인권의 역린, 여성의 정치적 권리: 에티엔 발리바르의 ‘인권정치’에서 「인권선언문」에 대한 독해

Abstract

Human rights have independent values apart from civil rights/citizenship. But if a persons's citizenship is deprived, his human rights are also deprived. This is because the political system has been formed by the nation state since modern times. Hannah Arendt and Giorgio Agamben argue that human rights without citizenship are meaningless and powerless. However, this paper argues that human rights have their own values and are the driving force of political resistance through Étienne Bailbar's politics of human rights. According to Bailbar, the world historical foundation for politically proclaiming human rights and citizenship is "Declaration of the Rights of Man and the Citizen". The Declaration of Human Rights asserts the sameness/equality of human rights and civil rights, and the sameness/equality of freedom and equality. But the "Declaration of Human Rights" also reveals contradictions and aporia that deviate from equality. That is why "Declaration of Human Rights" becomes the driving force of strife for political rights. This paper studies the aporia of equality, looking for alternatives to overcome the exclusions and aversions of migrant and refugee women for the political possibilities of human rights.