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Seattle University Collaborative Projects - International Academy of ...

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110. Mental Health and Law in KoreaMental Health, Human Rights Legislation, and the UN Convention on theRights <strong>of</strong> Persons with DisabilitiesJung-jin Kim, Nazarene <strong>University</strong> (kimjj@kornu.ac.kr)We are facing a human rights emergency in mental health. In Korea, people with mentaldisabilities experience a wide range <strong>of</strong> human rights violations. Recent medical and socialstatistics have reported the shocking reality that one in four Korean people will suffer frommental illness at some point in their lives. People with mental disorders encounter prejudice anddiscrimination in almost all aspect <strong>of</strong> their social lives. A majority <strong>of</strong> people with chronicschizophrenic disorder are also kept in mental hospitals and asylums involuntarily due to themisuse <strong>of</strong> mental health law and the lack <strong>of</strong> government control systems. A recent incident inwhich 2 patients committed suicide and 1 patient was suspected to have been murdered bypersonnel at a local private mental hospital highlights the reality <strong>of</strong> living with mental illness anddisabilities. Generally, psychiatric institutions in Korea are associated with gross human rightsviolations including inhuman and degrading treatment and living conditions. Even outside thehealth care context, mentally ill people are excluded from community life and denied basic rightssuch as shelter, food and clothing, and are discriminated against in the fields <strong>of</strong> employment,education and housing due to their mental disability. Many are denied the right to marry andhave children. As a consequence, many people with mental disabilities live in extreme povertywhich, in turn, affects their ability to gain access to appropriate care, integrate into society andrecover from their illness. In 2008 the UN Convention on the Rights <strong>of</strong> Persons with Disabilities(CRPD) came into force. The Convention sets out a wide range <strong>of</strong> rights including, amongothers, civil and political rights, the right to live in the community, participation and inclusion,education, health, employment and social protection. It’s coming into force marks a majormilestone in efforts to promote, protect and ensure the full and equal enjoyment <strong>of</strong> all humanrights for persons with disabilities. The Korean government joined this convention in 2009. Ameeting <strong>of</strong> the United Nations Economic and Social Commission for Asia and the Pacific(ESCAP) will also be held in Incheon, Republic <strong>of</strong> Korea from 29 October to 2 November, 2012based upon the principles <strong>of</strong> the Convention on the Rights <strong>of</strong> Persons with Disabilities. But thatprocess will be too slow for Korea's mentally ill. Unjust discrimination against people on thegrounds <strong>of</strong> mental disorder must be stopped immediately, to improve mental health policy andadministration <strong>of</strong> admission and discharge procedures, and to strengthen community life. Severalsuggestions are <strong>of</strong>fered, such as raising awareness and advocating change for the rights <strong>of</strong> peoplewith mental disabilities, collaborating with international organizations to disseminateinternational human rights standards, developing mental health policies and laws that promotehuman rights, and creating mechanisms to assess and improve human rights conditions based onthe WHO Quality Rights Project.The Addiction Policy, Law and Service Delivery System in Korea264

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