인권과 흡연권

• 영문명: Human Rights and Right to Smoke
• 발행기관: 한국헌법학회
• 저자명: 박영철(Park Young-Chul)
• 간행물 정보: 『헌법학연구』憲法學硏究 第9卷 第3號, 289~314쪽, 전체 26쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2003.10.01

영문 초록

In the traditional doctrine of natural law, the rights are rights of recipience and rights against other people, the duties are duties to other people. Thus a system of duties which all men have to others, is at the same time a system of rights which all men have against others. Human rights are satisfy 3 tests - universality, practicability and paramount importance. Article 10 provides "All citizens are assured of human worth and dignity and have rhe right to pursue happiness. It is the duty of the State to confirm and guarantee the fundamental and inviolable human rights of individuals." This is the ideal of the Constitution and its core is the free making of personality. Personality is formed through interaction with individual psychology and learning. We have history, sociery, and culture, which influence us primarily through our learning as mediated by our families, peers, the media and so on. And we have evolution, genetics, and biology, which influence us by means of our psychology. These mighty forces influence our personality. Smokers have fundamental rights as right of privacy, right to health, and consumer rights.

목차

Ⅰ. 서설

Ⅱ. 인권의 의의와 판단기준

Ⅲ. 인권의 헌법적 수용

Ⅳ. 흡연권의 내용

Ⅴ. 결론

[참고문헌]

[Abstract]