인권 보장 체제의 특징 - 인권 보장 체제의 보충적 역할을 중심으로 -

Generally Speaking, the concept of fundamental right is defined as “right guaranteed in the scope of constitutional law” or “the right especially as specific value or interest.” In contrast, the concept of human rights is told as “the right owned by human being and has been promoted as a legal concept in large part due to the idea that human beings have “fundamental” rights. It is true that the concept of fundamental right and that of human right overlap each other to some extent, but the concepts of both rights are not identical. Accordingly, it is uncertain that various national systems to secure the fundamental rights would protect human rights with efficiency in domestic area. In fact, such protection for the sake of human rights is mainly ensured by National Human Rights Commission these days. Thus National Human Rights Commission is playing its own role for the purpose of protecting human rights, supplementing other national authorities in the scope of human rights protection. By the way, it is difficult to say that various issues concerning with human right are not in the hands of States, due to the fact that the universality of human rights is generally accepted. Thus in case that human rights violations span such as indiscriminate jailings and torture and the forced sterilization of women, moreover such violations are not tolerable, it is probable that international community intervene in domestic human rights abuse or international sanctions isolate several regimes because of their human rights violations. Consequently, we can reach a conclusion that all regimes or systems to protect human rights playing their parts to cooperate with each other complementally. Furthermore as the importance of human rights is emphasized more and more in the future, the characteristic of the relationship between national and civil instruments or systems to secure human rights, namely subsidiarity will be reinforced.