국제아동인권규범의 이행-아동권리협약 중심으로-
Implementing International Children’s Rights Norm- A review of the implementation of the Convention on the Rights of the Child -
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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.
참고문헌 (12)
- Yanghee Lee, , 18 Candles: The Convention on the Rights of the Child reaches majority, pp.12~ (2007), IDE[DOI]
- 김정래, "“아동권리협약의 정신과 그 발전적 이행을 위한 한 논의 –제2차 국가보고서를 중심으로-", 아동권리연구, 4(1) (2000), 한국아동권리학회
- 박진완, "유럽 연합의 기본권 헌장에서의 어린이 권리의 보장", 세계헌법연구, 14(1), pp.133~162 (2008), 세계헌법학회한국학회
- Office of the United Nations Commissioner of Human Rights, "Legislative history of the Convention on the Rights of the Child, Vol, I" (2007), United Nations
- 박진완, "아동권리협약의 국내적 이행과정에 대한 분석", 세계헌법연구, 16(1), pp.181~208 (2010), 세계헌법학회한국학회
- Epstein, "The Convention on the Rights of the Child: The promise and limitations of multilateralism as a means of protecting children" (2006), Illinois Wesleyan University
- 이양희, "유엔 아동권리 위원회의 방향", 한국아동권리학회 10주년 기념 학술대회 (2007)
- 한국 아동ㆍ청소년 인권실태 연구I, "임희진", 한국청소년정책연구원, 83~89 (2011)
- Yanghee Lee, "Communication procedure under the Convention on the Rights of the Child: 3rd Optional Protocol", International Journal of Children’s Rights, 18, pp.568~ (2010)
- "Reasons and timing for a communications procedure under the Convention on the Rights of the Child (A/HRC/WG.7/1/CRP.6), 2009. Submission to the first session of the Open-ended Working Group to explore the possibility of elaborating an optional protocol to the Convention on the Rights of the Child" (2009)[URL]
- "A/RES/66/138"[URL]