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학술논문법학논총2014.03 발행KCI 피인용 30

학대피해아동의 보호를 위한 법정책적 개선방안-아동인권의 관점에서-

Legal-Policy Improvement for the Protection of the Abused Child -from View of Children’s Right-

문영희(서울기독대학교)

38권 1호, 155~182쪽

초록

Since countermeasures for child abuse stayed at the side of protection of victims and not protection of human rights or guarantee of right, there existed limitations to become fundamental solution. From now on, therefore, countermeasures for children abuse should be made under the awareness that children are subjects of constitutionally guaranteed rights just as adults. Realizing the children’s right is important as much as cognition change or legal and institutional conditions of social. Thus, to find and prevent inferred fundamental human children’s right from child abuse in early stage, following actions should precede. First, it is important to guarantee social safety net to support vulnerable social group and children in crisis to grow as a healthy social member. We should consistently review about protection method of the rights of child from abuse and reinforce policy support to connect social public resources effectively. Second, we have to reorganize legislation for guarantee of institution in stage of child development. Third, we obligatorily have to institutionalize support for education of children’s rights through school education and lifelong education for active social change awareness respond to violence. The rights of children should be guaranteed through holistic approach based on comprehensive consideration such as children development condition and environment they are facing, and every rights of children has to be for children’s complete and harmonious development of personality and human dignity realization Therefore, our society should realize children is the subject of fundamental rights, and try to provide opportunities to enjoy and be aware of their own rights.

Abstract

Since countermeasures for child abuse stayed at the side of protection of victims and not protection of human rights or guarantee of right, there existed limitations to become fundamental solution. From now on, therefore, countermeasures for children abuse should be made under the awareness that children are subjects of constitutionally guaranteed rights just as adults. Realizing the children’s right is important as much as cognition change or legal and institutional conditions of social. Thus, to find and prevent inferred fundamental human children’s right from child abuse in early stage, following actions should precede. First, it is important to guarantee social safety net to support vulnerable social group and children in crisis to grow as a healthy social member. We should consistently review about protection method of the rights of child from abuse and reinforce policy support to connect social public resources effectively. Second, we have to reorganize legislation for guarantee of institution in stage of child development. Third, we obligatorily have to institutionalize support for education of children’s rights through school education and lifelong education for active social change awareness respond to violence. The rights of children should be guaranteed through holistic approach based on comprehensive consideration such as children development condition and environment they are facing, and every rights of children has to be for children’s complete and harmonious development of personality and human dignity realization Therefore, our society should realize children is the subject of fundamental rights, and try to provide opportunities to enjoy and be aware of their own rights.

발행기관:
법학연구소
DOI:
http://dx.doi.org/10.17252/dlr.2014.38.1.007
분류:
법학

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학대피해아동의 보호를 위한 법정책적 개선방안-아동인권의 관점에서- | 법학논총 2014 | AskLaw | 애스크로 AI