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Responsibilities of the State Parties for the Enactment of the Framework Act on the Child

  • Journal of Human Rights Studies
  • Abbr : JHRS
  • 2022, 5(2), pp.67-104
  • DOI : 10.22976/JHRS.2022.5.2.67
  • Publisher : Korean Association of Human Rights Studies
  • Research Area : Social Science > Law > Law of Special Parts > Human Rights / International Human Rights Law
  • Received : November 18, 2022
  • Accepted : December 16, 2022
  • Published : December 31, 2022

Kim Hee Jin 1

1성공회대학교

Accredited

ABSTRACT

Recently, discussions on the establishment of the Framework Act on the Child have been actively conducted. Regarding a situation where the problem of coordination across government bodies remains fragmented with child policies divided among ministries, it is an important time to examine the meaning and direction of the Framework Act on the child as the government takes the lead and announces its will to establish the legislation. Therefore, this manuscript reviews the progress of the implementation of the Framework Act on the Child so far, examines the context of the discussion and recent overseas cases, and identify that the goal of the Framework Act on the Child is to “imlement the Convention on the Rights of the Child”. Also, based on the reviews, it was proposed to build governance for the implementation of the Convention, establish independent national human rights institutions in the promotion and protection of the rights of the child(child rights ombudsperson), and propose legislative improvements that should be paralleled with the Framework Act on the Child. The Framework Act on the Child is not only a law that clarifies ideological orientation, but also means as the basis for policy enforcement to achieve the normative purpose. Above all, it is revealed that the main purpose of the plaintiff is to urge the government to clearly fulfill its responsibilities to keep in mind the establishment of the Framework Act on the Child so that this law does not stop at a declarative meaning or a half achievement, listing children’s rights.

Citation status

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