operation of human rights organizations and departments dedicated to human rights, objections are sometimes raised as to which tasks are specifically related to human rights and whether human rights organizations can make recommendations and comments.672) On the contrary, the concept of ‘human rights’ in the “Chungnam Human Rights Ordinance” does not pose a special problem in light of other related laws.673) Some also assert that raising issues with sexual orientation and religion in particular is an argument based on hatred, and that all administration should be based on the value of human rights.674) There are also controversies regarding the powers and legal basis of regional human rights organizations. Although it is difficult to find an explicit provision for local governments to enact human rights ordinances in relevant laws such as the current the ‘Local Autonomy Act,’ but in light of the decision of the Constitutional Court, which determined that local governments have the authority to prepare student human rights ordinances,675) it can be said that the enactment of human rights ordinances is based on the Constitution and laws. However, as the specific authority and role that human rights organizations should be granted with varies depending on the image of different regions, various conflicts and problems arise. In order to solve this problem, many are calling for an active role from the human rights organizations, such as enactment of the ‘Framework Act on Human Rights Policy’ currently proposed to the National Assembly and education and support for regional human rights organizations by the NHRCK. On the other hand, the need to analyze the roles and status of human rights organizations is also raised in order to properly establish the human rights system of local governments so that the roles and status of human rights organizations do not change according to the will of the head of the organization.676) These opinions point out the need to present the roles and “human rights” are state affairs. 672) Kim, Hyeong-nam, Achievements and Limitations of Local Government Human Rights Mechanisms, 2022 Human Rights Policy Forum Discussion Paper, Nov. 2022 673) National Human Rights Commission Act, Article 6 of the Act on the Execution and Treatment of Prisoners (Prohibition of Discrimination), Article 6 of the Act on the Execution of Punishments and Treatment of Prisoners in the Military (Anti-Discrimination), Police Officer Duties for Human Rights Protection Rules (Directive of the National Police Agency) Article 76 (Investigation of Sexual Minorities), Rules for Human Rights Protection Investigation (Directive of the Ministry of Justice) Article 4 674) Woo, Sang-yeol, “Tasks for strengthening the regional human rights system,” 「2022 Human Rights Policy Forum Materials」 Discussion Paper, Nov. 2022 675) Constitutional Court, Decided on Nov. 18, 2019, 2017HunMa1356 275

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents