National Human Rights Commission of Korea Annual Report 2020
Section 5. Legal and Institutional Efforts to Ensure
Equality and Counter Discrimination
A. Background
The Constitution provides in the Preamble that equal opportunities be afforded to every person
in all fields, including political, economic, social and cultural life, and in Article 11 (1) that “all
citizens shall be equal before the law, and there shall be no discrimination in all life.” This indicates
that equality is a key principle of the Constitution in safeguarding basic rights. Realizing equality
requires a legal foundation to prohibit discrimination in all domains of life, provide effective
remedies, and prevent discrimination.
The United Nations Human Rights Committee (2015), Committee on Economic, Social and
Cultural Rights (2009, 2017), Committee on the Elimination of All Forms of Discrimination
Against Women (2011, 2018), and Human Rights Council’s Universal Periodic Review (2008,
2012, 2017) have continuously recommended legislation of an inclusive anti-discrimination law.
At the 44th regular session of the Human Rights Council on June 30, the High Commissioner for
Human Rights urged the Korean government to introduce an inclusive anti-discrimination law
based on lessons learned from the COVID-19 response. Amid repeated calls from the international
community, legislation of an equality law in Korea would become an indicator of the country’s
national status and human rights standards.
It was found that, under the COVID-19 situation, there were increased expressed exclusion and
hate against not just social minorities but also against other groups of people to which one does
not belong, leading to deepening structural discrimination and social conflicts. In a discriminationrelated survey of 1,000 adults conducted in April, nine out of ten respondents said that “other
people’s right must be respected as much as my own rights. Nobody is free from discrimination
and I myself can always be discriminated and become a minority,” and responded that, for that
reason, “active efforts are needed to resolve discrimination.” Seven out of ten respondents said
“social conflicts will deepen unless something is done about discrimination,” while nine out of ten
said “there is a need for an anti-discrimination law.”
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