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A Study on the Protection of Child Abuse Victims in Austria Based on International Conventions

  • Legal Theory & Practice Review
  • Abbr : LTPR
  • 2019, 7(3), pp.73-92
  • Publisher : The Korea Society for Legal Theory and Practice Inc.
  • Research Area : Social Science > Law
  • Published : August 30, 2019

Han, Jong-Wook 1

1대전지방경찰청

Candidate

ABSTRACT

The harm of child abuse can last a lifetime and many victims of actual child abuse live with aftereffects even after they reach adulthood, so they need special attention through criminal justice procedure as social underdogs. We fully understood that the European Convention on the Rights of the Child, the European Convention on Human Rights and the European Convention on Criminal Justice and the Treaty of Cooperation were fully reflected in the domestic law to ensure that children's criminal justice rights in Austria through this review. In particular, the medical institution actively protects child abuse victims through delicate systems such as the expansion of psychological, social, and legal awareness as well as the consideration of children's welfare and the right to receive information in the investigation, as well as the expansion of criminal and remote virtual investigations that take care of victims in accordance with the criminal procedure. In addition, the most important issue in the system regarding victims of crimes, such as the abuse of the lower body, as identified by international conventions and the Austrian system, is how to ensure that children enter the procedure of consent with the victims in the optimal way rather than whether they should testify in court. Only when a child enters criminal proceedings in any environment in any way should the system fully reflect the existing legal principles of ensuring the defendant's right to defend and whether the protection of the child should be well enough. After all, related organizations such as the police, the prosecution, the court, the National Assembly, and the institutions specializing in child abuse victims' protection need to understand the current trend of concern regarding the child abuse victims' protection system, along with the traditional alternative of specialization of manpower to handle the improved system well. And child abuse victims should be reverted by post-monitoring, such as whether they are properly treated and protected after the incident. When we even establish a comprehensive problem-solving system, ranging from the medical, welfare and proper treatment of child abuse victims identified in criminal procedures, our society will be able to approach an essential solution to the problem of child abuse.

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