Ⅱ. Respecting the Dignity and Value of Diverse Members of Society: 1. Efforts in Responding to Hatred and Discrimination
policy, academic research, statistical data, main administrative agencies, groups
and public support for the human rights of LGBTQ is very insufficient in Korea.
The government department responsible for LGBTQ-related policies is unclear,
and there are no official statistics or data. This indicates difficulty in improving the
human rights condition of LGBTQ in the short-term.69)
However, there are social activities to protect the human rights of LGBTQ.
Civic groups are urging the National Assembly to enact the comprehensive
anti-discrimination law and equality law still pending in the National Assembly,
and are conducting assemblies, a campaign to obtain signatures and press
conferences. Daejeon District Court held that the army’s decision to discharge
Byun Hui-su for underdoing gender confirmation (reassignment) surgery could not
be legally justified and cancelled the dismissal. Also, the NHRCK expressed
opinion and released a statement requesting the National Assembly to pass the
pending equality act,70) and recommended to provide a guideline to determine the
existence of LGBTQ in the national statistics in order to submit the problems with
the human rights of LGBTQ for policy consideration.71)
Laws and policies related to the human rights of LGBTQ are still lacking, and
only a few LBGTQ publicly disclose or inform the people around them on their
sexual identity. Therefore, a road to protecting the human rights of LGBTQ will be
long and difficult, requiring people’s continued attention and effort. No one
should suffer from discrimination, stigma and negative stereo-type for their sexual
identity, and allowing everyone to play their roles in the society as a dignified
person through the equal treatment and proactive support should be the direction
the human rights system and policy must pursue.72)
69) Korean Bar Association, 2020 Human Rights Report, 2021
70) Statement by the Chairman of the NHRCK on Nov. 10, 2021
71) NHRCK, Dec. 2021, Recommendation for the policy to improve the human rights condition of transgender
72) Human rights of LGBTQ are presented as an issue of abolishing discrimination and is closely related to the
topics in this area. Of course, the topics related to the human rights of LGBTQ need not only be written from
the context of discrimination and hatred, and may consider the issues of school education and harassment of
73
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