Barring Children from Public Swimming Pools Solely Based on Age Constitutes Discrimination
“Children must be provided with equal opportunities for leisure activities,” says NHRCK
□ The National Human Rights Commission of Korea (Chairperson: Ahn Chang-ho, hereinafter “NHRCK”) recommended on July 24, 2025, that the head of ○○ County cease the practice of prohibiting children below a certain age from entering public swimming pools and revise the relevant ordinance accordingly.
□ The complainant had attempted to enter a public swimming pool operated by ○○ County with a six-year-old child, but entry was denied solely on the grounds that the child was under six years old, regardless of parental accompaniment.
□ In response, the swimming pool management explained that the facility was intended primarily for elite sports training and community use rather than for general water play with equipment. They argued that prohibiting entry to children under six was necessary to prevent accidents.
□ The NHRCK’s Committee on Child Rights (Subcommittee Chair: Standing Commissioner Lee Sook-jin) found that the facility, as a public sports center open to all county residents, must be accessible to all regardless of age. While safety concerns are legitimate, the subcommittee emphasized that such risks should be mitigated through measures such as requiring parental or guardian supervision, rather than imposing a blanket ban on young children.
□ Furthermore, as the facility was confirmed to have a separate shallow pool (0.7m depth) for children, the Commission determined that the blanket ban on children under six could not be justified as a reasonable measure.
□ The NHRCK also cited Article 31 of the UN Convention on the Rights of the Child, which the Republic of Korea has ratified. Article 31(1) recognizes the right of the child to rest, leisure, play, recreational activities appropriate to their age, and participation in cultural life and the arts. Article 31(2) requires States Parties to respect and promote this right and to encourage the provision of appropriate and equal opportunities for cultural, artistic, recreational, and leisure activities.
□ Accordingly, the NHRCK recommended that the ○○ County Governor discontinue the blanket ban on children under six from using the swimming pool without consideration of their individual circumstances, such as physical development or parental accompaniment, and amend the relevant regulations to reflect this principle.
