유엔장애인권리협약의 이행과 정신장애인의 강제입원

The Convention on the Rights of Persons with Disabilities (CRPD) is a comprehensive treaty protecting the rights of those with physical and mental disabilities. Historically, those with mental disabilities have been isolated from society and oftentimes subjected to forced institutionalization. CRPD article 14 forbids deprivation of liberty based on disability, and states that persons with disabilities shall enjoy an equal right to liberty and security. Article 14 implies that those with mental disabilities shall be afforded equal due process rights when being deprived of their liberty. Involuntary commitment cannot be an exception to respecting the constitutional rights of those with mental disabilities, and the CRPD Committee urges state parties to abolish national laws that allow disability to justify a deprivation of liberty. Detention in a mental institution against one’s will can constitute an arbitrary deprivation of liberty and is a violation of CRPD article 14. State parties should refrain from such practices and establish a mechanism to review cases of involuntary commitment. The human rights of mentally disabled persons must be protected with strict legal standards and policies that promote the right to be included in the community. In South Korea, the Mental Health and Welfare Law allows for involuntary commitment based on the existence of a mental disability and dangerousness to self or others. Both criterion is determined by a psychiatrist when a family member applies for commitment. Such a process has resulted in grave violations of constitutional rights, including the right to due process in deprivation of liberty cases. As a state party to the CRPD, the South Korean government has an obligation to adhere to CRPD standards and fulfill its obligations.