Abstract
The EU and the United States are the most important state promoters of human rights and share a common human rights legacy. However, the human rights approaches of the EU and the US display crucial differences in comparison to each other: first, the acceptance of social and economic rights in Europe v. a focus on individual freedom in the US; second, a stricter and harsher law enforcement in the US; and third, the possibility for EU citizens to address international human rights courts and commissions. Values and attitudes explain the transatlantic divide in human rights. The EU emphasizes dignity as the core value underpinning human rights and is more reluctant towards the use of force inside and outside its borders. In the US, negative freedom is the paramount value for justifying human rights and the United States are more willing to use force against criminals, terror suspects and enemies abroad.
Highlights
Europe and the United States of America share a common history and legacy in the field of human rights
The second chapter argues that different sources of human rights in the European Union and the US and “violence exceptionalism” and moral absolutism in the case of the United States in comparison to a soft power approach and moral relativism in the EU may explain the four identified differences in the area of human rights
The Charter of Fundamental Rights shows that the European Union has a broad understanding of human rights, encompassing civil and political as well as economic, social and cultural human rights
Summary
Europe and the United States of America share a common history and legacy in the field of human rights. The study will focus on counterterrorism, the use of excessive force and coercion in law enforcement, and excessive or cruel punishments These areas display the most important differences between the EU and the US and to cover sufficiently well the topics of migrants’ rights and discrimination would exceed the scope of this study. The study will compare these areas in order to highlight differences (Amnesty International, 2006-2015; Human Rights Watch, 2006-2015). The second chapter argues that different sources of human rights in the European Union (dignity) and the US (negative freedom) and “violence exceptionalism” and moral absolutism in the case of the United States in comparison to a soft power approach and moral relativism in the EU may explain the four identified differences in the area of human rights
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