A concepção relativista em confronto com a visão universalista dos direitos da pessoa humana.

Abstract

This work presents the discussion involving the universalist and relativist conceptions concerning to the reach of the human right rules, bringing initial concepts about these rights and their main foundations, and then, the leading points of each side. By using the deductive and dialectical methods and bibliographic research, it's intended to bring to the surface the conflict between the two perceptions revealing their concepts and arguments and the need to identify practical situations at the present time in which violations of human rights are often hidden under the enhanced argument of the cultural relativism. For the universalist chain, the human rights, which have been historically constructed, have their foundation in the nature of the human person and his dignity, giving an equal treatment to all people of the earth and inaugurating a period in which situations of violation of these rights came to be the interest of the international community and not just a domestic problem. The cultural relativist chain defends its position explaining that each society has its own system of values, its moral and ethics, which are constructed and historically affirmed under the influence of this society experiences and its cultural values. All this context ends also influencing the perception of human rights in this society which establishes its scale of values from its experiences. From this angle, the conception of universal human rights is unusefull by not granting space to the cultural peculiarities of each site. Furthermore, the claim of universalists, in the view of their opponents, would be a flagrant facet of western imperialism which actually tries to universalize its values, leading to the destruction of cultural diversity. To illustrate the conflict the work presents the practical cases of female circumcision in Muslim countries and the practice of infanticide in several Brazilian Indian tribes. The circumcision, to preserve the woman's sexual purity and the honor of the family, consist in cutting her clitoris or in some cases the complete mutilation of her organ. In the case of indigenous there's a tradition of murdering children who born physically or mentally handicapped, twin or other situations that make them undesirable. In both situations the relativist chain defends not to accept external interference, explaining that it's a cultural tradition which should be respected. Both indigenous and Muslims have their own ethics that legitimizes their community practices. In the other hand the universalists find in these cases two glaring forms of violations of human rights and right of life. It is finally that the relativist theory of human rights, does not respond to the minimum standard of universal human dignity established by the UN Declaration. The proposal presented in the end, chose for a modest model which allow limited degree in cultural variations in the way and in the interpretation of human rights, showing that is necessary, however, insist on their moral and fundamental universalism.