「시민적 및 정치적 권리에 관한 국제규약」 제26조: 평등권 및 차별금지에 관한 국제법적 의무와 한국의 실행

Article 26 of the International Covenant on Civil and Political Rights (ICCPR), which Korea has ratified, is a provision establishing the general principle of equality and non-discrimination for comprehensive grounds of prohibited discrimination. It requires both a negative obligation not to enact discriminatory legislation and a positive obligation to enact legislation to ensure effective protection against discrimination. However, the Human Rights Committee, the body in charge of supervising the Covenant’s implementation, has expressed concerns about the lack of legislation in Korea that specifically prohibits racial discrimination as well as discrimination based on sexual orientation and gender identity, and has urged the enactment of a comprehensive anti-discrimination law. That is, according to the Human Rights Committee, the Republic of Korea has not met its obligations under Article 26 of the Covenant with current legislation. To enact a comprehensive anti-discrimination law that conforms to Korea’s international legal obligations under Article 26 of the ICCPR, it is, therefore, necessary to first have a good understanding of the contents of specific legal obligations borne by Korea under Article 26 of the ICCPR, as well as the current status and challenges in Korea’s laws and practices. In this regard, this article is intended to examine legal obligations under Article 26 of the ICCPR as well as the current status and challenges in Korea’s laws and practices in light of the need to enact a comprehensive anti-discrimination law that complies with international legal obligations.