[Relay Interview⑤] Jang Hye-young: "Fundamental Rights Are Not Subject to Agreement"
Interview with the Representative Lawmaker Who Proposed the Anti-Discrimination Act
[Asia Economy Reporter Hyunju Lee] Jang Hye-young, a Justice Party lawmaker who proposed the Anti-Discrimination Act in the 21st National Assembly, stated, "I believe that rather than the political sphere, it is in everyday life where people feel the need for legal grounds, standards, and remedies to protect themselves from discrimination," emphasizing, "Fundamental rights are not subject to negotiation."
Jang said, "Because this concerns the basic rights of humans and citizens, it is not a negotiable issue," adding, "Now, it is a situation where pressure must be applied without compromise." The following is a Q&A with Representative Jang.
- Why is the Anti-Discrimination Act necessary?
= There is a lack of means to address discrimination publicly. It is necessary to have a public mechanism that can acknowledge the existence of certain discrimination, designate it as legally prohibited, and create a forum for dialogue rather than simply punishing it under criminal law when discrimination occurs.
- Are there no provisions for criminal punishment?
= There is one exception: if retaliation occurs after a discrimination complaint is filed and becomes known. While there are provisions for punishing retaliation, there are no provisions for punishing discriminatory acts themselves under this law. (Article 56 of the Anti-Discrimination Act proposed by Representative Jang stipulates that if an employer takes retaliatory measures such as dismissal against a person undergoing relief procedures after experiencing discrimination, they may be punished by imprisonment of up to one year or a fine of up to 10 million won.)
- What changes will occur if the Anti-Discrimination Act is passed?
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= In the UK, there were claims that Christmas would disappear if this law passed, but that was not the case at all. The population of homosexuals did not surge. Other than experiencing less discrimination, no other issues arose. Once the Anti-Discrimination Act is passed, discrimination can be addressed publicly. Until now, those who experienced discrimination had to fight individually, but they will be able to file complaints with the National Human Rights Commission. In my view, when a discrimination complaint is filed, the Human Rights Commission mediates and opens a forum for dialogue. Of course, passing the Anti-Discrimination Act will not instantly eliminate all forms of discrimination. However, it will create a platform for society to engage in a more mature dialogue about discrimination and take a step forward.
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