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Necessity of Enactment of the Framework Act on the Rights of the Child and It’s Essential Contents: Measures to Enhance the Systematic Coherence and Rights-Oriented Integrity of Legislation Related to Children and Adolescents

  • Journal of Human Rights Studies
  • Abbr : JHRS
  • 2022, 5(2), pp.27-65
  • DOI : 10.22976/JHRS.2022.5.2.27
  • Publisher : Korean Association of Human Rights Studies
  • Research Area : Social Science > Law > Law of Special Parts > Human Rights / International Human Rights Law
  • Received : October 20, 2022
  • Accepted : December 9, 2022
  • Published : December 31, 2022

YI, ZOON IL 1

1고려대학교

Accredited

ABSTRACT

The Constitution does not explicitly use the term ‘child’. The expression ‘adolescents’ used in the Constitution is used as it is in various laws and regulations, and at the same time, the expression ‘child’ is also used, so a systematic interpretation of the two concepts is inevitable. However, problems of conceptual ambiguity and systematic inconsistency still arise as the concepts of children and adolescents are used at the same time. Therefore, as a legal concept, a child is unified as a person under the age of 18 (under the age of 17) and used as the same concept as a minor. It is necessary to use the parallel expression of ‘children-youth’ to tie children and youth together, only when there is a need to govern children and youth in the same law. In addition, systematizing legislation that specifies children’s rights with a focus on governed objects related to children will enhance the systematic coherence of such legislation. In order to improve the systematic coherence of child-related legislation while confirming the principle that children are subjects of constitutional rights and to construct a system of child-related legislation centered on children’s rights, it is necessary to enact the ‘Framework Act on the Rights of the Child’. The Act should specify the fact that children are subjects of constitutional rights, and enumerate liberty, equality, and social rights as children’s rights. In particular, the right to birth registration, the right to nationality, the right not to be separated from the parents, the right to participate in decision-making related to the child, the right to freedom of expression, the confidentiality of privacy, and the freedom of communication, etc. need to be specified in the ‘Framework Act on the Rights of the Child’.

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