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NHRCK Recommends Human Rights Education to Military Personnel
Date : 2006.07.31 00:00:00
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In relation to a sexual harassment petition submitted by a private against the commanding officers and the Minister of National Defense, the NHRCK recommended that the related army personnel receive human rights education and be cautioned. Furthermore, the Minister of National Defense was advised to establish a human rights protection guidance for homosexuals in the military.
According to an investigation carried out by the NHRCK, it was identified that the private had disclosed that he was a homosexual during an interview with the vice platoon commander conducted in order to consult any difficulties when the private entered the army recruits" training unit. After the disclosure, the fact that he was a homosexual was made known to other people irrespective of the private" s intentions, the private ended up submitting a photograph of him kissing another male as evidence of his homosexuality for the reason that this was required as part of a screening process for discharge from the military and he eventually had to submit a photograph of him having sexual intercourse having felt strong psychological pressure in response to notice by those responsible that the photograph containing the kissing scene was not enough to authenticate his sexuality. Also he was tested for AIDS and syphilis without his explicit consent.
The NHRCK acknowledged that in the process of trying to discharge the private after it was disclosed that he was a homosexual, the related army personnel grossly violated the his privacy and personal rights, the personal information relating to the private was poorly managed, and that AIDS and syphilis tests were carried out without his explicit consent. As such, the NHRCK decided that there was a violation of the privacy and personal rights of the private that amounted to unreasonable discrimination.
In order to prevent the recurrence of a similar case, the NHRCK recommended that all military personnel related to the case receive training on the prohibition of discrimination against and the protection of human rights of the sexual minorities inside the military. Furthermore, the NHRCK concluded that those who were in a position to decide on the treatment of the private and those who were directly related and personally responsible for the screening process for discharge such as the commanding officer, medical commander, chief of personnel needed to be cautioned separately.
Finally, the NHRCK recommended the Minister of Justice that the " Guidance on the Management of Homosexuals inside the Military" that came into force on April 1 2006, be changed to the " Guidance on the Protection of Human Rights of Homosexuals inside the Military" and that it be amended to guarantee the rights of sexual minorities inside the military. In addition, the NHRCK decided that it was necessary to conduct precautionary sexual harassment education to create a healthy military culture free of sexual harassment or sexually abusive languages.
