How can the Roles of the Central Government and Local Autonomous Entities be Functionally Divided in Order to Better Protect and Enhance Human Rights in Korea?

서지정보

· 발행기관 : 세계헌법학회한국학회
· 수록지 정보 : 세계헌법연구 / 21권 / 1호 / 165 ~ 195페이지
· 저자명 : 이상경

초록

As the modern welfare state has come and people have become to treasure the quality of life, it seems true that states have taken on the significant responsibility of protecting the human rights of their citizens. In protecting and enhancing human rights, the role of the central government in Korea is critical for the role of the central government that has lead efforts to legislate a framework act on human rights policies has been critical in implementing policies that increase the overall level of human rights protection in the country. In case the central government sets basic policy guidelines for human rights, and supports and oversees the local autonomous entities’ action plans for protecting and enhancing human rights, it becomes possible to establish coherent and consistent human rights protection plans throughout the country. However, the role of the local autonomous entities is equally important in protecting and enhancing human rights. Local governance is a system that promotes democratic and efficient local governing administration in that it increases the self-autonomy of local citizens and thus well aligns with the ideals of liberal democracy that value liberty and responsibility. Hence local governance can significantly enhance and promote the human rights in local areas. Furthermore, since the local autonomous entities are institutions to realize the ideals of grassroots democracy, it can be said that they are human rights friendly. Therefore, it would also be desirable that they conduct the task of implementing human rights protection action plans. In this regard, very examples that the local autonomous entities can carry out for human rights protection are human rights indexes, human rights impact assessment, human rights education programs, and so forth. This article focuses comprehensively on the division of the roles that the central and local autonomous entities can play for human rights protection. Although the division of labor between the central and local autonomous entities cannot be always clear cut, this article tries to suggest that the central government provides the broad framework and carries out the role of supervision and control. In addition, this article suggests that normative foundation, such as the Framework Act on National Human Rights Policies needs to be in place in order to do so. This article suggests that the enactment of the framework act is necessary so that it can become the basic legislative framework based on which the government can actively fulfill its role of promoting human rights as required by the human rights norms of modern society. Once the central government establishes such a framework the local autonomous entities shall be able to create citizens friendly and participatory action plans. The local autonomous entities need to continuously seek ways to promote and enhance human rights protection by initiating programs such as human rights grievance programs, resident members participatory human rights committees plans, and human rights experience center programs. Ultimately this article emphasizes functionally divided roles and a cooperative and systematic relationships between the central government and local autonomous entities, which will contribute to the enhancing and promoting the overall quality of human rights as well as reduce the gap in human rights protection in the country.

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