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> 이화여자대학교 법학연구소 > 법학논집 > 6권 1호

여성(女性)의 프라이버시권리(權利) -미성년자(未成年者)의 피임(避姙), 낙태(落胎), 매춘(賣春)을 중심으로-

THe right to privacy of Women -Centering on the Minor`s Contraception, Abortion, Prostitution-

최희경 ( Hee Kyung Choi )

- 발행기관 : 이화여자대학교 법학연구소

- 발행년도 : 2001

- 간행물 : 법학논집, 6권 1호

- 페이지 : pp.45-66 ( 총 22 페이지 )


학술발표대회집, 워크숍 자료집 중 1,2 페이지 논문은 ‘요약’만 제공되는 경우가 있으니,

구매 전에 간행물명, 페이지 수 확인 부탁 드립니다.

5,700
논문제목
초록(외국어)
This article aims to seek for the solution of the problems like minor woman`s contraception, abortion, prostitution by examining the women`s right to privacy first, and then the major cases and theories of the U.S. Women`s right to privacy of which constitutional status is different from that of men in terms of physical characteristics, social roles, experience, etc. and to protect such right by developing the legal theory for the protection of right to privacy. In the U.S., the right to privacy has been acknowledged by the tort theory under the Common Law tradition. It was, in its initial stage of development, considered as Privacy interest on an individual basis and has included rights of contraception, abortion, refusal to medical treatment, etc. after the Supreme Court acknowledged the right of contraception at the decision of Griswold in 1965. The right to privacy has been developed as a constitutional right to include the right to decision and the right to personal secrecy even though the constitutional status has been changed and raised some criticism. This article contains the review on whether the restrictions on minor women`s rights are legitimate, with regard to the limit of the women`s right to privacy. First, the contraception problems. Carey v. Population Services International case has made to acknowledge the right of the minor`s contraception as the right to privacy as like adult women. Second, the abortion problems. The minor women`s right of abortion have been accepted as legal right as like adult women`s by Planned Parenthood v. Danforth case, 1976. Yet recently, Lots of states statutes describe the right with regard to parental notification and consent and judicial bypass procedures. The content of these statutes, however, violate the privacy of the minor women neglecting the interest of them and the special character of abortion decision. Third, the prostitution problems. The privacy to decide to prostitute has never been accepted and is is not worth to the constitutional protection. So, the minor women`s privacy right to prostitute would be denied. In Conclusion, the minor women have the privacy right to contracept, and to abort and have not the privacy right to prostitute, as the major women. To acknowledge the privacy right of women, it is important to regard the scope of "women" containing the role of motherhood, social meaning of the acts like prostitution, abortion and contraception, and the physical characteristics more than the division of majors and minors.

논문정보
  • - 주제 : 사회과학분야 > 법학
  • - 발행기관 : 이화여자대학교 법학연구소
  • - 간행물 : 법학논집, 6권 1호
  • - 발행년도 : 2001
  • - 페이지 : pp.45-66 ( 총 22 페이지 )
  • - UCI(KEPA) : I410-ECN-0102-2013-360-002507471
저널정보
  • - 주제 : 사회과학분야 > 법학
  • - 성격 : 학술지
  • - 간기 : 계간
  • - 국내 등재 : KCI 등재
  • - 해외 등재 : -
  • - ISSN : 1226-2005
  • - 수록범위 : 1996–2019
  • - 수록 논문수 : 784