• Title/Summary/Keyword: The Grounds for Prohibiting Discrimination

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Review of Prohibition of Discrimination due to Homosexuality in the information society

  • Park, Jong-Ryeol;Noe, Sang-Ouk
    • Journal of the Korea Society of Computer and Information
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    • v.24 no.8
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    • pp.143-150
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    • 2019
  • LGBT movements have been actively taking place since the late 20th century, 24 countries around the world have fully embraced same-sex marriage as a form of marriage, and implemented it into law. Therefore in this paper, arguments and discussion on prohibition of discrimination due to homosexuality are examined and reviewed under the Constitution of Korea, by looking at the discussion on homosexuality (sexual orientation), which is currently in progress in Korea. However, First, national consensus is deemed absolutely necessary to add a new prohibition ground. Second, specifying the grounds for prohibiting discrimination should take into account historical background and demands of the "oughtness." Third, it should be noted that the grounds for prohibiting discrimination specified in the Constitution are not subject to moral judgment. Fourth, in the case where homosexuality and/or sexual orientation are specified as grounds for prohibiting discrimination, the problems that may occur must be considered. the "National Human Rights Commission Act of Korea" Article 2, Subparagraph 1 defines the concept of "human right(s)," and also in Subparagraph 3, "sexual orientation" is enumerated as an example of "discriminatory act." Therefore, "National Human Rights Commission Act of Korea" Article 2, Paragraph 3 must be deleted.

A Normative Review on Non-Invasive Prenatal Diagnosis (NIPD): Focusing on the German Discussion on PrenaTest®

  • Kim, Na-Kyoung
    • Development and Reproduction
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    • v.25 no.2
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    • pp.113-121
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    • 2021
  • This article aims to introduce German discussion on the approval of the non-invasive prenatal diagnosis (NIPD), which started with the development of PrenaTest® by LifeCodexx AG. The discussion started with the concern that the non-invasive nature of NIPD, such as PrenaTest®, may rapidly expand the use and scope of similar tests, thus leading to a new era of eugenics. Based on this concern, the need for clear clinical guidelines on specific indications for NIPD has been suggested. Along the same line, it was discussed whether PrenaTest® is against the Basic Law prohibiting discrimination on grounds of disability and whether the test is outside the scope of the purpose of gene testing limited by Genetic Diagnosis Act. Through such discussion, the Federal Ministry of Health of Germany established the preconditions for inclusion of NIPD in the German public health insurance system. For this, the German motherhood guideline was amended and the information for the insured persons provided to pregnant women was included in the amended guideline. Such discussion made in Germany provides insight on which points should be considered when various gene testings are accepted in Korea, in which genetic communication has not been systematized yet. In particular, German counseling system for pregnant women will provide valuable insights for Korea where the direction for regulations on abortion has not been established even after the ruling by the Constitutional Court that charges for abortion are against the constitution.