The Conservative Human Rights Revolution : European Identity, Transnational Politics, and the Origins of the European Convention

The European Court of Human Rights has long held unparalleled sway over questions of human rights violations across continental Europe, Britain, and beyond. Both its supporters and detractors accept the common view that the European human rights system was originally devised as a means of containing communism and fascism after World War II. In The Conservative Human Rights Revolution , Marco Duranti radically reinterprets the origins of the European Convention on Human Rights (ECHR), arguing that conservatives conceived of the treaty not only as a Cold War measure, but also as a vehicle for pursuing a controversial domestic political agenda on either side of the Channel. Just as the Supreme Court of the United States had sought to overturn Franklin Roosevelt's New Deal, a European Court of Human Rights was meant to constrain the ability of democratically elected governments to implement left-wing policies that British and French conservatives believed violated their basic liberties. Conservative human rights rhetoric, Duranti argues, evoked a romantic Christian vision of Europe. Rather than follow the model of the Universal Declaration of Human Rights, conservatives such as Winston Churchill grounded their appeals for new human rights safeguards in the values of a bygone European civilization. All told, these efforts served as a basis for reconciliation between Germans and the "West," the exclusion of communists from the European project, and the denial of equal protection to colonized peoples. Illuminating the history of internationalism and international law, and elucidating Churchill's Europeanism and critical contribution to the genesis of the ECHR, this book revisits the ethical foundations of European integration across the first half of the twentieth century and offers a new perspective on the crisis in which the European Union finds itself today. The Conservative Human Rights Revolution radically reinterprets the origins of the European human rights system, arguing that its conservative inventors envisioned the European Convention on Human Rights (ECHR) not only as an instrument to contain communism and fascism in continental Europe, but also to allow them to pursue a controversial political agenda at home and abroad. Just as the Supreme Court of the United States had sought to overturn Franklin Roosevelt's New Deal, a European Court of Human Rights was meant to constrain the ability of democratically elected governments to implement left-wing policies that conservatives believed violated their basic liberties, above all in Britain and France. Human rights were also evoked in the service of reviving a romantic Christian vision of European identity, one that contrasted sharply with the modernizing projects of technocrats such as Jean Monnet. Rather than follow the model of the United Nations, conservatives such as Winston Churchill grounded their appeals for new human rights safeguards in an older understanding of European civilization. All told, these efforts served as a basis for reconciliation between Germany and the rest of Europe, while justifying the exclusion of communists and colonized peoples from the ambit of European human rights law. Marco Duranti illuminates the history of internationalism and international law - from the peace conferences and world's fairs of the early twentieth century to the grand pan-European congresses of the postwar period - and elucidates Churchill's Europeanism, as well as his critical contribution to the genesis of the ECHR. Drawing on previously unpublished material from twenty archives in six countries, The Conservative Human Rights Revolution revisits the ethical foundations of European integration after WWII and offers a new perspective on the crisis in which the European Union finds itself today The European Court of Human Rights has long held unparalleled sway over questions of human rights violations across continental Europe, Britain, and beyond. Both its supporters and detractors accept the common view that the European human rights system was originally devised as a means of containing communism and fascism after World War II.In The Conservative Human Rights Revolution, Marco Duranti radically reinterprets the origins of the European Convention on Human Rights (ECHR), arguing that conservatives conceived of the treaty not only as a Cold War measure, but also as a vehicle for pursuing a controversial domestic political agenda on either side of the Channel. Just as the Supreme Court of the United States had sought to overturn Franklin Roosevelt's New Deal, a European Court of Human Rights was meant to constrain the ability of democratically elected governments to implement left-wing policies that British and French conservatives believed violated their basic liberties.Conservative human rights rhetoric, Duranti argues, evoked a romantic Christian vision of Europe. Rather than follow the model of the Universal Declaration of Human Rights, conservatives such as Winston Churchill grounded their appeals for new human rights safeguards in the values of a bygone European civilization. All told, these efforts served as a basis for reconciliation between Germans and the "West," the exclusion of communists from the European project, and the denial of equal protection to colonized peoples.Illuminating the history of internationalism and international law, and elucidating Churchill's Europeanism and critical contribution to the genesis of the ECHR, this book revisits the ethical foundations of European integration across the first half of the twentieth century and offers a new perspective on the crisis in which the European Union finds itself today. The European Court of Human Rights has long held unparalleled sway over questions of human rights violations across continental Europe, Britain, and beyond. Both its supporters and detractors accept the common view that the European human rights system was originally devised as a means of containing communism and fascism after World War II. In __The Conservative Human Rights Revolution__, Marco Duranti radically reinterprets the origins of the European Convention on Human Rights (ECHR), arguing that conservatives conceived of the treaty not only as a Cold War measure, but also as a vehicle for pursuing a controversial domestic political agenda on either side of the Channel. Just as the Supreme Court of the United States had sought to overturn Franklin Roosevelt's New Deal, a European Court of Human Rights was meant to constrain the ability of democratically elected governments to implement left-wing policies that British and French conservatives believed violated their basic liberties.Conservative human rights rhetoric, Duranti argues, evoked a romantic Christian vision of Europe. Rather than follow the model of the Universal Declaration of Human Rights, conservatives such as Winston Churchill grounded their appeals for new human rights safeguards in the values of a bygone European civilization. All told, these efforts served as a basis for reconciliation between Germans and the "West," the exclusion of communists from the European project, and the denial of equal protection to colonized peoples.Illuminating the history of internationalism and international law, and elucidating Churchill's Europeanism and critical contribution to the genesis of the ECHR, this book revisits the ethical foundations of European integration across the first half of the twentieth century and offers a new perspective on the crisis in which the European Union finds itself today. The conservative human rights revolution' radically reinterprets the origins of the European human rights system, arguing that its conservative inventors envisioned the European Convention on Human Rights (ECHR) not only as an instrument to contain communism and fascism in continental Europe, but also to allow them to pursue a controversial political agenda at home and abroad. Just as the Supreme Court of the United States had sought to overturn Franklin Roosevelt's New Deal, a European Court of Human Rights was meant to constrain the ability of democratically elected governments to implement left-wing policies that conservatives believed violated their basic liberties, above all in Britain and France. Human rights were also evoked in the service of reviving a romantic Christian vision of European identity, one that contrasted sharply with the modernizing projects of technocrats such as Jean Monnet. Rather than follow the model of the United Nations, conservatives such as Winston Churchill grounded their appeals for new human rights safeguards in an older understanding of European civilization. All told, these efforts served as a basis for reconciliation between Germany and the rest of Europe, while justifying the exclusion of communists and colonized peoples from the ambit of European human rights law. Drawing on previously unpublished material from twenty archives in six countries, this book revisits the ethical foundations of European integration after WWII and offers a new perspective on the crisis in which the European Union finds itself today Cover 1 The Conservative Human Rights Revolution 4 Copyright 5 Dedication 6 Contents 8 Acknowledgments 10 Introduction 16 Part One European Memory, Human Rights Law, and the Romantic Origins of International Justice (1899–​1950) 26 1. The Romance of International Law 28 2. Internationalism Between Nostalgia and Technocracy 64 3. Churchill, Human Rights, and the European Project 111 4. Postwar Reconciliation, Colonialism, and Cold War Human Rights 179 Part Two Free-​Market Conservatism, Christian Democracy, and the European Convention on Human Rights (1944–​1959) 228 5. Neoliberal Human Rights in Postwar Britain 230 6. Neomedieval Human Rights in the Shadow of Vichy 270 7. Catholic Human Rights in Postwar France 305 8. Rethinking the ECHR’s Original Intent 336 Part Three Reflections on the Conservative Human Rights Revolution in Postwar Europe (1946–​1950) 358 9. The Ethical Foundations of European Integration 360 10. Human Rights and Conservative Politics 376 11. Revolution and Restoration in the History of Human Rights 400 Conclusion 417 Epilogue: A European Union Without Qualities 420 Notes 426 Archival Collections 498 Index 500 This Book Reconsiders The Origins Of The European Human Rights System, Arguing That Its Conservative Inventors, Foremost Among Them Winston Churchill, Conceived Of The European Convention On Human Rights (echr) As A Means Of Realizing A Controversial Political Agenda And Advancing A Christian Vision Of European Identity. The Romance Of International Law -- Internationalism Between Nostalgia And Technocracy -- Churchill, Human Rights, And The European Project -- Postwar Reconciliation, Colonialism, And Cold War Human Rights -- Neoliberal Human Rights In Postwar Britain -- Neomedieval Human Rights In The Shadow Of Vichy -- Catholic Human Rights In Postwar France -- Rethinking The Echr's Original Intent -- The Ethical Foundations Of European Integration -- Human Rights And Conservative Politics -- Revolution And Restoration In The History Of Human Rights -- Conclusion -- Epilogue : A European Union Without Qualities. Marco Duranti. Includes Bibliographical References And Index. Radically reinterprets how and why British, French, and other European conservatives advanced a post-war human rights system, arguing that they were motivated by a desire to limit the creation of policies they believed would violate their basic liberties Challenges the conventional view that human rights efforts have universally reflected a "leftist" post-fascist agenda Traces the role of culture, ethics, and memory in the genesis of international law and organizations Offers a new perspective on Winston Churchill's understanding of European integration and European identity, as well as his involvement in the creation of the European Court of Human Rights Provides essential historical context for political crises currently affecting the European Union and European Court of Human Rights by demonstrating the conservative roots of both Draws on previously unpublished material from twenty archives in six countries 'The Conservative Human Rights Revolution' reconsiders the origins of the European human rights system, arguing that its conservative inventors, foremost among them Winston Churchill, conceived of the European Convention on Human Rights (ECHR) as a means of realizing a controversial political agenda and advancing a Christian vision of European identity