인권영향평가 확대방안에 관한 입법론적 고찰

Abstract

Recently, the debate on the necessity of expanding the human rights impact assessment is increasing in order to eliminate or minimize the basic infringement of human rights before the implementation of national plans and projects. Impact Assessment of Human Rights Impact Assessment was first discussed in the field of environment, and it started from impact assessment system, that is, environmental impact assessment system, introduced and operated in the field of environment in order to realize sustainability, which is a joint task in international society and country. Since then, numerous impact assessments have been applied and operated in order to evaluate the specific effects in each field in advance and to eliminate or minimize the negative effects. Above all, the purpose of establishing and operating the human rights impact assessment is to ensure that the freedom and rights of individuals from the state should be protected and respected. In this regard, the Human Rights Impact Assessment System focuses on how to realize and guarantee constitutional values such as basic principles and national tasks that the Constitution adopts, such as individual basic human rights specified in the Constitution. It should be possible to eliminate or minimize the negative adverse effects and the ripple effects on basic human rights guaranteed to individual citizens and to maximize the positive effects. However, in spite of the growing need to expand the human rights impact assessment in various fields, it is necessary to clarify what the human rights impact assessment system clearly means. There is a lack of description and content of the details of what should be done. In addition, there is an increasing need to be expanded and operated in order to prevent violations of individual human rights in various fields in advance. In the course of institutionalization, evaluation subjects, evaluation areas, evaluation subjects, evaluation standards, etc. Accordingly, in a situation where the risk of infringement of human dignity, freedoms and rights of individuals is raised in various fields by the state or sign, the system of human rights impact assessment system is focused on prevention of infringement and protection of human rights in advance It is increasingly necessary to legislate and systematize human rights impact assessments and expand them. Therefore, in this study, the human rights impact assessment system realizes and implements the constitutional values such as the dignity and value of human being, the dignity, freedom and rights of individuals guaranteed by the Constitution and various individual fundamental rights as well as basic constitutional principles and constitutional issues. This study focuses on institutionalization so that the human rights impact assessment system can be operated to realize the constitutional values by examining the operational status and problems of the human rights impact assessment.