ㅇThe National Human Rights Commission of Korea recommended to Minister of Health and Welfare to establish provisions regarding human rights education in the Welfare of Older Persons Act and Act on Long-term Care Insurance for Older Persons, believing that there is a need to strengthen human rights education in welfare and long-term care facilities for the elderly.
ㅇ In addition, it recommended to make revision to the Guidance on Human Rights Protection and Safety Management in Welfare Facilities for the Aged before making amendment to legislation, in order to expand the scope of subject to receive human rights education and to enhance quality of human rights education instructors.
ㅇ The 2015 Report on Elderly Abuse states that abuse against older persons is on the rise in welfare facilities for the aged, and 99.1% of perpetrators were staff of the facilities including medical staff.
ㅇ Currently, human rights education in welfare facilities for the aged is carried out based on the Guidance on Human Rights Protection and Safety Management in Welfare Facilities for the Aged or standard in the Act on Long-term Care Insurance for Older Persons. There is no legal basis in upper level legislation including the Welfare of Older Persons Act regarding human rights education of staff working in related facilities.
ㅇ In addition, since the implementation of long-term insurance system for the aged in 2008, the number of users is increasing and 81% of users are using services at home. However, the Guidance which was drafted in 2005 failed to reflect such changes.
ㅇ Under the Guidance, people who provide services at home are not mandated to receive human rights education.
ㅇ The NHRCK concluded that in order to protect human rights of the aged using welfare facilities, upper level law has to include provisions regarding human rights education. In addition, it recommended making revision to the Guidance before making amendment to related legislation in order to expand the scope of subject to human rights education, devise measures to encourage older persons receive human rights education and enhance quality of human rights education instructors.
