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Wed, May 18, 2022 | 06:10
Law & Crime
Anti-discrimination law, new task of Moon administration
Posted : 2017-05-26 17:04
Updated : 2017-05-26 19:28
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By Lee Kyung-min



Expectation is growing over the possible legislation of an anti-discrimination law within President Moon Jae-in's term, after he ordered, Thursday, to strengthen the role of the country's human rights watchdog.

The National Human Rights Commission since 2003 has recommended the enactment of a law that bars discrimination on the basis of sex, religion, nationality, disability, political inclination, socioeconomic status, ethnicity, illness and sexual orientation. The law outlines punishment of violators and measures for those discriminated against, seeking to achieve equal protection of the law under the Constitution.

According to the NHRC, it plans to submit to the President 10 recommendations on human rights issues in setting up government policies on tackling the low birthrate and aging society, social inequality and abuse within the military. Also included are: the need to strengthen the right to live in a safe, healthy environment and measures to set up infrastructure to better protect basic human rights in general.

However, any attempt to pass the law, or engage in social discourse on the part regarding gay rights has been repeatedly derailed due to fierce opposition by Christian groups condemning homosexuality as a sin.

In 2007, under the former President Roh Moo-hyun administration, a draft of an anti-discrimination law authored by the justice ministry was submitted to the National Assembly but it was not even discussed due to a parliamentary gridlock.

In 2013, liberal lawmakers Kim Han-gil, Choi Won-sik and Kim Jae-yeon submitted to the National Assembly three draft anti-discrimination laws, only to withdraw after being openly threatened by the Christian Council of Churches head Hong Jae-chul and being bombarded by phone calls and online comments. The bill was discarded without due deliberations as the 19th National Assembly expired.

President Moon himself is no stranger to such political pressure. When he ran for presidency in 2012 he vowed to enact the anti-discrimination law, but changed his position in 2017 when he met with the country's powerful pastors group.

The issue of equal protection is a life-and-death issue that should no longer be dismissed as irrelevant, according to civic groups.

"We have raised our voices constantly only to be silenced by the society that won't recognize us, let alone guarantee our rights," an activist for sexual minority groups said.

"Many of us who have been forced to remain invisible are asking that the President, a former human rights lawyer, listen to us and help eliminate prejudice and misunderstanding about us."

Sexual minority groups have long been subject to stigmatization here, an attitude stemming from Confucianism tradition which prioritizes continuation of the family line.

Such a belief, considered ignorant and bigoted in developed countries, was and still is prevalent among lawmakers.

A group of Christian lawmakers led by Hwang Woo-yea of the then governing Saenuri Party, the predecessor of the Liberty Korea Party, demanded in 2013 an "immediate correction" of high school textbooks they believe were "encouraging" gay sex.

"Normalizing homosexual behavior and ignoring the opinions against homosexuality is wrong," Hwang said. "The content should state homosexuality is immoral and also describe why gay people live unhappy lives."

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