A Study on the Public Awareness Towards Children’s Rights to Live in Better Environments - Based on the Analysis of Decision Cases of the National Human Rights Commission of Korea

서지정보

· 발행기관 : 숭실대학교 법학연구소
· 수록지 정보 : 법학논총 / 47권 / 445 ~ 468페이지
· 저자명 : 최한나, 김민철

초록

International Convention on Children is a guide to child human rights in the international community. In addition, the NHRC's decision on children's human rights implies social changes in children's human rights, and such legal and policy changes can lead to changes in people's perceptions and lead to real human rights improvements for children when they spread. The purpose of this study is to apply integrated thinking to this problem and contribute to the improvement of children's rights through the use of original policies. The international community and South Korea's National Human Rights Commission are giving guidelines on child human rights through various conventions and precedents. The decisions of the International Convention and the Human Rights Commission imply a change in the perception of children's human rights. In the case of corporal punishment, the child's body infringement was judged from a consistent position. In the case of hairstyle restrictions, the Human Rights Commission ruled that it was an infringement of personal rights under the Constitution. Furthermore, it was found to infringe on the right to express and self-determination of Individuality. In terms of discipline in schools, procedural child human rights, which were easily ignored in the past, were also emphasized. It should not infringe upon the right to learn or guarantee opportunities for argument when investigating violent issues. According to the research, various policy improvement measures, such as the recommendation of the NHRC and introduction of acceptance indexes, were not effective in cases involving children's human rights. Rather, it is necessary to educate children and parents on the basis of human rights. In addition, the NHRC believes that it is also important to focus on laying the foundation for improving the awareness of the human rights such as completing human rights education, rather than merely administrative measures when cases of child human rights violations occur. In terms of child human rights, the National Human Rights Commission of Korea should also become an institution that realizes the principle of banning intrusions under Article 37(2) of the Constitution. In order to actively guarantee children's human rights, it is also expected that the National Human Rights Commission's recommendation for correction can be a corrective order for the Ministry of Justice. There was a correction order from the NHRC on issues that did not give the perpetrator of school violence an opportunity to state his opinion. The latest issue, which has changed the district court's ruling, is meaningful. Changes in international standards on child human rights are meaningful in that they can be reflected in the domestic laws, although there are some declarative aspects. It should also be noted that the National Human Rights Commission's decision on child human rights will bring about changes in public perception and actively reflect in court rulings.

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