Safeguarding the Rights of Displaced Children: Measures Urged to Guarantee Education and Development in Airport Waiting Rooms
— Recommendation to the Minister of Justice to Ensure the Right to Education and Development in the Best Interests of Long-Term Resident Children —
□ On August 4, 2026, the National Human Rights Commission of Korea (Chairperson Ahn Chang-ho; hereinafter "NHRCK") issued a recommendation to the Minister of Justice (hereinafter "the respondent") to formulate appropriate measures that fully guarantee the right to education and the right to development for children residing in airport departure waiting rooms, taking into account the best interests of the child.
□ Victim 1 and their child (hereinafter "Victim 2") applied for refugee status immediately upon entering ○○ Airport in South Korea. However, after receiving a decision refusing referral to refugee status screening, they have been living in the airport departure waiting room for about a year with no alternative options. In October 2025, Victim 1 filed a complaint with the NHRCK, alleging that their human dignity and value were violated, and that Victim 2, a 10-year-old child, was suffering violation on their right to education and right to development.
□ In response, the respondent stated that although the victims are free to depart for their home country or a third country at any time, they are choosing to stay in the departure waiting room for an extended period to pursue their refugee application. The respondent added that the victims receive regular health checkups and are permitted to freely use living facilities, including the provision of meals.
□ The Second Human Rights Remedies Committee of the NHRCK (Subcommittee Chairperson: Standing Commissioner Kim Hak-ja) dismissed the complaint regarding Victim 1, concluding that it was difficult to deem the situation a human rights violation or discriminatory act. However, the Committee determined that a recommendation was necessary to guarantee the right to education and the right to development for Victim 2, a 10-year-old child at a crucial stage of growth and development.
○ The NHRCK noted that, unlike Victim 1, Victim 2 is unable to independently make decisions regarding stay status, return to the home country, or legal proceedings. In particular, the Commission observed that, given the structural and operational characteristics of the departure waiting room, it cannot be considered an adequate environment for a growing child, which can negatively affect the child's emotional stability and social development.
□ Accordingly, the NHRCK issued the recommendation above, stating, "Victim 2, who is a child, is suffering disadvantages due to actions for which they bear no responsibility. Alternative measures must be devised to achieve the objectives of immigration control while minimizing the infringement on the child's fundamental rights that must be guaranteed."
