A Study on the Public Awareness Towards Children’s Rights to Live in Better Environments - Based on the Analysis of Decision Cases of the National Human Rights Commission of Korea

다국어 초록 (Multilingual Abstract)

International Convention on Children is a guide to child human rights in the international community. In addition, the NHRC's decision on children's human rights implies social changes in children's human rights, and such legal and policy changes can lead to changes in people's perceptions and lead to real human rights improvements for children when they spread. The purpose of this study is to apply integrated thinking to this problem and contribute to the improvement of children's rights through the use of original policies. The international community and South Korea's National Human Rights Commission are giving guidelines on child human rights through various conventions and precedents. The decisions of the International Convention and the Human Rights Commission imply a change in the perception of children's human rights. In the case of corporal punishment, the child's body infringement was judged from a consistent position. In the case of hairstyle restrictions, the Human Rights Commission ruled that it was an infringement of personal rights under the Constitution. Furthermore, it was found to infringe on the right to express and self-determination of Individuality. In terms of discipline in schools, procedural child human rights, which were easily ignored in the past, were also emphasized. It should not infringe upon the right to learn or guarantee opportunities for argument when investigating violent issues. According to the research, various policy improvement measures, such as the recommendation of the NHRC and introduction of acceptance indexes, were not effective in cases involving children's human rights. Rather, it is necessary to educate children and parents on the basis of human rights. In addition, the NHRC believes that it is also important to focus on laying the foundation for improving the awareness of the human rights such as completing human rights education, rather than merely administrative measures when cases of child human rights violations occur. In terms of child human rights, the National Human Rights Commission of Korea should also become an institution that realizes the principle of banning intrusions under Article 37(2) of the Constitution. In order to actively guarantee children's human rights, it is also expected that the National Human Rights Commission's recommendation for correction can be a corrective order for the Ministry of Justice. There was a correction order from the NHRC on issues that did not give the perpetrator of school violence an opportunity to state his opinion. The latest issue, which has changed the district court's ruling, is meaningful. Changes in international standards on child human rights are meaningful in that they can be reflected in the domestic laws, although there are some declarative aspects. It should also be noted that the National Human Rights Commission's decision on child human rights will bring about changes in public perception and actively reflect in court rulings.

참고문헌 (Reference)

1 이준일, "차별, 소수자, 국가인권위원회" 한국헌법학회 18 (18): 177-222, 2012

2 이국운, "국가인권위원회 10년의 평가와 전망 : 헌법정치학의 관점에서" 한국헌법학회 18 (18): 143-176, 2012

3 "www.welfarenews.net"

4 "https://www.unicef.org.uk/what-we-do/un-convention-child-rights/"

5 "https://www.un.org/sustainabledevelopment/gender-equality"

6 "https://www.un.org/en/universal-declaration-human-rights/"

7 "https://www.news1.kr/articles/?3826416"

8 "https://www.ibabynews.com"

9 "https://resourcecentre.savethechildren.net/library/united-nations-guidelines-prevention-juvenile-delinquency-riyadh-guidelines-ares45112"

10 "https://news.mt.co.kr/mtview.php?no=2019050502188283899"

11 "https://journals.sagepub.com/home/chd"

12 "http://star.hankookilbo.com/"

13 "http://incrc.org/eng/"

14 United Nations, "Universal Declaration of Human Rights" 1948

15 OHCHR, "UN Convention on the Rights of the Child"

16 United Nations Children's Fund, "The state of the world's children 2016: A fair chance for every child" UNICEF 2017

17 Lee Noh Hong, "The International trend on the protection of children's right under UN CRC and its optional protocols –focusing on the 3th Optional Protocol to CRC on a Communication Procedure" Korea Legal Research Institute 2013

18 Brantefors, L, "Teaching and learning traditions in children’s human rights" 25 : 2017

19 United Nations, "Sustainable Development Goals" 2015

20 Kallio, K.P, "Politics, Citizenship and Rights" Springer Singapore 2015

21 OHCHR, "Optional Protocol to the Convention on the Rights of the Child on the Sale of Children, Child Prostitution and Child Pornography"

22 C. Raj Kumar, "National Human Rights Institutions: Good Governance Perspectives On Institutionalization Of Human Rights" 19 : 259-, 2003

23 NHRCK Gangwon Human Rights Office, "National Human Rights Commission Decisions on Children’s Rights" 2017

24 Robinson, C, "Human rights education:Developing a theoretical understanding of teachers’ responsibilities" Educational Review 2018

25 Pemberton, S. A, "Human rights and social policies for children and women:The Multiple Indicator Cluster Survey (MICS) in practice" New School University 2005

26 "Human Rights Violation During School Violence Investigation, NHRCK Decision, May 27, 2019, Anonymous Decision(18JinJeong0368700)"

27 Lisa Isenstrom, "Governing rationalities in children’s human rights education" 100 : 2020

28 Burridge, N, "Educating teachers about human rights: Building a rights based culture in Australian schools" 45 (45): 2017

29 Yong Jin Kyung, "A study on design insight methodologyusing Integrated thinking" Hanyang University Graduate School 2018

30 Kwon Young-Bok, "A constitutional Review on the Children’s Rights" Dongguk University Graduate School 2001

31 Didier Reynaert, "A Review of Children’s Rights Literature Since the Adoption of the United Nations Convention on the Rights of the Child" 2009