ㅇ National Human Rights Commission of Korea decided in the Standing Committee to express its opinion to the Mayor of Chungcheongnamdo and Chair of the Council of Chungcheongnamdo that abolishing a human rights decree because it includes a provision on prohibition of discrimination against sexual minorities is not desirable.
ㅇ On April 6, some organizations in Chungcheongnamdo filed a petition for requesting abolishment of ‘Decree on Protection and Promotion of Human Rights of Local Residents in Chungcheongnamdo’ arguing that the decree would aggravate distorted perception as it supports same sex marriage and denies distinction between man and woman. Hence the Mayor of Chungcheongnamdo asked for NHRCK for an opinion. In addition, other local governments including Buyeogun, Gyeryongsi, Boryeongsi, Osansi and Pohangsi are also facing similar arguments.
ㅇ NHRCK confirmed that prohibition of discrimination based on sexual orientation and gender identity is a principle that is consistently emphasized by human rights treaties including the ICESCR and CEDAW to which Korea joined in 1990 and 1983, respectively.
ㅇ Moreover, the UN Human Rights Committee recommended to the Korean government to prohibit broad range of discrimination against sexual minorities in 2015, and the Korean government voted for adoption of the resolution on Human Rights, Sexual Orientation and Gender Identity in the UN Human Rights Council on 17 June 2011.
ㅇ In addition, article 11 of the Constitution prescribes principle of equality for every citizen, and various legislations including the Administration and Treatment of Correctional Institution Inmates Act prescribes prohibition of discrimination based on sexual orientation and gender identity.
ㅇ NHRCK concluded that it is not desirable to abolish a human rights treaty for including a provision on discrimination against sexual minorities because the principle that people should not be discriminated against based on sexual orientation and gender identity along with gender, disability and age is pursuant to the Constitution, legislation and recommendation of international community.
ㅇ NHRCK hopes that the decision serves as an opportunity for minorities in our society including sexual minorities to be respected as a human being and to address discrimination and bias based on false information.
