국제법상 범죄피해자의 인권보호

As the 21st century, more than ever, concerns about the crime victim is increasing to be higher internationally and domestically. Human rights protection for victims of crime is a core problem of human rights way of thinking Including legally binding international human rights treaties such as International Covenant on Civil and Political Rights, Convention on the Elimination of All Forms of Discrimination against Women Discrimination, Convention on the Rights of the Child, Convention against Torture and other Cruel Inhuman or Degrading Treatment or Punishment, which provide for the rights of victims, embodying UN Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power(UN Victims Declaration) depends on effective national implementation. Otherwise, European Union(EU) Committee of Ministers Recommendation No. R (85) 11 to the Members States of the Council of Europe on the Position of the Victim in the Framework of the Criminal Law and Procedure and EU Decision on the Sanding of Victims in Criminal Proceeding can be adopted to strengthen basis principles proclaimed in UN Victims Declaration in regional level. The establishment of the International Criminal Court(ICC) in the history of international law is an important progress, ICC statute of victim's has more detailed consideration such as right to participation. Criminal justice system to victims of crimes under the pretext of finding the truth may injure another. It is true especially in women and children victims. Therefore, when law is enforced and Korea's Crime Victims Protection Law is enacted or amended, as revision of the UN Victims Declaration to achieve the realization of basic rights and principles, right to protection, access to information, right to be notified, receiving a quick trial, right to restitution, right to compensation, including legal advice to support the rights and privacy and right to be protected need to be put into domestic law, and crime victim's human dignity and value should be guaranteed. There can be a tendency to focus on the right to life and the right to freedom from torture and other forms of ill-treatment and violence, ultimately the same legal obligations apply to the whole spectrum of human rights. In any cases, criminal victims are free from violation of the right to life, torture, other unfair treatment and violence, and these rights operate reciprocally each other in order to give them effective protection.