아동권리 침해대응 및 권리보장을 위한 국제 비교연구 - 스웨덴, 일본, 미국을 중심으로 -

Abstract

This study focuses on Sweden, Japan, and the United States to compare and examines how the Children’s Ombudsperson system operates in each country. We analyzed the policies of each country and drew suggestions of specific policies for Children’s Ombudsperson system in the Republic of Korea. The research methodology was based on the background, legal and institutional basis, composition and expertise, roles and finances of the Children’s Ombudsperson system. The analysis results of each country are as follows:First, Sweden emphasizes children as subjects of rights, and gives them autonomy to participate in democratic decision-making processes. Second, the government fulfills its direct responsibilities and obligations to children through national responsibilities and decentralization, creating a structure that ensures the local government’s autonomy and mutual cooperation. Third, it ensures children’s rights to participate, and are empowered to participate, in sustainable decision-making processes, not just one-off events. Fourth, the Children’s Ombudsperson monitors and improves polices and services. First, in Japan, Children’s Ombudsperson operates under a self-governing ordinance. Second, the main tasks of the Children’s Ombudsperson are relief and support for child rights violations, human rights advocacy, complaint counseling, and investigation and mediation. Third, the organizational structure of the Office of the Children’s Ombudsperson typically consists of three to five staff members. They are appointed by the mayor or governor for a term of two to three years, and can be reappointed. Forth, some local governments have up to 40 to 60 days to report on investigations and remediation requests. First, Children’s Ombudsperson of the United States conducts its activities independently and autonomously. Second, its establishment and operation must be approved by the state’s legislature and government. Third, some states oversee child welfare policies and services or provide legal assistance as advocates in the judicial process. Based on these research results, we suggest establishing a clear legal basis for operating the Children’s Ombudsperson system. Creating an environment where children can participate in national and/or local government policies, securing a stable budget, independent authority, and establishing a system to respond to violations of children’s rights.