문화상대주의와 인권의 보편성 논쟁 - 인권이론과 인권교육에 대한 시사점을 중심으로 -

The purpose of this article is to suggest what implications of cultural relativism and universality of human rights debate have on human rights theory and human rights law. In order to achieve this purpose, we first examined where the universality of human rights debate originated, and how cultural relativism raised the universality of human rights (II). In addition, this article presents concretely the implications of the debate on universality of human rights theory and human rights law (III). Finally, I concluded the above discussion (IV). The above discussion is summarized as follows: First, what human rights are is defined by culture. Second, it is controversial whether human rights have universal and general characteristics, but there is no theory that human rights inherently pursue universality. Third, there is no conflict between the nature of human rights and the pursuit of universality inherently in human rights. In order for human rights discourse to exert its power, human rights must constantly pursue universality. Fourth, the government should pursue human rights universality, not cultural relativism, in the establishment, enforcement and application of domestic human rights law. In particular, the judiciary should, in principle, make judgments in terms of universality of human rights in the application of domestic human rights law. Fifth, the concept of human rights is based on ambiguity. Habermas's theory of communication provides a procedure for pursuing universality of human rights. Human rights education raises the possibility that members of the community can form and fill human rights without exception. In this sense, the significance of human rights education must be recognized.