National Assembly. Korea became the 102nd party to the Optional Protocol to the UN CRPD.
The Optional Protocol to the UN CRPD includes 18 articles, including the individual
notification system that enables persons with disabilities to seek remedies for their rights
through the UN Committee on the Rights of Persons with Disabilities and the right to
investigate by the Committee on the Rights of Persons with Disabilities when the rights of a
person with disabilities have been violated under the CRPD, but cannot be remedied by
domestic laws or systems. The ratification of the Optional Protocol to the UN CRPD is
expected to serve as a basis for promoting the human rights of persons with disabilities.178)
In Sep. 2022, the UN Committee on the Rights of Persons with Disabilities 79
recommendations for each article of the UN CRPD to the Korean government.179) The
recommendations include enacting a comprehensive anti-discrimination law and adopting
a strategy to eliminate such discrimination, reviewing the ‘Roadmap to Support
Deinstitutionalization of Persons with Disabilities’ in consultation with the disabled groups,
and guaranteeing sufficient budget according to the agreement. etc.
The Constitution stipulates that “all citizens shall be equal before the law, and there shall
be no discrimination in political, economic, social, or cultural life on account of sex,
religion, or social status,” and discrimination on the grounds of disability is prohibited
through the Act on the Prohibition of Discrimination Against Persons with Disabilities and
Remedy Against Infringement of Their Rights. However, even in 2022, there were still
unresolved limitations regarding the human rights of the disabled. Below, we will look at the
major status, the significance and review future tasks among the cases related to the human
rights of persons with disabilities in 2022.
178) Statement by the Chairperson of the National Human Rights Commission of the Republic of Korea on Welcoming
the Ratification of the Protocol to the UN Convention on the Rights of Persons with Disabilities, Dec. 18, 2022.
179) The CRPD requires that each country prepare a “national report” on the human rights of persons with disabilities
once every four years and submit to the UN Committee on the Rights of Persons with Disabilities. The final opinion
of the UN Committee on the Rights of Persons with Disabilities is a recommendation in nature to ensure that the
UN CRPD is well implemented.
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