The National Human Rights Commission of Korea reviews findings of recent research and holds meetings to discuss improvement of rights for persons with mental disabilities
The National Human Rights Commission (NHRCK) held a meeting on July 20, 2007 to discuss the improvement of human rights conditions for persons with mental disabilities. This meeting was called to review findings from the 2006 legislative study on the human rights of persons with mental disabilities, conducted by the Medical College at Hanyang University in Seoul.
One major issue highlighted in the research was the fact that many persons with mental disabilities cannot communicate effectively with those around them, and many deny their disability. The former of the two situations causes psychological and emotional suffering for the families, while the latter of these two situations causes many persons with mental disabilities to deny treatment or protection. Both of these situations lead to discrimination worldwide, as outlined in the research report, with South Korea being no exception, as it has a long tradition of discrimination against persons with mental disabilities.
As a reaction to this deep-rooted discrimination, most patients diagnosed with a mental disorder are sheltered from society, and treated in isolation. Many of these patients cannot seek regular medical care, and are treated for regular illnesses in these facilities as well. Despite enactment of the Mental Health Act in 1995 and various community health policies in 1997, the number of patients with mental disabilities is rising. Research shows that over 90% of patients hospitalized are kept involuntarily for long periods of time and there is not much effort to release patients.
This treatment not only leads to severe consequences upon release, but also perpetuates the idea that persons with mental disabilities are not desirable or valuable human beings that can be integrated into society. In both international law and the Constitution of the Republic of Korea, persons with mental disabilities are severely restricted in their basic rights to personal freedom as well as freedom of correspondence, meeting and privacy, further agitating the idea of stratification. Both the hospital and legal treatment present impossible conditions for persons with mental disabilities to become independent members of society.
The Commission has been long committed to keeping the human rights conditions for persons with mental disabilities a top priority. For the past six years, the Commission has handled complaint-based investigations, ex officio investigations and fact-finding investigations on behalf of persons with mental disabilities, including a recommendation to amend the Mental Health Act in 2005. In 2006 and 2007, the Commission identified the protection and promotion of human rights for persons with mental disabilities as one of its ten core tasks and aims to realize meaningful improvement in this area of human rights.
The 2006 legislative study for improving the human rights of persons with mental disabilities was produced as part of the Commission’s fact-finding investigation activities. The study addressed possible points for revision within the Mental Health Act, including the toleration of forceful hospitalization and community infrastructure that condones poor treatment, and a point to enhance the Act by establishing an institutional scheme to enhance the human rights of persons with mental disabilities in society. The experts, policymakers and representatives from mental health organizations present at this most recent meeting discussed the findings from these human rights investigations, and were provided opportunity to recommend legislature for the advancement of human rights for persons with mental disabilities.
The meeting was broken down into three parts, and was mediated by Professor and Psychiatrist Young-Jeon Shin of the Department of Psychiatry at Hanyang University Hospital.
The first part of the meeting reviewed the findings from the 2006 legislative study for improving the human rights of persons with mental disabilities. The second part of the meeting opened for various debates on the findings reviewed in the first part of the meeting and the third part of the meeting offered a question and answer session, along with a general open-floor debate.
Among the participants were psychiatrists—including professors Jin-Pyo Hong and Dong-Woo Seo, law professors—such as Gyeong-Seok Seo and Myung-Yeon Kim, social work professor Seon-Mi Hong, and head of the mental health team of the Ministry of Health and Welfare. Officials of the Korean Mental Hospitals Association and the Korea Family Association for Mental Health also took part in the event to share information about the family hardships for those related to persons with mental disabilities.
The Commission plans to consider the opinions expressed in the meeting carefully for integration into future policies, and plans to actively continue conducting research and investigations into human rights of persons with mental disabilities.
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.
