Insufficient Protection of Rights of Persons With Disabilities

02-12-2022

Jasmine Velasquez

East Asia and Human Rights Researcher 

Global Human Rights Defence

On December 1st, two days before the International Day of Disabled Persons, NGOs and activist groups on developmental disabilities held a public meeting in front of the Irum Center in Yeouido, Seoul (Chawon, 2022). Their main focus was to protest the policies on disability rights being implemented by the Yoon Suk Yeol government (Chawon, 2022).

In 2003, Solidarity for Education for the Disabled was established mainly for parents with children with developmental disabilities to secure the right to education for disabled children (Kang, 2022). As a result of their efforts, the Special Education Act for Disabled Persons was enacted in May 2007 (Kang, 2022). The following year, on December 3, 2008, the National Solidarity for Parents with Children with Disabilities (Parents' Solidarity below), based on the Solidarity for Education for the Disabled, was initiated. Since then, Parents' Solidarity has fought for support systems for children with developmental disabilities, such as the enactment of the "Act on the Guarantee and Support of the Rights of the Developmental Disabled Persons” (Kang, 2022). The meeting on the 1st also marked the 14th anniversary of this group.

The point of protest at this meeting relates to an announcement from the Ministry of Health and Welfare announced on November 29 (Kang, 2022). The Ministry announced that it would establish a 24-hour support system for the most severely developmentally disabled persons. They will prepare selection criteria for the “most severe developmental disabilities”, develop specialised services, and enact subordinate laws to provide integrated care services for the most severe developmental disabilities by June 2024 (Kang, 2022). One of the main points of concern brought by these activist groups was this new inclusion of the specification of "most severe” (Kang, 2022). There are an estimated 45,000 people with developmental disabilities who are placed in blind spots to welfare in South Korea (Kang, 2022).

Park Hyun-chul, head of the People First Seoul Center, lived with his parents and became independent two years ago. Talking about his independence process, he said: "We need a support system in which people with developmental disabilities can live on their own, not a 'care support' system for developmental disabilities" (Kang, 2022).

Yoon Jong-sul, the chairman of Parents' Solidarity, strongly criticised the current government's policies (Kang, 2022). He said: "We have to live in the community, but there are no housing measures or aid for developmentally disabled persons. In the end, people with disabilities have no housing benefits, so they have to go to facilities separate from their communities.” He continued, saying, "In order to close the facility, measures should be taken to provide housing for the local community and to allow people with disabilities to live at home. We want to live in a community with our children, not in a separate institution" (Kang, 2022).

The CRPD recognises the need to promote and protect the human rights of all persons with disabilities. South Korea signed the CRPD in 2007 and ratified it in 2008 (Ratification Status by Country). Article 19 of the Convention specifically highlights the equal right of all persons with disabilities to live inclusively in their community, with choices equal to others. Thus, it can be discerned that these activists and groups are fighting for the state to better adhere to their international human rights responsibilities to disabled persons. 

Sources and further reading:

Chawon, “‘아이는 크는데, 세상의 변화는 더디다’ 장애인 부모의 일갈” (오마이뉴스, December 2, 2022) <http://www.ohmynews.com/NWS_Web/View/at_pg.aspx?CNTN_CD=A0002885445> accessed December 2, 2022 

Kang H, “‘자식은 자식 삶을, 부모는 부모 삶을 살아야 하지 않겠습니까?"” (비마이너, December 2, 2022) <https://www.beminor.com/news/articleView.html?idxno=24312> accessed December 2, 2022 

“Ratification Status by Country” (United Nations Human Rights Treaty Body Database) <https://tbinternet.ohchr.org/_layouts/15/TreatyBodyExternal/Treaty.aspx?CountryID=141&Lang=EN> accessed December 2, 2022