hankyoreh

By Noh Hyun-woong, staff reporter

A proposal was made at the 3rd Congress of the World Conference on Constitutional Justice to set up an Asian human rights court to advance the cause of human rights in Asia. The region’s shared experience of severe infringements of human rights by imperialism and dictatorship was given as the grounds for establishing the court.

“It’s time for Asia’s constitutional courts to explore the option of setting up a regional institution for guaranteeing human rights, such as an Asian human rights court, building on the wisdom and experience that we have acquired over the years,” said Park Han-cheol, chief justice of South Korea‘s Constitutional Court. Park was speaking during the “International Standards for Social Integration” session of the conference, which opened at the Shilla Hotel in the Seoul on Sept. 29.

Park cited the Japanese Imperial army’s comfort women as an example of why it is necessary to set up a human rights’ tribunal in which the countries in the region would participate. “Setting up an Asian human rights’ court would be an opportunity to derive lessons from history. The tragic infringement of women‘s human rights that occurs during war and all the other horrors of war must not be allowed to happen again,” Park said.

“Human rights can be even more effectively guaranteed when they move beyond domestic laws inside one country and are mandated by international conventions and international organizations,” he said.

Representatives from constitutional courts from various countries, including Jugnee Amarsanaa, 57, Chairman of the Constitutional Court of Mongolia, as well as representatives from the recently established African and Arab human rights courts, reportedly expressed their agreement with Park’s proposal.

“Asia contains such diversity of religions, ethnic groups, and cultures that it is not an appropriate environment for setting up an international organization. Nevertheless, the countries of Asia share the terrible memories of war and are still unable to resolve the tragedy of history,” said Park Joon-hee, international researcher at the Constitutional Court, in regard to this proposal.

“I consider there to be a great need to establish a human rights tribunal in Asia to protect human rights and values shared across Asia,” the researcher said.

“Activist groups have already been talking about solidarity for universal human rights and the establishment of the Asian Human Rights Commission. I look forward to seeing the judiciary joining the conversation with civic society,” said Hong Sung-soo, professor of human rights law at Sookmyung Women’s University.

On the same day of the congress, a debate was held on the topic of “Challenges of Social Integration in a Globalised World.” The consensus that was reached during the debate was that the primary problem that has occurred in most countries is the reduction of welfare services, which is a result of tighter finances and the economic crisis resulting from globalization.

“In various countries many observations have been made about the welfare system - including social subsidies, health insurance, and pension - in connection with social integration,” said Mourad Medelci, President of the Constitutional Council of Algeria, during his presentation on the topic.

“The degree of social welfare may vary with the economic circumstances in the country, a guarantee of people’s basic rights must be based in a fair social welfare system. Constitutional states in particular must guarantee a minimum livelihood to ensure human dignity,” Medelci said.

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