National Human Rights Commission of Korea Annual Report 2019
The Ministry of Health and Welfare and the Minister of Agriculture, Food and Rural Affairs
both accepted the recommendations.
E. Institutional Improvement Recommendation to Guarantee the Right
to Childcare for Migrant Children
With a view to guaranteeing the rights of every child residing in Korea, the Commission on May
2 recommended the Minister of Health and Welfare to adopt in the Child Care Act the provisions
to amend Article 34 of the Child Care Act and other relevant statutes to guarantee all infants,
The continuously growing population of migrants has evoked attention to childcare service
support for migrant children and their right to education. However, migrant children have so far
been excluded and discriminated against on the ground that they don’t have Korean nationality.
The overall amendment to the Child Care Act in 2013 expanded the scope of child care
subsidy from children of low-income households, children with disabilities, and children from
multicultural families to every preschool children who have not yet attained the age of six. As
a result, every household with a child who is less than six years old has become eligible for the
subsidy regardless of income. However, migrant children have been excluded from this benefit as
beneficiaries must be a Korean national with a resident registration number. Migrant parents who
cannot afford to send their child to preschool leave the child alone at home while they are at work
or take them to their workplace where conditions are usually poor at the risk of their child’s safety
and health.
The Commission is continuously working with the Ministry of Health and Welfare to ensure
that the recommendation is implemented, in line with the emphasis that “States parties are obliged
to ensure that migrant children, irrespective of their migration status, have complete access to all
levels of education, including preschool” in the Joint General Comment on the Human Rights of
Children in the Context of International Migration by the Committee on the Rights of the Child
and the Committee on the Protection of the Rights of All Migrant Workers and Members of Their
Families.
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Key Activities
including migrant children, the right to childcare, and to revisit the Guide to Childcare Programs.
Part 2
on the duties of the state and local governments in the Convention on the Rights of the Child,