Human Rights Commission Urges Government Ministries to Develop Housing Rights Policies for Out-of-Home Youth

"Systemic blind spots despite constitutional guarantee of housing rights"
"Legal basis needed for shelter admission without parental consent"

The National Human Rights Commission of Korea has recommended that government ministries prepare policies to improve the housing rights of "out-of-home youth."

National Human Rights Commission, Jung-gu, Seoul. Yonhap News

On the 23rd, the Commission announced that it had recommended that the Ministers of Gender Equality and Family, Land, Infrastructure and Transport, and Health and Welfare revise relevant statutes, including the Youth Welfare Support Act, the Framework Act on Residence, and the Child Welfare Act.

The Commission pointed out that, although Article 35 of the Constitution stipulates the state's obligation to guarantee the right to housing, out-of-home youth are not being recognized as actual holders of that right. It explained that the threshold for accessing government housing support programs is too high.

The Commission recommended that the Minister of Gender Equality and Family expand the definition of "out-of-home youth" to include young people who choose, of their own will, not to reside in their family home, and to clearly stipulate that parental consent is not required when a youth wishes to enter a shelter. Under the current Youth Welfare Support Act, "out-of-home youth" are defined as young people who have become separated from their guardians due to reasons such as family conflict, abuse, violence, neglect, family breakdown, or running away from home, and who are in need of social protection and support.

In addition, it stated that there is a need to expand the establishment of youth shelters and youth self-reliance support centers, and to prepare housing support measures that take gender-specific characteristics into account in order to prevent sexual violence and sexual exploitation against out-of-home female youth.

It recommended that the Minister of Land, Infrastructure and Transport revise statutes such as the Framework Act on Residence to provide a clear legal basis so that out-of-home youth can receive appropriate housing support, and to devise ways for youth under the age of 19 to be eligible for public rental housing. It also recommended that the Minister of Health and Welfare revise relevant statutes, including the Child Welfare Act, so that youth aged 15 or older are included as beneficiaries of self-reliance support even if they leave shelters or other facilities before completing the program.