EU Human Rights: From a Culture of Justification to a Culture of Sympathy?

This paper argues that the EU’s culture of justification in law should be expanded beyond traditional human rights rhetoric to incorporate a deeper sense of solidarity and sympathy for other species. By critically examining how the EU and Member States currently justify their actions in the area of human rights, and supported by practical examples across various EU policy areas, it becomes clear that adopting a broader vocabulary rooted in solidarity and sympathy —drawing on Richard Rorty’s scholarship—can strengthen the legitimacy of the EU project and its values. Furthermore, integrating a culture of sympathy for all living beings fosters a more comprehensive approach to justice, highlighting the importance of understanding and re-thinking reciprocity in human rights law and urging a shift towards a more inclusive legal framework.