정신장애인의 국제법적 보호와 유엔장애인권리협약의 국내적 이행에 관한 연구

• 영문명: International Law Protection of Mentally Disabled Persons and Implementation of the UN Convention on the Rights of Persons with Disabilities in South Korea
• 발행기관: 국제법평론회
• 저자명: 이명화(Lee, Myunghwa)
• 간행물 정보: 『국제법평론』제59호, 211~225쪽, 전체 15쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2021.06.30

영문 초록

The Convention on the Rights of Persons with Disabilities (CRPD) is a revolutionary agreement to promote the rights of those living with disabilities. Traditionally, those with mental disabilities were separated from society and forced to live in institutions due to a misunderstanding of mental disabilities. The UN CRPD gives a voice to those who were historically isolated and emphasizes the right of disabled persons to be equally protected and recognized before the law. This paper deals with Articles 12, 14, and 15 of the CRPD in discussing the rights of mentally disabled persons. Article 12 of the CRPD states that persons with disabilities should enjoy legal capacity on an equal basis with others in all aspects of life and that state parties shall take measures to provide the support required in exercising legal capacity. Article 14 emphasizes that disability shall in no case justify a deprivation of liberty and that any detention shall be on an equal basis with others in accordance with international human rights law. Article 15 deals with forced treatment and inhumane punishment witnessed in mental institutions, and states the importance of obtaining the free consent of patients in advance of administering treatment. In South Korea, the forced institutionalization of mentally disabled persons is regulated by the Mental Health Welfare Act, which allows for substituted decision-making while excluding the rights, will and preferences of the individual. According to the CRPD, disability cannot be a legitimate reason for institutionalization, yet in South Korea the existence of disability and dangerousness to oneself or others is determined by a psychologist prior to hospitalization. As a state party to the CRPD, the South Korean government has a state responsibility to adhere to its principles and guidelines, and should be prepared to revise the current Mental Health Welfare Act.

목차

Ⅰ. 서 론

Ⅱ. 유엔장애인권리협약과 정신 장애인의 권리 보호

Ⅲ. 국제 사례

Ⅳ. 유엔장애인권리협약의 한국내 이행

Ⅴ. 결 론

키워드

유엔장애인권리협약 정신장애인 강제입원 적법절차 법적 능력 UN CRPD Mentally Disabled Forced Institutionalization Due Process Legal Capacity