Nem universais, nem relativos: uma análise contextualista dos direitos humanos

• Autor(a) principal: Revers, Luiza de Oliveira
• Data de Publicação: 2021
• Tipo de documento: Trabalho de conclusão de curso
• Idioma: por
• Título da fonte: Repositório do Centro Universitário Braz Cubas
• Texto Completo: https://repositorio.cruzeirodosul.edu.br/handle/123456789/3624
• topic: Direitos humanos; Universalismo; Relativismo; Contextualismo; CNPQ::CIENCIAS HUMANAS::CIENCIA POLITICA::POLITICA INTERNACIONAL::RELACOES INTERNACIONAIS, BILATERAIS E MULTILATERAIS

International Human Rights Law, considered by some theorists as erga omnes and inherent to the human condition for its reason of being, is, by others, acused of "globalized localism". Human rights follow a set of assumptions little questioned in the practical day-to-day of its application, namely: (i) the existence of a universal human nature; (ii) the absolute and irreducible human dignity inherent in all individuals; (iii) individual autonomy. In this sense, the assertion that everyone is holder of the irreducible ethical minimum defined by numerous international treaties is criticized with regard to its so-called universality; How do members of international society fail to guarantee their effectiveness, often under the guise of being in violation of the rules of international human rights law? And as for societies that maintain a different cultural order, imposing a series of norms on a diametrically opposed culture would not be, in itself, a violation of the human right to self-determination and individual autonomy? From the perspective of what characterizes violations, would not our own society be a violator of Human Rights? Based on these questions, the work aims to analyze whether these norms really configure themselves as universal and evident as the declarations of human rights so widely and certainly bring, or if there is room for interpretation within the pluriverse of Human Rights. The work is guided by the bibliographic procedure, based on a critical analysis of the theme as found in the literature.