아시아 지역인권보장체계 설립 방안 -유럽인권재판소 모델의 아시아 적용가능성 및 시사점- = Establishing a Regional Human Rights System in Asia -Applying the European model in Asia: Possibilities & Implications-

다국어 초록 (Multilingual Abstract)

In Europe, concern for human rights grew significantly due to Nazi abuses during World War II. After the war, ten Western European countries (Belgium, Denmark, France, Ireland, Italy, Luxembourg, the Netherlands, Norway, Sweden and the United Kingdom) eventually signed a treaty to found the Council of Europe. The European Convention on Human Rights was drafted by the Council of Europe in accordance with its founding spirit of protecting human rights and entered into force on November 4, 1950. On the basis of the Convention, the European Court of Human Rights was established in 1959. Since its first judgment on November 14, 1960, the European Court of Human Rights has thus far delivered almost judgments, all of which are legally binding on the states concerned, leading governments to revise legislation and improve administrative practices. While Europe and Asia contain a similar number of countries, the continents differ greatly in terms of population. A subsequent question arises with regard to whether the huge Asian continent, in contrast to Europe, can be united under a single international body. Rather, sub-regional human rights bodies should be considered for East Asia, West Asia, and Central Asia. Another question arises whether Asia, a continent with a variety of religious and cultural backgrounds, can unite on the same value and ideology. In this context, countries with the same religious base can set up a regional human rights body since they are also geographically adjacent to each other, as an alternative. In addition, the gap between rich and poor states in Europe is relatively narrow; however, this gap is a chasm in Asia, so many countries would not be able to contribute at all. In this sense, Asia is different from Europe, where relatively more European countries can share the financial burden. Taking into account that Asia differs greatly from Europe in many aspects, it is also necessary to reflect the unique characteristics of the continent when seeking to establish an Asian human rights body. Useful means of reviewing concrete human rights cases and resolving them are possibly not political but judicial approaches. As a result, if a human rights body at the international level should be established, a judicial organ may be the ideal form. This model is well-proven by the European Court of Human Rights. If an Asian convention on human rights, which will be the foundation for a human rights court in Asia, will be signed, the principle of subsidiarity must be specified so that the court``s role is limited to a certain extent. It is imperative to introduce a system allowing individuals to lodge complaints when a regional human rights body is established in Asia. The European Court of Human Rights as a regional human rights body sets an excellent role model for the establishment of a regional human rights body in Asia. However, Europe and Asia differ greatly in practical conditions. In the end, Asia``s situation must be taken into consideration-in other words, a regional human rights body will be a reality in Asia only when sub-regional bodies are established by involving countries similar in religion and culture, and when economically strong countries like South Korea and Japan play a major role in bearing the financial burden.