Human Rights Commission: "Be Cautious in Restricting Long-Term Care Benefits Due to Assault or Sexual Harassment by Recipients and Their Families"
[Asia Economy Reporter Lee Gwan-ju] As a legal amendment is being promoted to restrict the provision of long-term care benefits when elderly long-term care insurance recipients and their families verbally abuse or assault long-term care workers, the National Human Rights Commission has expressed concerns.
The Human Rights Commission announced on the 4th that it had expressed its opinion on the 'Partial Amendment to the Elderly Long-Term Care Insurance Act' to the Speaker of the National Assembly.
The amendment includes a provision stating, "The National Health Insurance Corporation may withhold all or part of the long-term care benefits if the recipient or their family members are convicted of verbal abuse, assault, injury, sexual harassment, or sexual violence against long-term care workers."
However, the Human Rights Commission stated, "Even considering the purpose of protecting the human rights of long-term care workers, restricting long-term care benefits as a means is difficult to see as appropriate from a human rights perspective." They explained that restricting long-term care benefits can be seen as a regressive measure against social security rights, and the right to receive benefits is a crucial right directly related to survival rights such as personal hygiene management, maintenance and improvement of physical functions, meal assistance, and bathing for the recipients.
The Commission also pointed out that restricting long-term care benefits due to the actions of family members contradicts the constitutional principle of personal responsibility, and since the amendment does not define the scope of family, it violates the principle of clarity.
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Nonetheless, the Human Rights Commission added that it is an urgent task for the state to establish policy measures to protect the human rights of long-term care workers who report being victims.
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