방역과 인권: 보편주의와 상대주의를 넘어

Abstract

Human rights claims in health care have mainly revolved around health rights. Therefore, it is necessary to examine whether health rights are universally guaranteed or are shaped by cultural relativism or the relativist concept of human rights. In particular, this issue must be clarified in the context of quarantine and preventive measures of the pandemic. Restrictions and guarantees of health rights due to quarantine policies are ultimately aimed at the vulnerable. However, it is difficult to find a reason to prioritize the vulnerable with a universal human rights concept. In a relativist approach, guarantees of human rights or health rights are also justified hastily. This paper reviewed the previous domestic literature on medicine and human rights and confirmed that the above problems are repeated in the articles. To solve this problem, an alternative beyond universalism and relativism is required. Therefore, based on Jacques Derrida’s discussion on specters theory, this paper established an open universality that surpasses ethical relativism. We also examined whether a pluralistic and universal concept of health rights is possible. Human rights and health rights in the context of quarantine should protect and guarantee rights for the vulnerable, and the paper provides a theoretical basis for this to work universally.