Centre for Fundamental Rights
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Since its establishment in 1949, the Council of Europe (CoE) has not only played a crucial role in the development of ‘European’ human rights law, but also in the construction of an image of Europe associated with human rights. The exact meaning(s) and politics of the notion of ‘Europe’ omnipresent in the works of all organs of the CoE, and how it shapes the imagination and practice of human rights remain understudied. The Symposium introduced by this article attempts to fill this gap by leveraging frame analysis. It asks how Europe is framed in human rights and in turn how human rights are framed in Europe and with what discursive and legal consequences by focusing its attention on three themes: authoritarianism, migration, and climate change. This introduction brings together insights on how these three themes are framed by the CoE, paying particular attention to the shifts therein that seek to reconcile the contradictions between its image of Europe and its member states’ policies and practices. It also includes a general introduction to frame analysis and identifies some common themes on the functioning of frames and framing that lay the groundwork for future use of frame analysis in the context of European human rights law.
Who is recognised within the concept of ‘European Society’, and, more importantly, who or what remains unseen? This article critically examines European Society through a decolonial lens, arguing that EU law is detached from the lived and diverse realities of European Society. Drawing on the work of sociologist Manuela Boatcă, the authors propose a decolonial approach that excavates coloniality of power, knowledge and, especially, belonging within EU law to reimagine European Society. Analysing cases in migration and the rule of law, the article reveals how EU law perpetuates hierarchical structures of inclusion and exclusion, and invisibilises the liminal—often deploying “Western” norms, values, and lifestyles as gatekeeping tools, especially in post-colonial contexts. At the heart of this argument is the necessity to move beyond Eurocentric assumptions of universality, neutrality, and totality in legal scholarship, instead embracing plurality of perspective, creolisation, and reflexivity. The authors contend that European Society should not be treated as a rigid legal construct but rather as a dynamic and inclusive one that amplifies marginalised voices, acknowledges and accounts for the liminal, and critically examines the law’s inherent limitations. Ultimately, the article calls for a radical reimagining of European Society through its decolonisation—one that confronts historical injustices, disrupts entrenched power structures, and steers EU law toward a more just, equitable, accountable and reconstructive future.
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