human rights.
European political integration is a long and hazardous process that involved creating and strengthening common European policies in the 1970s, the Single European Act process in the 1980s, and, finally, the creation of the European Union after the Maastricht Intergovernmental Conference (IGC), immediately following the collapse of the Iron Curtain in the early 1990s. During this long process, an enlarged and more coherent Europe sought to project its international influence beyond what its member states could have achieved. From this point of view, the dual role played by human rights in its insertion as a key element of European policy should be highlighted: first, the construction of an essential part of the discourse of Europe as a âcivilian powerâ, and second, the strengthening of the role of the Communitiesâ (and later, Unionâs) own bodies in upholding the individual and collective rights of European citizens, in which we must particularly stress the EP role. As Yves MĂ©ny states (2009, p. 21):
[a] symbol of democracy in Europe, the European Parliament has, since the birth of the Community, presented itself as an undisputed forum for the advocacy and protection of human rights, reflecting public opinion and acting as a sounding box for the human rights movement.
First, the concept of civilian power is often applied to Europe as something in contrast to the kind of aggression and imposition of leadership that can be exercised by other powers (including, often, some EU member states). This peaceful influence on other parts of the planet comes through the adoption of a non-aggressive and attractive discourse acceptable both to the societies of the countries with which Europe is related and the political classes in these countries. Human rights, considered as an acquis originating from, or at least particularly protected by, Europe, has become a message with highly popular and progressive content which is neither aggressive nor demanding. This allows Europe, as a power, to compete with other clearly âtougherâ forms of influence but which are less defensible in public scenarios. Of course, this entails the risk that the âcivilâ message, clearly concealing political and economic interests, could end up damaging the discourse and even the image of the political power using it if it cannot, in the long run, uphold this content or make it compatible with the real interests of its policy.
Second, the institutional bodies of the European Communities and the EU have created mechanisms for protecting human rights as well as a number of commitments in this regard. Among these bodies, the role of the EP, elected in direct representation of citizens and, therefore, in a leading position to protect their interests, should be emphasized. Thus, the Parliament has legislated not only to promote the protection of human rights in the context of a united Europe, but has used its pressure on other EU institutions, particularly the European Council and the Commission, to achieve greater consistency in the defence of universal human rights. The EP has always shown greater concern for the promotion and monitoring of human rights policies than other European bodies, in particular the European Council.
In 1975, in its resolution on European Union (Tindemans Report), the EP voiced the need to give the future Union a Charter of Fundamental Rights. In 1984, t...