아동권리협약의 이행과 우리법의 정비

Abstract

Everyone is entitled to all the rights and freedoms set forth therein, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status. In particular, the child, by reason of his physical and mental immaturity, needs special safeguards and care, including appropriate legal protection, before as well as after birth. The former international treaties had been usually treated the child as the object of protection. However, in 1990, the CRC recognized the child(For the purposes of the present Convention, a child means every human being below the age of eighteen years unless under the law applicable to the child, majority is attained earlier) is the active subject of rights. The convention had been ratified by every 193 countries in the world. States Parties shall undertake all appropriate legislative, administrative, and other measures for the implementation of the rights recognized in the present Convention. States Parties undertake to submit periodically to the Committee, through the Secretary-General of the United Nations, reports on the measures they have adopted which give effect to the rights recognized herein and on the progress made on the enjoyment of those rights. Since joining the CRC in 1991, our country has been trying to implement this convention. Furthermore, National Human Rights Commission of the Republic of Korea was founded in 2001, there have been many decisions on the child's rights abuse. Also, both the Supreme Court and the Constitutional Court have been given hundreds of thousands of decisions on the child's rights violations every year. The results of this kind of effort, the related regulations for implementation on the recommendations of the Committee on the Rights of Child are being modified. And then two Optional Protocols took effect in 2004. One is "Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict : CRCOPAC", and the other is "Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography: CRCOPSOC". States Parties shall take all feasible measures to ensure that members of their armed forces who have not attained the age of 18 years do not take a direct part in hostilities. And States Parties shall prohibit the sale of children, child prostitution and child pornography as provided for by the present protocol. Repulic of Korea is especially advised to protect the rights of the child victims, to prevent and prohibit the sale of children, child prostitution and child pornography. Some of those recommendations have already been legislated, and others are reserved. By doing this, the Committee on the Rights of the Child is expressing concern. States Parties recognize the right of every child to a standard of living adequate for the child's physical, mental, spiritual, moral and social development without any discrimination. When parents and legal guardians work together with States Parties to respect and ensure the rights of the child, it will be finally achieved the goals of CRC.