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The National Assembly Futures Institute publishes reports that predict and analyze the changes in the future environment based on a comprehensive perspective, and derive mid- to long-term national development strategies in consideration of the preferences of the citizens
(23-01 National Assembly Future Agendas) The Future Trajectory of Discrimination and Hate: Policy and Legislative Frameworks

Date : 2023-08-31 item : 23-01 National Assembly Future Agendas P.I : Park Seong-won

(23-01 National Assembly Future Agendas) The Future Trajectory of Discrimination and Hate: Policy and Legislative Frameworks

□Imperative for Investigative Studies on the Evolution of Discrimination and Hatred:

⭘Legislative Efforts on Anti-Discrimination and Hate Speech

-Between 2007 and 2021, attempts to enact the Comprehensive Anti-Discrimination Act and the Act on the Regulation of Hate Speech were made twelve times.

-These proposals were often repealed or withdrawn, primarily due to the expiration of the terms of the National Assembly members who introduced them.

-Over time, the emphasis of these bills transitioned from the prohibition and regulation of discrimination and hate speech to a broader principle of “equality.”

⭘The Ascendance of Discrimination and Hatred in Korean Society

-Korea's strides toward democracy, diversity, and human rights have heightened the visibility of minority and marginalized groups, yet societal and cultural inertia has intensified animosity and discrimination against them.

-Notably, online hate speech and discrimination based on gender, occupation, age, nationality, religion, and sexual orientation have escalated, exacerbated by inadequate legal safeguards for the affected groups.

□Key Research Takeaways:

⭘Current and Projected States of Hatred and Discrimination in Korea

-Individuals with disabilities are most susceptible to discrimination and hatred, followed by women, immigrants, the elderly, and the LGBTQ community.

-Academic discourse on ageism is increasing, and multiple discrimination is recognized in the terms including elderly women, older temporary workers, and seniors with disabilities.

-Factors such as the worsening climate crisis, the proliferation of AI, the growing number of immigrants, and an aging demographic are projected to expand these targets of hatred and discrimination.  

⭘Case Study on Corporate Human Rights Management and Equality Legislation in Prominent Countries

-As a large number of nations, including those from Europe, implement laws to investigate and evaluate companies' efforts in promoting human rights and environmental conservation, Korean companies risk competitive disadvantages if they fail to align with these standards.

- Key points of anti-discrimination and anti-hate laws in advanced countries such as Norway, the UK, Canada, and others.

- Analysis of other countries’ cases to incorporate the emergence of unnoticed marginalized groups resulting from dramatic societal changes and new forms of discrimination including AI discrimination and genetic discrimination, into their laws and regulations.

□Proposal to Fight Hatred and Discrimination:

⭘Enactment of the Anti-Discrimination Act/Equality Act and implementation of the Hate Crime Statistics Act

- In light of the resolution of social conflicts, the Comprehensive Anti-Discrimination Act or Equality Act should be passed as the institution to abolish existing discriminatory systems and prevent social discrimination.

-By examining the approaches of leading advanced countries, there is a significant opportunity to identify novel forms of discrimination and make a legislative effort to address them. This includes genetic discrimination, biases stemming from AI algorithms, and discrimination based on caring responsibilities.

-With the implementation of the Hate Crime Statistics Act, the Minister of Justice should collect information pertaining to crimes committed on the basis of victims’ race, gender, religion, disability, sexual orientation, and ethnicity.

⭘Strengthening Human Rights Education at Schools, Public Institutions, and Companies

-In light of fostering social integration, education that embraces equality and respect for diversity as learning concepts should be expanded.

-Human rights education should be introduced not only to public institutions and civil officials who function as regulators but also to corporations.

-To effectively combat hatred in the media, it's crucial for marginalized groups to have the ability and receive support to consistently engage in media that confronts and challenges these negative narratives.

⭘Expansion of Human Rights Management

-The EU’s “Corporate Sustainability Due Diligence Directive,” potentially effective from 2024, mandates companies to demonstrate their initiatives in mitigating negative environmental, human rights (social), and governance impacts.

-It is vital for companies to leverage human rights management as a catalyst for innovation and productivity enhancement within their organizations.

-The Korean government's “Framework Act on Human Rights Policy,” introduced in 2021, emphasizes corporate accountability in human rights respect. It also establishes mechanisms for victims to seek redress in cases where corporate actions have infringed upon their rights.

⭘Conducting Research on the Relationship between Diversity and Innovation

-Research on how respect for diversity and anti-discrimination is linked to innovation within societies and companies.

-Research focused on quantifying the economic growth that companies can attain by fostering racial diversity and enhancing inclusivity towards LGBTQ candidates.

-Conducting transdisciplinary research is necessary to explore and address new targets of hatred and discrimination, as well as emerging forms of marginalized groups associated with advancements in AI and bioengineering technologies