Human rights in Europe vs. the united states of America: A comparison in terms of cultural relativism

The claim that human rights are universal is the subject of the most intense debate in human rights literature. The debates on universality and cultural relativism are typically conducted in the context of comparing the cultures and values of the West and other societies. To test the universality of human rights, comparing the West (Europe) with the West (United State) before comparing the West to others, and testing the universality at this stage will make a unique contribution to the debates on cultural relativism. For this, the thesis compares the two human rights systems in terms of their historical development processes as well as the case-law of the European Court of Human Rights vs. the Supreme Court of the United States, and identifies significant differences between the two systems. These differences are important in terms of questioning the claim of universality encountered in the Western human rights thought. Because even in different parts of Western civilization human rights are perceived, institutionalized, and implemented differently. It is very difficult to argue that the Western understanding of human rights, which lacks harmony even within itself, has reached a level of universality that could include the world's other cultures and civilizations.