실질적 평등과 이주민의 인권

This study examines the theoretical discussion of substantive equality, recognizing the limitations of the equal treatment principle that prohibits unfair treatment based on specific attributes. It also considers that the meaning of equality, as a core principle and right of international human rights norms, has evolved in the direction of substantive equality that addresses actual discrimination and inequality and recognizes and accommodates differences. The principle of equal respect and rights requires an analysis of whether people are, based on grounds such as race, ethnicity, sex, disability, and socio-economic status, at a socio-economic disadvantage, whether people experience devaluation, prejudice, stereotyping, or social exclusion, and whether their distinct needs or identities are regarded as deviations from the norms. Furthermore, it demands transforming social institutions, decision-making structures, and cultural norms that sustain such inequality. The discussion has far-reaching implications for securing the equal enjoymen of rights by migrants. First of all, the rights recognized for non-citizens in the international human rights treaties in force in the Republic of Korea must be guaranteed for non-citizens as the fundamental rights under the Constitution. The multi-dimensional analytical framework for substantive equality can be usefully applied in enhancing the human rights of migrants in terms of law and policy. Such framework may comprise: first, addressing the socio-economic disadvantage faced by migrants; second, combating prejudice, social stigma, and hate speech against migrants; third, recognizing cultural, religious or linguistic identities of migrants; and fourth, promoting participation of migrants in society at large and friendly relations among all members of society. It is expected to help to improve the human rights situation of migrants, as well as to facilitate the peaceful coexistence across diversity of people.