NATIONAL HUMAN RIGHTS COMMISSION OF KOREA
Submission to the Committee on the Rights of Persons with Disabilities – July 2022
2021). In addition, the government gradually augments foundations to guarantee
the right of persons with disabilities by enforcing the Act on the Improvement of
Mental Health and the Support for Welfare Service for Mental Patients(hereinafter
referred to as “Mental Health and Welfare Act”) on May 29, 2017, which
strengthens requirement and procedure of involuntary hospitalization. Recently,
the reservation of Article 25 Subparagraph (e) of the Convention was
withdrawn(approved by the President on December 14, 2021), and it is also
welcomed that the proposal for ratification of the Optional Protocol has passed
the Cabinet Meeting(December 12, 2021) to undergo the process for approval of
the National Assembly. However, efforts are required for the actual ratification of
the Optional Protocol as the approval at the National Assembly is being delayed.
ㅇ In spite of those efforts and positive achievements of the government, the National
Report submitted by the government has several limitations. First, reasons that
delay the implementation of the Convention due to legal enforcement or practice
are not sufficiently described, and optional rules and legal provisions which bear
only theoretical significance are often cited as examples of compliance with the
Convention, thus failing to provide an accurate explanation of the human rights
status of persons with disabilities in Korea.
ㅇ Second, the Guidelines demand that statistical data should be presented for the
comparison and confirmation of the implementation of the States’ obligations and
the protection of rights of persons with disabilities corresponding to respective
articles of the Convention. However, the National Report does not provide
sufficient data necessary for the analysis of the human rights status of persons
with disabilities or implementation status as it failed to provide data in relation to
education, labor, and employment of persons with disabilities or tended to provide
the overall status of supply and size from the government’s perspective.
ㅇ Third, although the budget is what shows government’s commitment to policy, the
report barely mentions budget.
ㅇ The purpose of the National Report should be about reviewing the level of
compliance of domestic laws with the Convention and identify issues associated
with the implementation of the Convention and areas to improve, so as to set the
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