Information on the Implementation of
the Convention on the Rights of
Persons with Disabilities in the Republic of
Korea
9.
Article 14. Liberty and security of the person
9.1
Limited access to remedies for facility inmates due to limited claims for
relief under the Habeas Corpus Relief Act
1) Current status and problems
① With the enactment of the Habeas Corpus Relief Act, swift and useful remedy
procedures have been set up against illegal restrictions of the human body,
but its lack of promotion is resulting in a low level of demand for relief. In order to protect a person with psycho-social disability who has been cut off
from outside communication from unlawful institutionalization or extended
hospitalization due to a repeated re-admission to hospitals, the range of
claimants for relief must be expanded. Currently, the Habeas Corpus Relief
Act defines claimants for remedies as the facility inmate, his or her legal representative, guardian, spouse, lineal blood relative, siblings, cohabitant, employer and workers of institutionalization facilities, but a third party (for example, an individual or organization aware of the unlawful institutionalization)
does not have the right to file for remedy.
② The Initial Report does not mention the limits of the Habeas Corpus Relief
Act, nor provide information on the current status of court orders for remedies.
2) Recommendation
① The government should expand the range of eligible relief claimants under
the Habeas Corpus Relief Act in order to protect facility inmates, whose freedom is unjustly limited and are cut off from communication with the outside
world, from the damages of unlawful institutionalization.
NATIONAL HUMAN RIGHTS COMMISSION OF KOREA
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