The Avenue Community Centre for Gender and Sexual Diversity 에서
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Dear Mr. Noh,
The Avenue Community Centre for Gender and Sexual Diversity works to to
address health and social issues in the gay, lesbian, bisexual and
transgender community in Saskatchewan, Canada.
We are writing in response to your legislative decision to exclude 7
groups originally designated as protected under your Anti-Discrimination
Policy. Any meaningful Anti-Discrimination Policy must insure protection of
each and every individual within that population. It is our belief that
identifying certain groups as protected implies that still others are not
protected. The inclusion, and subsequent exclusion, of Sexual Orientation, Medical
History, National Origin, Language, Educational Background, Family Situation or
Family Status, and Criminal or Probation History, as categories to be
protected, implies that the South Korean Government has now deemed said
groups to be unworthy of protection and possibly even deserving of discrimination.
South Korea and its Governing Authorities have consistently been on the
leading edge of Human Rights issues and have an international
reputation for being very liberal and inclusive in their social policy. The signing
of the United Nations Human Rights Treaties, including the International
Covenant on Civil and Political Rights (ICCPR) sent a strong message that all
persons warrant protection from marginalization, segregation, and
discrimination. Article 26 reads "All persons are equal before the law and are entitled
without any discrimination to the equal protection of the law. In this
respect, the law shall prohibit any discrimination and guarantee to all
persons equal and effective protection against discrimination on any
ground"(1) As a signatory, South Korea has pledged to protect the
rights of all.
For Anti-Discrimination legislation to be useful and purposeful it must
be all-inclusive and absent of personal, social, or spiritual judgements.
Personal prejudice and discrimination are the direct result of social
conditioning, fear, and misinformation. Your sudden decision to exclude
certain diversities is in itself an act of discrimination. From a
purely practical standpoint, allowing exclusion of certain marginalized groups
establishes a legal ambiguity in defining to whom the laws apply, and
therefore undermines the intent of this Bill. If this legislation were
to pass, your government would not only be condoning prejudice and
discrimination, but would be promoting it.
It is understood that the South Korean Government is placed in the
difficult position of deciding whether to act in accordance with the will of the
people or to act for the good of the people. However, making such tough
decisions is a fundamental responsibility of Government. Strong
legislation reflecting the sentiments you have already endorsed by signing the UN
Treaty may not be what the majority of the South Korean population approve of
at this time, but only through inclusion will this population achieve an
understanding and acceptance of human diversity. We implore your
Government to re-think the omissions currently proposed and draft legislation that
reflects South Korea's proud history for fairness and justice.
Yours sincerely,
Barbara Clanchy
Director of Community Programs
The Avenue Community Centre for Gender and Sexual Diversity
203 - 220 3rd Avenue South
Saskatoon SK S7K 1M1
Ph: (306) 665-1224
Fax: (306) 665-1280
Email: barbara@avenuecommunitycentre.ca