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KICJ Research Reports

Establishing a legal framework for the birth, care and protection of infants 사진
Establishing a legal framework for the birth, care and protection of infants
  • LanguageKorean
  • Authors Kim min ji
  • ISBN979-11-986225-8-7 93360
  • Date April 30, 2024
  • Hit116

Abstract

   In 2023, a bill to amend the Act on Registration of Family Relations and the Special Act on Support for Pregnancy in Crisis and Child Protection were passed by the National Assembly with the aim of preventing infanticide and abandonment cases and ensuring their rights. This study aims to examine the feasibility of the legislative measures by analyzing the legislative background, the main contents of the laws, and the problems encountered.

   General Comment No. 7, “Implementing child rights in early childhood,” adopted by the UN Committee on the Rights of the Child, was first introduced. The above laws, which were enacted and amended in 2023, are the main laws governing the birth, care and protection of infants and are subject to review and analysis of the domestic implementation of the Convention on the Rights of the Child. Also, General Comment No. 7, which deals with child rights issues in early childhood, is a key standard for uating and seeking ways to improve such laws along with the Convention on the Rights of the Child.

   The birth registration system, established by the Act on Registration of Family Relations of 2023, requires birth information to be submitted by the medical institution where the child was born. This information is then notified to the head of a Si/Eup/Myeon through the Health Insurance Review and Assessment Service. The birth registration system, established by the Family Relationship Registration Act of 2023, requires birth information to be submitted by the medical institution where the child was born. This information is then notified to the mayor of the city, town, or village through the Health Insurance Review and Assessment Center. However, it cannot be considered as a universal birth registration required by international human rights norms in terms of universal coverage and timeliness, and the birth notification process is somewhat unclear. There are no sanctions for non-compliance with the obligation to notify births, and measures to ensure its effectiveness need to be explored.

   The Special Act on Support for Pregnancy in Crisis and Child Protection of 2023 aims to promote the welfare of parents and children by expanding opportunities for family rearing and adoption through counseling and support for pregnant women in crisis, while ensuring the infant's right to life through anonymous birth system. The Act introduced the anonymous birth system, which allows pregnant women to give birth while concealing their identity. However, there are still issues that need to be addressed proactively, such as the abolition of the baby box. In addition, the concept of crisis pregnancy is broad and vague, and several provisions, such as the application for a surrogate for an anonymous birth system, are inconsistent with the legislative purpose and system. Furthermore, the birth certificate and disclosure request procedures under the Act do not fully guarantee the child's right to know.

   In conclusion, the Act on Registration of Family Relations of 2023 and the Special Act on Support for Pregnancy in Crisis and Child Protection of 2023 are not in line with international human rights norms such as the Convention on the Rights of the Child, and the detailed regulations are also somewhat inconsistent with the current system. Therefore, it is necessary to revise and supplement the implementation of the new system.

   In the case of the Act on Registration of Family Relations, it provided recommendations for improvements and detailed complementary measures to ensure that the family relations register maintains its status as a public register while serving as the basis for a universal birth registration system. In the case of the Special Act on Support for Pregnancy in Crisis and Child Protection of 2023, the study makes specific suggestions on the way forward and areas for improvement in order to ensure that the Act serves as a safety net to protect both women and children in times of crisis, with due attention to the child's right to be registered and the child's right to know.

   The study's proposed legislative reforms will ensure that the rights of infants under the Convention on the Rights of the Child and General Comment No. 7 are better protected, and that harmonization between the relevant legal frameworks will ensure that the newly introduced systems are implemented smoothly.

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