Policies Must Be Established to Guarantee the Right to Adequate Housing for Out-of-Home Youth
- Amending the Definition of "Out-of-Home Youth" Amended, Requirement for Guardian Consent for Shelter Access Removed, and Legal Grounds for Housing Support Established -
On February 2, 2026, the National Human Rights Commission of Korea (Chairperson Ahn Chang-ho, hereinafter "NHRCK") recommended that the Minister of Gender Equality and Family Affairs, the Minister of Land, Infrastructure and Transport, and the Minister of Health and Welfare establish policies to promote the right to adequate housing for out-of-home youth.
Background of the Case
Article 35 of the Constitution of the Republic of Korea stipulates that the State "shall endeavor to ensure comfortable housing to all citizens." Accordingly, the right to adequate housing is a fundamental right that every citizen should enjoy. However, concerns have been continuously raised that out-of-home youth are not recognized as subjects of this right, often being excluded from housing protection or receiving inconsistent support based on the specific reasons for their separation from their guardians.
Recommendations
In response, the NHRCK recommended that the Minister of Gender Equality and Family Affairs amend the definition of "out-of-home youth" in the Youth Welfare Support Act to include youth who choose not to reside at home of their own volition. The Commission also urged that regulations clearly state that guardian consent is not required for those wishing to enter youth shelters. Furthermore, while recommending the expansion of youth shelters and self-reliance support centers, the Commission advised developing gender-sensitive housing support measures to prevent sexual violence and exploitation against female youth.
Additionally, the Commission recommended that the Minister of Health and Welfare amend relevant laws, such as the Child Welfare Act, to ensure that youth aged 15 or older remain eligible for self-reliance support even if they leave facilities like youth shelters before their scheduled discharge.
The NHRCK also recommended improving the current system, which requires notifying guardians of a youth's presence in a shelter even when domestic violence prevents their return home. The Commission called for establishing a legal basis to protect youth in facilities based on their own will, regardless of a guardian's objection.
Furthermore, the Commission recommended that the Minister of Land, Infrastructure and Transport amend relevant laws, such as the Framework Act on Housing, to establish a legal foundation for providing appropriate housing support to youth outside of family care, including measures to grant youth under 19 access to public rental housing. The NHRCK concluded that current housing-related laws do not explicitly define or include the right to adequate housing for youth outside of family care, and that existing government support systems, such as public rental housing, remain inaccessible due to high barriers.
The NHRCK hopes that this recommendation leads to the improvement of relevant laws and policies, serving as a catalyst to substantially guarantee the right to adequate housing for youth outside of family care.
