女性의 프라이버시權利-未成年者의 避姙, 落胎, 賣春을 중심으로

Abstract

This article aims to seek for the solution of the problems like minor woman's contraception, abortion, prostitution by examining the women's right to privacy first, and then the major cases and theories of the U.S. Women's right to privacy of which constitutional status is different from that of men in terms of physical characteristics, social roles, experience, etc. and to protect such right as well the existing rights of women, in oder to for them to enjoy their fundamental rights by developing the legal theory for the protection of right to privacy. In the U.S., the right to Privacy has been acknowledged by the tort theory under the Common Law tradition. It was, in its initial stage of development, considered as Privacy interest on an individual basis and has included rights of contraception, abortion, refusal to medical treatment, etc. after the Supreme Court acknowledged the right of contraception at the decision of Griswold in 1965. The right to privacy has been developed as a constitutional right to include the right to decision and the right to personal secrecy even though the constitutional status has been changed and raised some criticism. This article contains the review on whether the restrictions on minor women's rights are legitimate, with regard to the limit of the women's right to privacy. First, the contraception problems. Carey v. Population Services International case has made to acknowledge the right of the minor's contraception as the right to privacy as like adult women. Second, the abortion problems. The minor women's right of abortion have been accepted as legal right as like adult women's by Planned Parenthood v. Danforth case, 1976. Yet recently, Lots of states statutes describe the right with regard to parental notification and consent and judicial bypass procedures. The content of these statutes, however, violate the privacy of the minor women neglecting the interest of them and the special character of abortion decision. Third, the prostitution problems. The privacy to decide to prostitute has never been accepted and it is not worth to the constitutional protection. So, the minor women's privacy right to prostitute would be denied.