Homosexuality Removed from Classification of “Harmful and Obscene” in
Youth Protection Law
The
International Gay and Lesbian Human Rights Commission (IGLHRC),
April 22, 2003
1375 Sutter Street, Suite 222, San Francisco, CA 94109, USA
Telephone: +1-415-255-8680, Fax: +1-415-255-8662
Email: iglhrc@iglhrc.org
On April 3, the Youth Protection Committee of South Korea
removed the classification of homosexuality as “harmful and obscene” from
the 1997 Youth Protection Act. On the previous day, the Korean National Human
Rights Protection Committee (NHRPC), after considering appeals from the Korean
Iban (Korean term used to describe lesbians, gays, bisexuals, and transgenders)
community about how this law justified censorship of LGBT sites on the
internet, had issued a resolution to the Youth Protection Committee. The NHRPC
resolution ruled that prohibiting youth from accessing sites with homosexual
content violates guarantees of pursuit of happiness, equality, and freedom of
_expression enshrined in the Korean Constitution. The Korean Iban community
hails this decision, which follows a two-year battle against this anti-gay
law, as a critical turning point for the movement—and calls for letters of
congratulation to the Korean National Human Rights Protection Committee and
the Youth Protection Committee. This support is especially critical in the
wake of an intense backlash to this revision by anti-gay psychiatrist and
right-wing Christian forces.
ACTION
The Korean Sexual Minority Culture and Rights Center (KSCRC)
calls for letters of congratulation and support from the international human
rights community to the Korean National Human Rights Protection Committee and
the Youth Protection Committee. Please send e-mail messages to the addresses
listed below:
Korean National Human Rights Protection Committee
Mr. Chang-Kuk Kim, President
E-mail: ckkim22@humanrights.go.kr
Website: http://www.humanrights.go.kr/eng/about/greeting/GrPreGre.jsp
Youth Protection Committee
Ms. Seung-Hee Lee, Chairperson
E-mail: dckim@youth.go.kr
Website: http://www.youth.go.kr/english/default.htm
In the “Subject:” line of your message, please
include: “Attention: Seung-Hee Lee, Chairperson”
Please send copies of messages and congratulatory letters
to:
Huso Yi, Deputy Director
Korean Sexual-Minority Culture and Rights Center (KSCRC)
Samheung Bldg., 5th Floor
256-2, Hangangno 2-ga,Yongsan-gu
Seoul, 140-871, Korea
Email: kscrc-en@kscrc.org
SAMPLE LETTER
Dear Sir or Madam,
I am writing as a member of the international human
rights community to commend the recent ruling of the National Human Rights
Protection Committee and Youth Protection Committee to repeal the 1997 Youth
Protection Act to remove homosexuality from the classification of “obscenity
and harmful to youth”. This discriminatory law has been used to justify the
blockage of all homosexual content on internet sites in Korea, in violation of
the rights to freedom of _expression, freedom from discrimination, and
information.
This revision of the 1997 Youth Protection Law is
important because it harmonizes Korean law with the International Covenant on
Civil and Political Rights (ICCPR), to which the Republic of Korea is a
signatory. Articles 2 and 26 of the ICCPR recognize that all persons are equal
before the law and are entitled to protection from discrimination on any
ground including race, color, sex, language, religion, political or other
opinion, national or social origin, property, birth or other status. The
United Nations Human Rights Committee has held this definition to include
sexual orientation as a status protected from discrimination. Moreover,
Article 19 of the ICCPR protects the right to freedom of _expression. Allowing
information about sexual orientation on the internet restores access to vital,
even life-saving information and sources of community, particularly for the
vulnerable population of lesbian and gay youth.
Korean lesbians, gays, bisexuals, and transgenders face
many forms of stigma and prejudice in society. This ruling reflects the
positive commitment of the National Human Rights Protection Committee and
Youth Protection Committee to create a society free from discrimination for
all people. I appreciate your current and future efforts to further the
promise of universality of human rights and to extend protections against
discrimination to every citizen in Korea, regardless of their sexual
orientation.
Sincerely,
[Name]
[Organization]
BACKGROUND INFORMATION
On April 2, the National Human Rights Protection
Committee (NHRPC), after hearing complaints from the Korean Iban community
about censorship of LGBT sites on the internet, issued a resolution stating
that articles criminalizing “distribution of homosexual love” and defining
“homosexual love” as “harmful to youth” in the 1997 Youth Protection
Act should be removed. Prohibiting youths from accessing LGBT sites, according
to the NHRPC, constitutes violations of the rights to pursuit of happiness,
equality, and freedom of _expression guaranteed in the Korean Constitution.
The NHRPC delivered its resolution to the Korean Youth Protection Committee.
The following day, on April 3, the Youth Protection
Committee adopted the NHRPC resolution and announced it would submit a
revision of the Youth Protection Law—with the removal of homosexuality from
the category of “obscenity and harmful to youth”—to Congress. This law
revision proposal was also delivered to several government agencies, such as
the Information Communication Ethics Committee, the Korean Publication Ethics
Committee, the Korea Media Rating Board, and the Korean Broadcasting
Commission, for appropriate revisions within their charters.
The Korean Iban community hails this decision as a
significant victory—one which follows a two-year battle against this
discriminatory law. However, conservative Christian groups and anti-gay
psychiatrists have vociferously protested against this revision of the 1997
Youth Protection Law. In particular, one week ago, the Christian Council of
Korea issued a press release entitled “Does the Korean government promote
homosexuality to youth?”, with sharp anti-gay rhetoric. The Kookmin Ilbo
newspaper, owned by church groups, has printed homophobic articles almost
everyday since the NHRPC’s ruling.
Not only the Korean Iban community, but also the NHRPC
and YPC have come under fire for their stand against discrimination and for
freedom of _expression and information. Against this backdrop, support and
commendation from the international human rights community is especially
critical.
Additional information about the 1997 Youth Protection
Act and its justification of internet censorship can be found in the following
IGLHRC Action Alerts:
“Republic of Korea: Bigotry and Censorship Masquerade
as Protection of Youth”, August 23, 2001, http://www.iglhrc.org/php/section.php?id=5&detail=132
“Republic of Korea: Censorship of Gay and Lesbian
Internet Sites Takes Effect”, January 7, 2002, http://www.iglhrc.org/php/section.php?id=5&detail=89
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