Exclusion of queer films from screening and refusal of subsidy support constitutes discrimination based on sexual orientation
-Recommendation to the head of the relevant local government to implement measures to prevent recurrence and provide human rights education -
□ The National Human Rights Commission of Korea (hereinafter referred to as the “NHRCK”) recommended that the Mayor of □□□□ (hereinafter referred to as “Respondent 1”) on December 2, 2024, prepare measures to prevent recurrence to ensure that discrimination, such as the refusal of subsidy support based on sexual orientation, etc., does not occur, and provide human rights education to management-level employees.
□ The complainant (a women’s rights group) applied for the 2023 ◇◇Women’s Film Festival project contest of □□□□ City (hereinafter referred to as the “respondent institution”) and was selected as the project operator. However, the head of the division in charge of the respondent institution (hereinafter referred to as “Respondent 2”) requested the complainant to submit a list of films to be screened in advance and to exclude content that is controversial, such as queer content. In this process, the complainant filed a complaint with the NHRCK, stating that the Respondent 2 made discriminatory and harmful remarks about sexual minorities, such as “not all citizens agree with homosexuality” and “incorrect coming-of-age ceremonies could occur for children whose gender identity is not established.”
□ In response, the respondent institution stated that the ◇◇Women’s Film Festival is a project implemented with the aim of realizing gender equality, where the majority of ordinary citizens can participate and empathize with through films. The organization further argued that while there are individuals who identify as homosexual or who support homosexuality, there are also citizens who oppose homosexuality or identify as other marginalized groups such as those who “no longer identify as gay”. Therefore, they claimed the request was intended to ensure neutrality and avoid favoring or excluding any group.
□ The NHRCK’s Committee on Discrimination Remedy (Committee Chair: Standing Commissioner Nam Kyusun) stated that the state and local governments have a responsibility to protect the human rights of socially vulnerable individuals and to address discrimination and prejudice against minorities. Therefore, even if conflicts and disagreements arise due to differing opinions among groups, the state and local governments must protect social minorities from unreasonable discrimination and oppression and strive to eliminate unjustified prejudice and hostility toward minorities. The Committee determined that prohibiting the screening of queer films on the grounds of potential complaints could exacerbate discrimination against socially vulnerable and minority groups, such as sexual minorities, and restrict their freedom of expression.
As a result, the respondent’s request that the complainant exclude queer films from the ◇◇Women’s Film Festival and the subsequent failure to approve the subsidy project’s implementation plan due to the complainant’s refusal to comply with the request were deemed violations of the right to equality guaranteed by Article 11 of the Constitution on the grounds of sexual orientation.
□ On the other hand, it was determined that the remarks made by Respondent 2 did not infringe on the right to personality, as no specific individual or identifiable harm was evident. Furthermore, although Respondent 2 played a leading role in requesting the exclusion of queer films, no separate action was taken, considering that Respondent 2 had retired.
