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How to revise the Constitutional Law to address gross human rights violations of migrants

  • Journal of Human Rights Studies
  • Abbr : JHRS
  • 2018, 1(1), pp.229-245
  • DOI : 10.22976/JHRS.2018.1.1.229
  • Publisher : Korean Association of Human Rights Studies
  • Research Area : Social Science > Law > Law of Special Parts > Human Rights / International Human Rights Law
  • Published : June 30, 2018

Kim Jongchul 1

1공익법센터 어필

Irregular Papers

ABSTRACT

The human rights of migrants living in Korea have been easily violated. Futhermore, refugees, migrant detainees, the victims of human trafficking, and stateless persons are the most vulnerable people in terms of human rights protection. One of the reasons why their fundamental rights are not guaranteed is that according to the Constitutional Law the human rights holders are ‘nationals’ rather than people. The normative power of the international human rights norms, therefore, should be enhanced by revising the article 6 (1) of the Constitutional Law.

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