The National Human Rights Commission of Korea recommends that police officers adequately inform persons under arrest of their situation and rights
The National Human Rights Commission (NHRCK) recently made a recommendation demanding that accommodations be provided for the visually impaired during institutional and corporate examinations. The recommendation came in response to a complaint filed in March 2007 against the Korean Chamber of Commerce and Industry (KORCHAM), who was accused of denying accommodations for visually impaired test takers.
The complainant, a 52-year-old man named “Kim” with a Grade 3 visual impairment, filed his complaint with the Commission in March of 2007. The complainant stated that he was denied appropriate accommodations for his disability when the KORCHAM administration denied his request for a 17-inch monitor in place of the 14-inch monitor while taking a practical exam. Though the 14-inch monitor meets standards for persons with Grade 2 visual disabilities, it was insufficient for the complainant.
The respondent, KORCHAM, held that they had long accommodated examinations for persons with visual disabilities, such as the complainant, by holding two separate tests per year. KORCHAM stated that they did not discriminate against the complainant, since large print question sheets, extended test time and large, 17-inch monitors were available.
Upon investigation, the Commission discovered that while KORCHAM did offer these accommodations, they were only offered twice per year during the special examinations. For many visually impaired persons that need to acquire their licenses quickly, there is no option but to register for an ordinary exam without special accommodations. Based on the data at KORCHAM, only 49 people had requested a 17-inch monitor during the last year, leading the Commission to conclude that this request would neither be costly nor unreasonable.
‘Reasonable accommodation’ is a principle intended to reduce the number of social hurdles experienced and to secure equal opportunity for those with disabilities, as outlined in the International Convention on the Rights of Person with Disabilities adopted by the United Nations in December of 2006 and the Act on Prohibition of Discrimination Against and Relief for Persons with Disabilities scheduled to be enforced in April of 2008. This concept can be understood as a means to support and enable a group of people, who might otherwise be incapable of engaging in regular, daily activities.
‘Reorganization of duties by an employer’, ‘procurement of assistive devices’, ‘remodeling of facilities to guarantee the right to learning at educational institutes’ and ‘extension of testing time in consideration of the characteristics of disabilities’ are all realizations of this concept in other countries—including the U.S.—in which discrimination against persons with disabilities is prohibited by law.
From this, the Commission concluded that refusing to provide accommodations during an ordinary exam is a discriminatory act on grounds of disability. The Commission did not find KORCHAM’s defense to be sufficient justification for their actions and recommended that the chairperson of KORCHAM ensure monitors suitable for the visually impaired persons are provided, even during ordinary exam periods.
The National Human Rights Commission of Korea was established in 2001 to promote human rights education and defend those who have experienced discrimination, or have had a right violated, in Korea. The Commission offers counseling, full investigation and protection for citizens, along with educational initiatives for organizations.
