Information on the Implementation of
the Convention on the Rights of
Persons with Disabilities in the Republic of
Korea
the Metropolitan Mental Health Promotion and Judgment Committee instead
of the same Local Mental Health Promotion and Judgment Committee for
cases where the hospitalization period extends more than three times, for
which the deliberation should be, as a principle, conducted face-to-face.
10. Article 16. Freedom from exploitation, violence and abuse
10.1 Prevalence of human rights violations of persons with disabilities in facilities due to an inadequate system to protect whistleblowers
1) Current status and problems
① The National Human Rights Commission Act stipulates that persons who report or file a petition against acts of human rights violations in welfare facilities for persons with disabilities and mental health facilities shall not be subject to any unfavorable treatment, but in reality, there are cases where whistleblowers were dismissed or were subject to unfavorable treatment after reporting human rights violations to the Commission. Thus, some employees
are refraining from acting even after witnessing acts of human rights violations in fear of being disadvantaged, refusing to testify in investigations by
the Commission or reversing their original testimony.
② The Act on the Protection of Public Interest Whistleblowers, which aims to
protect and support reporters of public interest, does provide stronger protection compared to the National Human Rights Commission Act. However, it
only includes a total of 180 laws, such as the Act on Promotion of the Transportation Convenience of Mobility Disadvantaged Persons, Infant Care Act,
Juvenile Protection Act, and Juvenile Activity Promotion Act, as laws subject
to violation of public interest, but excludes laws that aim to promote and protect the human rights of persons with disabilities, including the Act on Welfare
of Persons with Disabilities, Anti-Discrimination against and Remedies for
Persons with Disabilities Act, and the Mental Health Act, thereby failing to
NATIONAL HUMAN RIGHTS COMMISSION OF KOREA
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