• Spatial Information Research
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• v.20 no.6
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• pp.59-68
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• 2012

The Convention on the Rights of Persons with Disabilities is the international conventions to acknowledge that persons with disabilities have dignity as human being and to give us duty to make an effort for protection of persons with disabilities' rights. This study deducts several tasks in spatial information field to fulfill the Convention on the Rights of Persons with Disabilities effectively. First of all, For the deduction, this study starts by considering accessability, personal movement, freedom of expression and accessability to information. Second, this study defines persons with disabilities as the spatial information what ensure for prior considerations. Third, this study deducts some requirements on spatial information of persons with disabilities on the basis of the survey targeting persons with disabilities and the expert opinion, and suggests objectives, strategies, tasks, systems for effective implementation of the Convention on the Rights of Persons with Disabilities. Especially, this study sets up a goal on spatial information establishing strategy of persons with disabilities as 'Disadvantaged groups like persons with disabilities can obtain requirable information without distinction of person, thereby pursuing the convenience of life and improving the quality of life.

• Social Workers
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• no.1 s.57
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• pp.45-45
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• 2007

• 재활복지
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• v.22 no.2
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• pp.1-30
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• 2018

This paper attempts to explore the place of human and disability rights from the perspective of Social Welfare within the context of the UN Disability Rights Convention of 2006. The overall discussion is focused especially upon the situations of human and disability rights in the Democratic People's Republic of Korea (North Korea) as it is being challenged to drastically address the issues of human rights in general, and disability rights in particular. The UN Disability Rights Convention challenges every ratified State party to commence legal reforms, legal harmonization, and policy and program developments to implement the Convention. Both North and South Korea are not exceptions to this. Even without drawing upon the UN's the Commission of Inquiry on Human Rights in the Democratic People's Republic of Korea, the dire situation of human rights in North Korea is well documented. However, this paper does not assume South Korea's human rights are any way superior to that of North Korea. This paper spells out areas for further action common to two Koreas and to any other nations for that matter. Apart from the general discussion on disability rights, the distinctive contribution of this paper lies in the fact that it has endeavored to draw upon any latest information and data on North Korea. It relied on various sources from UN and also from North Korea itself. One can note that North Korean disability authorities are making strenuous efforts to improve human rights of persons with disabilities in their desires to seek assistance from outside. It also shows an enormous need for international cooperation in seeking financial and material supports. This paper notes the latest political development between North and South Korea in taking "phased" steps for peace and stability as a positive sign for North and South Koreans' DPOs collaboration under the banner of International Cooperation of the article 32 of the UN Disability Rights Convention. More critically, this paper points to the further need to improve the overall data bases to ensure balanced legal reforms, policy developments and sharpen the areas of international collaboration.

• The Journal of the Korea Contents Association
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• v.8 no.8
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• pp.158-175
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• 2008

In recent years it seems to be accepted as absolutely right by almost all the people in the world that person without disabilities and person with disabilities are equal and should be treated so regardless of their race, national origin, sex, religion, disability, etc. This article deals with (1) "Anti-Discrimination against and Remedies for Persons With Disabilities Act" and (2) Human Rights of Persons With Disabilities. The purpose of "Anti-Discrimination against and Remedies for Persons With Disabilities Act" is to realize the human dignity and worth of persons with disabilities by prohibiting disability-based discrimination in all areas of society, and effectively safeguarding the rights of individuals discriminated based on disability, thus enabling them to fully participate in society and to secure equal rights.

• 재활복지
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• v.21 no.2
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• pp.1-27
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• 2017

The purpose of this study is to evaluate the level of implementation of the Incheon Strategy and to develop measures for effective implementation. This research method used literature review and monitoring method. The results of the study are summarized as follows: First, 9 key indicators and 7 supplementary indicators, which are classified into implementation and non-implementation, 3 key indicators have been implemented, one indicator has been partially implemented, 5 indicators have not yet been implemented, Also, In the case of supplementary indicators, five were implemented and two were not. Second, the ten target areas are lacking in implementation, but the objective of 7 is to ensure the comprehensive disaster risk reduction and management, the ratification and implementation of the Convention on the Rights of Persons with Disabilities and the harmonization of the Convention with the domestic law, Also, it is analyzed that the level of implementation is in the order of improving the reliability and comparability of the data of goal 8, ensuring gender equality of goal 6 and strengthening the capacity of women. Based on these results, we propose an improvement plan for implementation. First, it is necessary to formulate policy issues and implement measures for the implementation of Incheon Strategy. Second, it is necessary to establish a system to implement and monitor for Incheon strategy. Third, Korean standards for goals and targets, key indicators and supplementary indicators are needed. Fourth, it is necessary to prioritize the target implementation and to take preemptive action. Lastly, it is necessary to educate and publicize for the Incheon strategy.

• Journal of the Korean Society of Marine Environment & Safety
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• v.24 no.4
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• pp.389-397
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• 2018

Modern countries have almost ratified the UN Convention on the rights of persons with disabilities and are creating environments to prevent discrimination against these individuals. In 1996, the International Maritime Organization presented a recommendation for the design and operation of passenger ships to respond to elderly and disabled persons' needs. In Korea, an act on the promotion of transportation convenience for mobility disadvantaged persons has been implemented, and facilities for the disabled have been rapidly installed in ships, vehicles, aircraft, railways and passenger terminals. However, the maritime transport environment is less concerned about disabled persons than safety. In this study, basic research was conducted to improve the maritime transport environment for disabled people in Korea through a field survey and literature survey. As a result, it was found that relevant laws and regulations have not been properly applied to excursion ships and ferries as well as small-scale ports, which are responsible for a large part of coastal passenger transportation. In addition to low installation rates of facilities for the transportation of persons with disabilities in ships and terminals, loose equipment was also considered. Therefore, it is necessary to protect the human rights of persons with disabilities, which are universal values of humanity, by complementing laws and introducing improved facilities.

• Journal of Digital Convergence
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• v.14 no.10
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• pp.535-542
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• 2016

This study was to explore the meanings and follow-up tasks for enactment of Act on Supply and Utilization Promotion of Assistive Technology Devices for People with Disabilities and Seniors(Assistive Technology Act) in Korea. I conducted analysis about contents and establishment process of the Act. The study found meaningful effects ; it provided the basis for supporting assistive technology devices based on the social model, it led to an Implementation of the national obligations such as UN Convention on the Rights of Persons with Disabilities, it provided terms related to assistive technology. It is suggested to conduct follow-up studies and to put the efforts to strengthen additional laws for backing up the effective policy for extended support of assistive technology devices and for security of budget, for establishing regional service centers, for phasing of professional qualification, for controlling quality, for establishing an information system, and for promoting industries.

• The Korean Society of Law and Medicine
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• v.17 no.1
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• pp.209-279
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• 2016

The Korean Mental Health Act was amended 2016 overall. This paper examines and evaluates the old Korean Mental Health Act since 1995 and the new Korean Mental Health Promotion Act 2016 from the Perspective of Human Rights and Inclusion of Persons with Psychosocial Disabilities. The persons with mental disabilities was separated and ruled out from society by the enactment of the Mental Health Act in 1995 and five times amendment. That has been justified and institutionally supported by medical viewpoint. The medical approach which reconsider the persons with mental disabilities as patients conceal that the aims of the involuntary admission in Mental Hospital are protection of society and the relief of the family member's duty of support for person with mental disabilities. This is institutionally supported in the 1995 Korean Mental Health Act by involuntary admission through the consent of family members as protectors. According to the old Act, the family members as protectors are authorized to consent to involuntary admission of persons with mental disabilities. Also, the psychiatrist that diagnoses the person with mental disabilities and evaluates the need for treatment by admission is not impartial in this decision. Family members as protectors may want to lighten their burden of support for the person with mental disabilities in their home by admitting them into a mental hospital, and the psychiatrist in the mental hospital can be improperly influenced by demand of hospital management. Additionally, Article 24 of the Korean Mental Health Act for the Involuntary Admission by the Consent of Family Members as Protector might violate personal liberty, as guaranteed in the Korean Constitution. The Mental Health Promotion Law was amended to reduce the scope of the persons with mental illness which are subject to forced hospitalization and to demand that a second diagnosis is made by another psychiatrist and screening by the committee concerning the legitimacy of admission in the process of the involuntary admission by the consent of family members as a method of protection. The amended Mental Health Promotion Law will contribute to reducing the number of the involuntary admissions and the inclusion of persons with mental disabilities. But if persons with mental disabilities are not providing some kind of service to the community, the amended Mental Health Promotion Law does not work for Inclusion of them.

• The Korean Society of Law and Medicine
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• v.24 no.3
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• pp.155-206
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• 2023

When a person with diminished mental capacity refuses necessary medical care, normative judgments about when paternalistic intervention can be justified come into question. A typical example is involuntary hospitalization for people with mental disabilities, traditionally governed by mental health law. However, Korean civil law reform in 2011 introduced a new form of involuntary hospitalization through guardianship legislation, leading to a dualized system to involuntary hospitalization. Consequently, a conflict has arisen between the 'best interest and surrogate decision-making' paradigm of civil law and the 'social defense and preventive detention' paradigm of mental health law. Many countries have criticized this dualized system as not only inefficient but also unfair. Moreover, the requirement for the presence of 'mental illness' for involuntary hospitalization under mental health law has faced criticism for unfairly discriminating against people with mental disabilities. In response, attempts have been made to integrate guardianship legislation and mental health law based on mental capacity. This study examines the legislative process and framework of the Mental Capacity Act (Northern Ireland) 2016, which reorganized the mental health care system by fusing guardianship legislation with mental health law based on mental capacity. By analyzing the case of Northern Ireland, which has grappled with conflicts between guardianship legislation and mental health law since the 1990s and recently proposed mental capacity as a single, non-discriminatory standard, we aimed to offer insights for the Korean guardianship and mental health systems.