Opinions on the first National Report of
Korea on the Convention on the Rights of
Persons with Disabilities
Guardianship System. This is a problem which undermines the legislative
purport of the Guardianship System.
③ The ability to make a decision, which is the evaluation criterion of persons to
be subject to the Guardian System tends to change over time, vary depending
on what matters are there to decide and improve through treatment. However,
the aforementioned disqualifying provisions unilaterally limit or deprive of
qualifications and make it difficult to recover them.
2) Recommendation
The Guardian System should be operated in ways to let persons with disabilities
make decisions on their own. To that end, existing legal provisions unilaterally
disqualifying persons with disabilities as incompetent persons should be
abolished and alternative legislations should be enacted which serve the purport
of the Guardian System.
8.
Article 14. Liberty and security of the person
8.1
Hospitalization and human rights of persons with a psychosocial
disability
1) Current status and problems
① According to the 2012 Business Report of National Mental Health Commission,
the number of inmates in domestic mental healthcare institutions for persons
with psychosocial disabilities was 80,569, among whom 61,128 persons or
75.9% were involuntarily hospitalized. The rate of forced hospitalization of
persons with psychosocial disabilities in Korea was higher than that of other
advanced countries which stands below 20% (Germany 17.7%, UK 13.5%,
France 12.5%), and the period of hospitalization was also longer, 247 days,
than other countries (UK 52 days, France 35.7 days, Germany 26.9 days).
NATIONAL HUMAN RIGHTS COMMISSION OF KOREA
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