National Human Rights Commission (NHRCK) passed a recommendation proposal on “Anti-Discrimination Law” through Plenary Committee on July 24, and advised the Prime Minister to pursue its enactment. The Commission made the decision based on the belief that the current laws on discrimination are confined to specific fields and thus lacking effectiveness even though discrimination is rampant and widespread. The enactment of Anti-Discrimination Law by the government purports to realize equality, the core principle on basic human rights as prescribed in the Constitution of the Republic of Korea.
Once passed, Anti-Discrimination Law will take on the characteristics of a special law on the provisions regarding discrimination in the current national Human Rights Commission Act and will provide definition of discrimination and basis for a judgment. A particularly notable aspect of the “Anti-Discrimination Law” is that “harassment” is included as part of discrimination besides direct and indirect discrimination.
The Commission noted the current acceptance level and similar cases in other countries (such as the human rights law of New Zealand), and narrowed the law’s application down to ‘harassment for the reasons of one’s gender, disability, race (including national origin, ethnicity, and color), and sexual orientation’ (Article 29)”
The “Anti-Discrimination Law” specifies ▲ ‘prohibition of discrimination’ (Articles 11~22) in the areas of employment, education, goods, and services ▲ ‘provisions regarding measures to prevent discrimination’ (Articles 23~28) for the prevention of discrimination in voting rights, public administration services, investigations, and court trial procedure among many.
The Recommedation Proposal allows for not only recommendation for redress as a relief measure, but also ‘aid in litigation’ (Article 37) if the respondant fail to comply with the Commission’s decision and if the matter is deemed grave.
In addition, if the act of discrimination is deemed intentionally malicious, the Recommendation Proposal provides relief measures for the court to rule payment of additional ‘reparation’ (more than twice and less than five times the damage) (Article 39) aside from the reparation of monetary damage.
The Commission has prepared this Recommendation Proposal since 2003 by studying the relevant laws of other countries with anti-discrimination human rights activist organizations, experts, and legal professionals, and through various opinion-gathering processes with experts and related government agencies. The first draft of the Recommendation Proposal was completed in August 2004.
Enactment of the Recommendation Proposal on “Anti-Discrimination Law” is expected to provide an enforceable legal mechanism necessary in proactive rectification of unreasonable practice, system, and policy of discrimination. It also could contribute to improving the quality of life for the socially disadvantaged and the minority as well as strengthening individual’s basic human rights and fostering an environment susceptive to human rights needs.
The Chairperson of the Republic of Korea would establish ‘Basic Plan to Redress Discrimination’ (basic plan) based on this Recommendation Proposal. The basic plan, then, would serve as a basis for ministers of central ministries, governors, mayors, education board chairpersons, and other public officials in drawing up specific implementation plans.
