COMMITTEE ON THE RIGHTS OF PERSONS WITH DISABILITIES CONSIDERS INITIAL REPORT OF THE REPUBLIC OF KOREA
The Committee on the Rights of Persons with Disabilities today completed its consideration of the initial report of the Republic of Korea on its implementation of the provisions of the Convention on the Rights of Persons with Disabilities.
Mr. Seok-young Choi, Permanent Representative of the Republic of Korea to the United Nations Office at Geneva, introduced the delegation, saying that the Government made great efforts to promote domestic laws, regulations and institutions to promote, improve and ensure the rights of persons with disabilities. The Republic of Korea actively participated in the formation of the Convention, which it ratified in December 2008, and was committed to faithfully implementing it. In particular, the Government continued efforts to combat social and cultural prejudice against persons with disabilities.
Presenting the report, Mr. Hyun-duck Yun, Director-General of the Bureau of Policy for Persons with Disabilities of the Ministry of Health and Welfare, briefed the Committee on specific laws, regulations and measures that were implemented in the Republic of Korea to promote the rights of persons with disabilities. He underlined the positive impact of mandatory employment quotas for persons with disabilities in the public and private sector, as well as positive changes in the social status of persons with disabilities as a result of reformed pension benefits and initiatives by political parties to elect persons with disabilities to public offices. He also drew attention to the Government’s efforts to improve access to justice of persons with disabilities, independent living through the provision of daily personal assistance, funding of medical care and assistive devices, education tailored for children with disabilities and women with disabilities.
A representative of the National Human Rights Commission of Republic of Korea, Ms. Myung-sook Jang, took the floor to say that despite the many laws adopted to promote and protect the rights of persons with disabilities the Republic of Korea still faced many challenges, notably its non-adoption of the Optional Protocols, and medically-based criteria to define categories of disability. Ms. Jang drew attention to problems in the laws relating to maternity and pregnancy of women with disabilities, and the fact that women with intellectual disabilities were subject to domestic violence and sexual abuse. She stressed that the Government needed to double its efforts to promote the rights of persons with psychosocial disabilities.
In the ensuing discussion Committee Experts praised the Republic of Korea for the great progress it had made in implementing the Convention, particularly the legislation enacted as well as anti-discrimination remedies. Issues of concern raised by Experts included the definition of disabilities and the high number of institutionalization of persons with disabilities, including abandoned children. Other problematic areas included reports of forced sterilization of women, and violence and abuse suffered by women with disabilities. Experts also raised concern about the case of labour abuse and slavery in Sinan salt farm, as well as the bullying of children with disabilities in schools. The need for more inclusive education, and support for persons with psychosocial disabilities was also highlighted by Experts.
In concluding remarks Munthian Buntan, Committee Expert Acting as Country Rapporteur for the Republic of Korea, recognized the efforts of the Government of the Republic of Korea to acknowledge the problems of persons with disabilities. He voiced hope that the Korean people would overcome all current obstacles relating to disability.
The delegation of the Republic of Korea included representatives of the Ministry of Foreign Affairs, Ministry of Health and Welfare, Disabled People’s Development Institute, Ministry of Justice, Ministry of Land and Transport, Ministry of Culture, Sports and Tourism, Ministry of Labour and Employment, Ministry of Gender Equality and Family, the National Election Commission, National Assembly, and two judges, as well as members of the Permanent Mission of the Republic of Korea to the United Nations Office at Geneva.
The Committee will issue its concluding observations and recommendations on the report of the Republic of Korea, and other reports reviewed this session, on Friday 3 October when it closes its session. They will also be published on the Committee's webpage.
The Committee will next meet in public at 3 p.m., Thursday 18 September at Palais Wilson to review the initial report of Belgium (CRPD/C/BEL/1)
Report
The initial report of the Republic of Korea (CRPD/C/KOR/1).
Presentation of the Report
SEOK-YOUNG CHOI, Permanent Representative of the Republic of Korea to the United Nations Office at Geneva, said the Government made great efforts to promote domestic laws, regulations and institutions to promote, improve and ensure the rights of persons with disabilities. The Republic of Korea actively participated in the formation of the Convention, which it ratified in December 2008, and was committed to faithfully implementing it. In that spirit, the Republic of Korea would take up the chairmanship of the Conference of State Parties to the United Nations on the Convention on the Rights of Persons with Disabilities for the 2015 to 2016 term, when it would focus on the cross-cutting issues of persons with disabilities. The Government was aware that it needed to continue its efforts to combat social and cultural prejudice against persons with disabilities, and in that respect welcomed the Committee’s advice and recommendations.
HYUN-DUCK YUN, Director-General of the Bureau of Policy for Persons with Disabilities of the Ministry of Health and Welfare, said following its ratification of the Convention the Republic of Korea brought in new disability legislation and policies featuring rights-based approaches. That rights-based approach was well reflected in the Anti-Discrimination and Remedies for Persons with Disabilities Act of 2008. The Act prohibited discrimination on the basis of a person’s disability in areas including employment, education and use of goods and services. It also allowed any person with disabilities whose rights were violated to file an appeal to anti-discrimination institutions, including the National Human Rights Commission of the Republic of Korea.
To ensure the right to equal recognition before the law, the Government amended the Civil Act and was implementing the Adult Guardianship System, which fully recognized the behavioural capacity of persons with disabilities and their right to self-discrimination. In May 2013, the Government proposed a bill which fully revised the Mental Health Act into the Mental Health Promotion Act, in order to prohibit violations of the right to liberty and security, and to prevent the abuse of involuntary and long-term hospitalisation. With the enactment of the Disability Pensions Acts in July 2010, the Government guaranteed a basic income to persons with severe disabilities who were unable to engage in economic activities and offered financial support to meet extra costs incurred due to disabilities. The Government also progressively expanded the scope of disability pension beneficiaries and raised the level of benefits.
The enactment of the Employment Promotion and Vocational Rehabilitation of the Disabled Act in 1991 implemented a mandatory employment quota system. In 2008, the mandatory employment quota was two per cent in Governmental agencies, public institutions and the private sector. In 2014, the quota reached three per cent in government and public agencies, and 2.7 per cent in the private sector, and in 2013 the actual employment rate of persons with disabilities reached 2.48 per cent. Mr. Hyun-duck stressed that as a result of those provisions, 27,000 businesses adopted the mandatory employment quota system, thus creating 150,000 new jobs for persons with disabilities and also improving the social status of persons with disabilities.
Mr. Hyun-duck drew attention to the fact that major political parties in the Republic of Korea made the election of persons with disabilities to Government office a priority, citing the example of a recent appointment of a judge who had a visual disability. The number of persons with disabilities hired by Government agencies increased by 61 per cent between 2008 and 2014. Another example was the Personal Assistance Act of October 2011 which promoted independent living through the provision of personal daily assistance service. In December 2013 the Act on the Support of Welfare of Children with Disabilities was adopted, which provided medical expenses, assistive devices, development rehabilitation services, and care services for children with disabilities and their families. The Act on Ensuring the Rights and Support to Persons with Developmental Disabilities was adopted in May 2014, aiming to protect their civil rights, the rights advocacy movements, the Adult Guardianship System, and communication assistance.
On education, Mr. Hyun-duck said the Ministry of Education was making efforts to introduce inclusive education for children with disabilities alongside an educational support system. The Government also supported life-long education programmes for women with disabilities, disability awareness education to teachers in charge of inclusive education, peers and parents, and made efforts to include disability awareness education in the general school curriculum. In 2013 the Korean Supreme Court published Guidelines on Judicial Support for Persons with Disabilities to enhance their access to justice, and set up an integrated judicial support centre within the court. The Government was aware of areas that needed improvement, such as the Adult Guardianship System, which required monitoring and modifying to settle the supported decision-making system. Fundamental measures to prevent ongoing abuse against persons with disabilities were needed. More human resources and funds should be allocated to progressively promote the rights of persons with disabilities.
Statement by a representative of the National Human Rights Commission of Republic of Korea
MYUNG-SOOK JANG, Standing Member of the National Human Rights Commission, said despite the many laws adopted to promote and protect the rights of persons with disabilities the Republic of Korea still faced many challenges, notably its non-adoption of the Optional Protocols, and medically-based criteria to define categories of disability. Ms. Jang drew attention to problems in the laws relating to maternity and pregnancy of women with disabilities, and the fact that women with intellectual disabilities were subject to domestic violence and sexual abuse. She stressed that the Government needed to double its efforts to promote the rights of persons with psychosocial disabilities. Finally, the Committee was informed that the number of complaints submitted to the Commission between 2001 and 2013 had increased by 115 per cent.
Question by Committee Experts
MUNTHIAN BUNTAN, Committee Expert Acting as Country Rapporteur for the Republic of Korea, commended the Republic of Korea for having ratified the Convention quickly, for its active participation in the development of the Convention, and for having been the architect of Article 6 of the Convention. He also commended the Government for its lead in Asian-Pacific discussions of the rights of persons with disabilities. The Republic of Korea was praised for the progress it had achieved in the enactment of several pieces of legislation and anti-discrimination remedies.
However, Mr. Buntan drew attention to certain amendments to the Commercial Act wondering whether they indeed solved the problems for persons with disabilities. He specifically referred to the amendment that would allow the Government to withdraw its reservation to Article 25e of the Convention and said the Committee waited for good news on the potential ratification of the Optional Protocol by the State party.
Mr. Buntan also drew attention to the fact that the problem of disability was still tied to the medical model rather that a rights-based model. The welfare model was still discussed within the framework of care-holder rather than rights-holder. The Government needed to move from welfare-based models to human rights models. The Committee observed the same problem in the Government’s use of the disability grading system based on medical standards of physical and mental impairment, he noted.
In their discussion of the report, Committee Experts referred to the parallel reports submitted by non-governmental organizations on the provision of services for persons with disabilities, and observed while physically disabled people had more accessibility, persons with intellectual disabilities were disadvantaged in accessing services.
Women with disabilities had no education or were less educated compared to men with disabilities, and experienced domestic violence more often than men with disabilities said an Expert, asking how the Government would address those problems.
Concerns were raised that the Government had insufficiently consulted with representatives of persons with disabilities, referring to alternative reports which outlined limited consultation or lack of proper consultation with a whole range of persons with disabilities, including persons with psychosocial disabilities.
The lack of access to health and life insurance for persons with intellectual disabilities was openly discriminatory, said an Expert. It was also questioned whether the Anti-Discrimination Act was indeed efficient in securing the compensation of damages for persons with disabilities and suggested that the law be reviewed.
The definitions of disabilities and their effect on persons with disabilities were a problematic area, said an Expert, stating that the definitions currently in use in the country seemed to be based on the medical model of disability and thus contrary to the Convention.
Concern was expressed about the institutionalization of persons with disabilities. How was the Government working to end institutionalization in favour of supporting persons with disabilities to live with their families? The delegation was also asked about the involuntary placement of children with disabilities; how could the Government ensure the right of children to articulate where they wanted to live?
The abandonment of children with disabilities was a problem. An Expert quoted the recommendations made to the State party by the Committee on the Rights of the Child in 2008, and asked the delegation to elaborate on the precise measures being taken to ensure that physical abuse of children with disabilities was clearly condemned. How would the Government financially support mothers who gave birth to children with disabilities? She also enquired about the limited access of girls with disabilities to education and remedies for that problem.
The delegation was asked about plans to strengthen collaboration with organizations representing persons with disabilities, and why there was a lack of participation by persons with disabilities in the preparation of the initial report.
Responses by the Delegation
Responding to questions about the lack of participation of persons with disabilities in the preparation of the initial report, Mr. Yun explained that there were some problems in convening meetings of the Policy Coordination Committee for Persons with Disabilities. However the Government had collected opinions from persons with disabilities, and some opinions were reflected in the report. In addition, the Disability Policy Coordination Committee developed a comprehensive plan 2013-2017 to monitor and review the implementation of the Convention.
The Head of the Delegation also confirmed that the Government would review its withdrawal of the reservation to Article 25e of the Convention, as well as its responsibility to sign the Optional Protocols.
Regarding the issue of abandoned children with disabilities and their mistreatment, a delegate said that child protection agencies were in charge of carrying out protective and preventive measures. The Government provided financial support to single mothers who had children with disabilities, and was trying to minimize abandonment of children with disabilities.
The Government still used the disability grading system based on medical impairment of the person. It was aware of the problems associated with that and was continuously seeking to make remedies. However, it was difficult to change the system overnight. Nevertheless, the abolishment of a new grading system had been adopted as a national task and it would be completed by the end of 2015. In 2013 the scope of disabilities was expanded from five to 15 disability types, he continued. More people would be included as the scope would expand in future in line with a social model of disability based on collaboration with organizations that represent persons with disabilities.
On the question of the restitution of damages for persons with disabilities, a delegate said the Government was looking at various conflicting laws and conducted analyses and research. So far 37 laws still had to be amended, and in that respect cooperation with relevant ministries would be conducted.
To promote inclusive education the Government put in place various supportive programmes, such as life-learning institutes, humanities related studies, basic skills trainings, and customized training for women with disabilities, said a delegate.
The rights of persons with disabilities to participate in decision making was legally guaranteed. Every year the Government provided a subsidy of $6.2 million dollars to that end. When developing policies for persons with disabilities the Government actively collected opinions of relevant organizations of persons with disabilities, particularly reflecting different types of disabilities. Collaborative work with representative organizations was ensured through workshops and regular consultations and the Government pledged to continue engaging in that way
Discussing institutionalization of persons with disabilities, a delegate explained that institutionalization was legally defined. The Government promoted independent life and de-institutionalization policies and had established independent living support centres. The Government also increased funds for the purchase of assistive medical devices, and the list of devices would expand in future.
Violence against women with disabilities, suffered at higher rates than men, was being tackled through various laws, regulations and policies. Two laws; one prohibiting sexual violence and another prohibiting domestic violence, had been enacted to that end. Comprehensive plans to promote the rights of women with disabilities had been put in place that would include counselling centres, protection facilities and call centres.
Explaining the higher number of uneducated women and girls with disabilities, a delegate said there was a tradition of valuing boys over girls in the Republic of Korea, which meant that historically women were excluded from education. Some 25 per cent of women with disabilities did not receive compulsory education, whereas the percentage for men with disabilities was 18.1 per cent. The 2012 to 2013 statistics for children with disabilities still showed that girls received less education than boys.
Disability awareness education was now included in school curriculum, and in training for special education teachers. TV and radio broadcasts actively raised such awareness among children without disabilities.
Questions by Experts
What measures had been taken to revise the relevant legislation in order to ensure the safety of persons with disabilities in emergency situations, in particular secure evacuations, asked an Expert, also enquiring whether information on emergency situations was available to persons with disabilities in appropriate formats.
Some experts wondered whether 20 hours per month of personal assistance in facilities for persons with disabilities was sufficient, and what would happen to people who needed more hours of assistance than that.
Other experts asked the Government when it would revise legislation on mental health, particularly those parts referring to involuntary institutionalization. An Expert referred to serious incidents in psychiatric hospitals that involved forced incarceration and had resulted in the death of patients. Such cases were recurrent, he said, asking how psychiatric hospitals were monitored. Another Expert asked how persons with disabilities who could not distinguish between right and wrong were treated in criminal justice proceedings.
The Committee also raised the issue of internet or website and library accessibility, asking about access for persons with intellectual disabilities, as well as reports of classrooms that did not provide that sort of access to children with disabilities.
Questions regarding immigration and refugees with disabilities were also raised. For example, persons with disabilities who did not have assistance were denied entry into the country, as well as foreign citizens who could not receive the same access to disability services. What services were available to migrants with disabilities and people in refugee camps?
An Expert asked how the Government protected persons with disabilities from labour exploitation, slavery, torture and forced sterilization.
Responses by the Delegation
The delegation said it was aware that it needed to collect opinions from persons with disabilities regarding the review of the Mental Health Act and involuntary hospitalization, particularly in the case of patients released from mental institutions. In cases of special treatment of hospitalized patients, an informed consent principle was introduced. In the future, revisions would allow the justice system to make inspections to check that no involuntary confinement of persons with psychosocial disabilities was taking or had taken place.
On prolonged hospitalization, a delegate said measures were taken to prevent it and ensure that people with severe psychosocial disabilities were given proper residence facilities. De-institutionalization was encouraged by the Government which also encouraged persons with disabilities to live independently in their communities. To that end it was reducing the number of residential facilities.
Regarding the 20 hours of personal assistance provided to persons with disabilities, a delegate explained that the coverage of provided services was expanded for different types of disabilities and needs. Persons with severe disabilities who lived alone were provided with 391 hours of assistance per month. Additional assistance was provided to those who left facilities to live an independent life. The Government planned to expand personal assistance services to grade 3 of disability as of 2015, with an aim to completely abolish disability grade restriction in eligibility in 2016.
Special education for persons with disabilities was ensured through the work of a steering committee for individualized education at each school. Such education was designed in cooperation with parents, and alternative textbooks were provided. The Government would work harder to better understand the needs of specialized education.
The Government was also working to prevent bullying of students with disabilities in schools. Such problems occurred because students without disabilities did not understand the importance of the human rights of students with disabilities. In 2013, special measures were established to address those problems, such as the introduction of human rights monitors in 190 special education support centres in the country.
In 2014 the Government conducted surveys about the human rights of students with disabilities, which would be completed by the end of the year.
A delegate from the Ministry of Education informed the Committee that a draft Korean sign language bill was pending in the National Assembly, due to delays in sessions, and the Government recognized the urgency of its adoption.
No law permitted forced sterilization on women and girls with disabilities, clarified a delegate. Likewise, national laws banned any torture, and law execution officers received relevant training on that issue.
The Supreme Court of the Republic of Korea developed a guidance on the access of persons with disabilities to the justice system. A delegate from the Ministry of Justice addressed the issue of legal capacity of persons with disabilities. The Adult Guardianship System prevented persons with intellectual disabilities to take their own decisions during legal proceedings. According to the law, persons who did not distinguish between right and wrong would not be subject to punishment. The Government supplied free legal aid to persons with disabilities during criminal proceedings.
Speaking of labour abuse of persons with disabilities, the Government said it had taken steps to prevent such cases, such as the example of the Sinan salt farm. On the birth registration system for persons with disabilities, the Government said it was ensuring that reports were made on factual relations within one month of birth.
Migrant children with disabilities could register at their respective embassies, but could also obtain legitimate residence in the Republic of Korea and register as foreigners. The Republic of Korea normally did not ban the entrance of persons with psychosocial disabilities, except in cases when nobody accompanied them. . In addition, the revision of the Welfare Disability Act allowed foreigners with disabilities to receive disability services once they registered.
A delegate said the Government was aware that it still needed to develop a national emergency, disaster and evacuation management plan that would include the needs of persons with disabilities.
Question by Committee Experts
MUNTHIAN BUNTAN, Committee Expert Acting as Country Rapporteur for the Republic of Korea, focused on the passing of the bill on the Korean sign language, and official recognition of Braille, which was still pending in the National Assembly. He noted the lack of a comprehensive plan on accessible formats of communication for persons with disabilities, particularly captioning of TV broadcast material.
Mr. Buntan stressed that many deaf and blind children were moving to special education schools, despite the Government’s efforts to increase support for inclusive education. The Country Rapporteur asked who determined the level of capacity that would allow persons with intellectual disabilities to purchase life and health insurance, and to exercise the right to vote. He also enquired about potential introduction of a supplementary income for persons with disabilities.
On the subject of education, an expert observed that the education system in the Republic of Korea was very competitive, leading to additional negative effect on students with disabilities. There were recurrent cases of suicide by students without disabilities; how was the Government ensuring that stress levels were acceptable to students with disabilities and that they did not drop out of schools? Alternative reports received by the Committee had indicated that inclusive education in the Republic of Korea was not functioning properly; for example there was a lack of appropriate space and teaching assistance for children with disabilities.
Experts acknowledged the efforts of the Government of the Republic of Korea in implementing a transition of the disability grading system from a medical model to a social model.
The recurrence of mistreatment and involuntary confinement of persons with psychosocial disabilities in mental hospitals was highlighted by several Experts. One asked about the high cost of de-institutionalization of persons with disabilities because the owners of such institutions charged high fees for de-registration from facilities. He also highlighted shocking reports of involuntary sterilization of women with intellectual disabilities, and asked what measures the Government took to prevent such incidents.
The actions and quotas that the Government took to promote the employment of persons with disabilities were commended by the Committee, but Experts noted that employment levels for persons with disabilities were still low, and wondered whether the employment quotas in the public sector resulted in real rather than fictitious employment.
What measures had been taken to address the problem of unavailability of social welfare facilities and services for persons with psychosocial disabilities, as well as accessibility of proper formats of information in that respect? A related question referred to allowances for persons with disabilities based on their capacity to work. It seemed that there were difficulties in the assessment of criteria and allowance disbursement in line with the Convention standards.
An Expert drew attention to the problem of insufficient financial support for families with children with disabilities, and the fact that parents of such children often had to leave the labour market. He also raised the question of minimum wages for persons with disabilities, particularly those in sheltered workshops.
The question of political representation of persons with disabilities, and their participation in political decision making, was also raised. Other questions referred to the lack of accessible public transportation; the quality and accuracy of sign language interpretation; and access to electronic filing system.
Responses by the Delegation
A delegate from the Ministry of Land and Transport explained that not all transport facilities complied with disability mobility standards. To that end, the Ministry held consultations with representatives of persons with disabilities about the introduction of load buses, but finally decided not to introduce them.
A delegate from the Ministry of Culture said a bill was introduced to recognize Braille as an official language in the country. As for the prevention of stress levels in schools for students with disabilities, the Ministry put in place psychological counseling and family support. There was also supplementary education for those students who wanted to go on to college and university. Additional time was given to students with disabilities to take their tests and exams, and a special admission system was established for them, rather than a regular quota system. Special funding had been earmarked for anti-discrimination measures relating to female students with disabilities.
Responding to questions regarding the due process, a delegate from the Ministry of Justice said that a non-guilty verdict was in place for persons with disabilities who could not distinguish between right and wrong. In addition, legal aid was available to persons with disabilities in criminal proceedings. The Ministry was considering providing statement assistance to defendants with disabilities.
An amended act would enter into force in March 2015 to remedy the Commercial Act that currently prohibited the rights of persons with psychosocial disabilities to purchase of life and health insurance, a delegate informed the Committee. Concerning the cases of fraudulent reporting of children with disabilities, a delegate informed that the Government was discussing the introduction of a universal birth record system with members of the academia.
The Republic of Korea had various policies that ensured participation of persons with disabilities in elections, as well as better access to elections. The Government would continue improving that situation through a process called “the notification of the enactment of law” which allowed the Government to collect opinions of persons with disabilities to participate in decision making.
Regarding to the low employment levels of persons with disabilities, the private sector compliance rate with the mandatory employment quotas was half of the rate in the public sector, said a delegate. In cases of non-compliance, private sector businesses had to pay employment levies. As for the minimum wages for persons with disabilities, the Government was considering a change of the existing system in order to introduce a guaranteed minimum wage. Recently, there had been a raise in the number of persons with disabilities getting jobs.
Forced sterilization of persons with disabilities was not permitted in the Republic of Korea. It was a criminal act by law. The Government was working to improve the awareness of women with disabilities and about their roles as mothers. Support was also provided to families who adopted children with disabilities. On that note, there was no legislation that prevented persons with disabilities from becoming adoptive parents, a delegate added.
The delegation said it understood the urgency the infringements of human rights of persons with disabilities in cases such as the Sinan salt farm, and involuntary confinement. To that end it would conduct fact-finding missions and monitoring.
The disability pension system did not properly reflect the types and scope of disability, said a delegate, and that was being remedied through the abolition of the disability grading system. A reform would also be introduced to the provision of welfare allowance, which currently did not reflect work capacity assessment.
Concluding Remarks
MUNTHIAN BUNTAN, Committee Expert Acting as Country Rapporteur for the Republic of Korea, thanked the delegation for constructive dialogue, and recognized the efforts of the Government of the Republic of Korea to acknowledge the problems of persons with disabilities. He voiced hope that the Korean people would overcome all current obstacles relating to disability.
For use of the information media; not an official record
CRPD14/009E