아동권리의 측면에서 본 아동, 부모, 국가간의 3 자 관계와 아동의 최선의 이익

• 영문명: Children, Parents, and State's Relationship In the View of Children's Right And Children's Best Interest
• 발행기관: 한국아동가족복지학회
• 저자명: 윤혜경(Hye Kyung Yun)
• 간행물 정보: 『한국가족복지학』Vol.2 No.2, 49~60쪽, 전체 12쪽
• 주제분류: 사회과학 > 사회복지학
• 파일형태: PDF
• 발행일자: 1997.11.30

국문 초록

Children become the object of research in pedagogy, psychology, medicine, and law. If the question of why children matter is raised, a familiar rationale would be that they are the future of our society, and discussion is focused on the suffering and deprivation during the years of childhood. But we should not regard it as only the object of protection or of care. In this paper I have generally inquired into the status and the rights of children in the relationship of parents and state. And the children's best interest is the major topic in these issues. In the view of children's best interests, children's law necessarily balances the interests or social claims of three atakeholders: the independent interests of child in a safe, supportive environment which respects appropriate choice rights; the family through deference towards its autonomy in childrearing; and the state with its historic parents patrae role of being the parent of last resort and protector of dependent of vulnerable people. For the children's best interests the right of self-examination should be acknowledged or extended to children.