국제아동인권규범의 이행-아동권리협약 중심으로-
Implementing International Children’s Rights Norm- A review of the implementation of the Convention on the Rights of the Child -
이양희(성균관대학교); 김상원(성균관대학교)
25권 2호, 311~332쪽
초록
The concept of human rights is viewed as the only universally agreed upon system of values. With the experience of two world wars, the international community embarked on a remarkable task to protect human beings from further harm committed by fellow human beings. In 1948, the Universal Declaration of Human Rights emphasized that human rights were universal and inalienable, indivisible, interdependent and interrelated, and equal and non-discriminatory for all. As it is with all declarations, the UDHR is not legally binding, however, it is accepted as international customary law. Legally binding international norms were soon adopted by consensus after the UDHR. Of note, the two important International Covenants were followed by specific treaties set out to protect specific rights (against torture, racial discrimination, etc.) or the most vulnerable and marginalized groups, such as women, children, persons with disabilities, etc. The purpose of this paper to review the historical developments in international norm setting, by illustrating the development of the currently existing 9 core human rights instruments, with a special focus on the Convention on the Rights of the Child. The paper is organized in four major parts. It will begin with introducing the need for establishing human rights norms. The next part is the historical developments setting the norms to protect children and their human rights. It will continue with discussions regarding how the Republic of Korea is complying with implementing the Convention on the Rights of the Child and the two optional protocols, OPSC and OPAC. Detailed examples of the concluding observations adopted by the UN Committee on the Rights of the Child to the State Party Report of the Republic of Korea and how the State Party attempted to address various recommendations are provided. The Optional Protocol on a Communications Procedure, which is the newest development for the protection of children and their human rights, is discussed as one of the remaining tasks. In the final part of this paper, several recommendations are offered. These recommendations will not only help children to realize their rights, but enable the Republic of Korea to realize its international duty to respect, protect, and fulfill human rights.
Abstract
The concept of human rights is viewed as the only universally agreed upon system of values. With the experience of two world wars, the international community embarked on a remarkable task to protect human beings from further harm committed by fellow human beings. In 1948, the Universal Declaration of Human Rights emphasized that human rights were universal and inalienable, indivisible, interdependent and interrelated, and equal and non-discriminatory for all. As it is with all declarations, the UDHR is not legally binding, however, it is accepted as international customary law. Legally binding international norms were soon adopted by consensus after the UDHR. Of note, the two important International Covenants were followed by specific treaties set out to protect specific rights (against torture, racial discrimination, etc.) or the most vulnerable and marginalized groups, such as women, children, persons with disabilities, etc. The purpose of this paper to review the historical developments in international norm setting, by illustrating the development of the currently existing 9 core human rights instruments, with a special focus on the Convention on the Rights of the Child. The paper is organized in four major parts. It will begin with introducing the need for establishing human rights norms. The next part is the historical developments setting the norms to protect children and their human rights. It will continue with discussions regarding how the Republic of Korea is complying with implementing the Convention on the Rights of the Child and the two optional protocols, OPSC and OPAC. Detailed examples of the concluding observations adopted by the UN Committee on the Rights of the Child to the State Party Report of the Republic of Korea and how the State Party attempted to address various recommendations are provided. The Optional Protocol on a Communications Procedure, which is the newest development for the protection of children and their human rights, is discussed as one of the remaining tasks. In the final part of this paper, several recommendations are offered. These recommendations will not only help children to realize their rights, but enable the Republic of Korea to realize its international duty to respect, protect, and fulfill human rights.
- 발행기관:
- 법학연구원
- 분류:
- 법학