recognize what deinstitutionalization is, so there are cases in which they cannot express their
opinions even though they do not want deinstitutionalization, and if deinstitutionalization is
forced on these people under the pretext of guaranteeing them the right to choose a place to
live, it is rather a violation of their right to choose and therefore constitutes a violation of
human rights. Moreover, some also argue that people with severe disabilities are unable to
live independently and may face even greater risk from deinstitutionalization. Even if there
are acquaintances who help the disabled, such as parents, it is difficult to completely prevent
unexpected accidents because it is impossible to be around 24 hours a day, unlike a specialist
in a facility for the disabled.
C) Need for a Continuous Communications and Efforts
Article 19 of the UN Convention on the Rights of Persons with Disabilities (Living
independently and being included in the community) stipulates that all persons with
disabilities have the right to live in the community on an equal basis with others, without
isolation or segregation from the community. Moreover, States have the obligations to
ensure that persons with disabilities have effective and appropriate access to in-home and
residential, and other community support services, including appropriate measures to
facilitate full enjoyment and full inclusion and participation in the community.
In Aug. 2022, the UN Committee on the Rights of Persons with Disabilities expressed
concerns about the Korean government's policy on persons with disabilities in its second and
third concluding observations on the Korean government, and made a total of 79
recommendations. In particular, the recommendations for the ‘deinstitutionalization’
included “strengthening the implementation of deinstitutionalization strategies for adults
and children with disabilities in residential facilities and improving the availability of
community-based services” and “consult with disabled groups to review the ‘Roadmap to
Support Deinstitutionalization of Persons with Disabilities’ and ensure sufficient budget and
other measures pursuant to the agreement.”
Focusing on the Ways to Review and Improve the Proposed ‘Act on Support for Deinstitutionalization of the
Persons with Disabilities’」, 『Treatise on Labor Law』, The Korea Society of Comparative Labor Law, Aug. 2022.
73
اختر الفقرة المستهدفة3
الاتصال بفقرة
Connect to an entity
Disable highlights
أضف إلى جدول المحتويات