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 15

Select target paragraph3