On the Axiological Shift in Europe and Its Impact on the European System of Human Rights as Exemplified by the Council of Europe and European Union

This article investigates shifts in the primary sources of political and axiological discourse in Europe in the area of human rights. Assumed that there may have been two main causes, firstly, the ongoing cultural change in Europe and the departure from the Christian cultural and axiological foundations in Europe, which also affects the interpretation of human rights, is discussed. Secondly, there may perhaps have been progressive change in the source of human rights, and a departure from the concept of human dignity as a universal source of human rights, in the direction of a European cultural interpretation. This change will be shown by reference the Council of Europe and the EU. The theoretical inspiration for this article has been the theory of Christian Reus Smit, who in his own way shows an alternative history to the formation of the structures of the international system, showing that its fragmentation has been taking place around the consolidation of societies (and states) around newly-created rights. Taking this inspiration into account, the article tries to look at Europe through this prism and the European system of human rights protection in relation to the universal one.