South Korea: Extend state benefits to same-sex partners, ILGA World and ILGA Asia tell the Supreme Court
Summary:
The National Health Insurance Service (NHIS) of South Korea should extend state benefits to same-sex partners, ILGA World and ILGA Asia said in a joint amicus curiae brief filed before the country’s Supreme Court.
The global federation of organisations working to advance the human rights of LGBTIacronym for lesbian, gay, bisexual, trans and intersex people. Although this is not the acronym available to describe people of diverse sexual orientations, gender identities and expressions, and sex characteristics, it is the most commonly used in United Nations spaces and advocacy. More people and its region working across Asia intervened in a landmark case, in which the Supreme Court will be soon called on to rule whether a same-sex partner is entitled to public health insurance coverage as his partner’s dependant, as is the case for heterosexual couples.
In February 2020, Mr. So Seong-wook successfully registered as a dependent of his same-sex partner, Mr. Kim Yong-min, with the NHIS. However, this status was revoked in October 2020 on the grounds that the initial registration was a ‘mistake.’ – solely based on their sexual orientationrefers to a person’s capacity for profound emotional, affectional and sexual attraction to - and intimate and sexual relations with - individuals of a different gender or the same gender or more than one gender. More. In February 2023, the Seoul High Court overturned a ruling in favor of the NHIS by the Administrative Court, recognising the discriminatory nature of the NHIS’s actions and affirming that spousal coverage should not be restricted to legally-defined families. This win marked the first time a Korean court has recognised the need to protect same-sex couples. The NHIS, however, appealed this ruling, calling on the Supreme Court to decide on the matter.
The case drew the attention of international experts at the United Nationsan international organisation comprising 193 member States. It has the mission of maintaining peace and security, protecting human rights, providing humanitarian aid and ensuring economic and social development across the globe. It is a network of many different bodies and agencies, each of which has a particular role and responsibility. More in May 2024, when the delegation of South Korea reported to the UN Committee on the Elimination of Discriminationunequal or unfair treatment which can be based on a range of grounds - such as age, ethnic background, disability, and diverse sexual orientations, gender identities and expressions or sex characteristics, amongst others. More against Women (CEDAW). CEDAW experts inquired the Korean authorities about this case and measures to ensure the rights of same-sex partners.
Alongside ILGA World and ILGA Asia, other international non-governmental organisations – including Amnesty International and Human Rights Watch – submitted amicus curiae briefs on the case, calling on South Korea to allow LGBTI individuals to enjoy equal access to healthcare and social security benefits.
“Denying health insurance coverage to same-sex couples solely based on who they are violates the principles of equality and non-discrimination”
ILGA World and ILGA Asia amicus brief
According to the ILGA World Database, 35 UN member States have introduced marriage equalitywhere national marriage legislation also includes same-sex couples or gender-neutral reference to the spouses. References to “gay marriage” that are sometimes made by media outlets and decision-makers incorrectly are incorrect, as no country has created a marriage law specifically for same-sex couples. More. South Korea is not among them, nor does it provide the opportunity for civil unions to same-sex couples.
“There is a clear trend within the Asian region and globally around the recognition of same-sex unions. In addition, a growing body of regional and international jurisprudence recognizes that states ought to protect the rights of same-sex partners irrespective of whether or not they legally recognize same-sex marriage or unions. We urge the Court to ensure that same-sex partners are able to access state benefits on equal footing.”
ILGA World and ILGA Asia
Notes to editors
An Amicus curiae (from Latin “friend of the court”) brief, also known as third-party intervention, is a document written by individuals or groups who are not directly involved in a legal case, but have expertise or technical insight to offer a court to assist in making its decision. Such documents may provide background or statistical information in a given case, and set out legal arguments and recommendations.
About ILGA World
ILGA World – the International Lesbianadjective/noun to describe a woman whose enduring physical, romantic, and/or emotional attraction is to other women. Women and non-binary people may use this term to describe themselves. More, Gayadjective to describe people whose enduring physical, romantic, and/ or emotional
attractions are to people of the same gender. Men, women and non-binary people may use this
term to describe themselves. More, Bisexualadjective used to describe a person who has the capacity to form enduring physical, romantic, and/ or emotional attractions to those of the same gender or to those of other genders. More, Transadjective/umbrella term to describe a person whose gender identity does not match the sex they were assigned at birth. More and Intersexan umbrella term for the spectrum of variations of sex characteristics that naturally occur within the human species. Intersex people are born with variations of sex characteristics (such as genitals, reproductive organs, hormonal and chromosomal patterns) that are more diverse than stereotypical definitions of male or female bodies. Up to 1.7% of the global population are born with such traits; yet, because their bodies are seen as different, intersex children and adults are often stigmatised and subject to harmful practices – including in medical settings - and discriminated against. More Association – is a worldwide federation of more than 2,000 organisations from over 170 countries and territories campaigning for the human rights of people with diverse sexual orientations, genderrefers to a social construct which places cultural and social expectations on individuals based on their assigned sex. More identities and expressions, and sex characteristicsa term that refers to physical features relating to sex - including genitalia and other sexual and reproductive anatomy, chromosomes, hormones, and secondary physical features emerging from puberty. More. ilga.org
About ILGA Asia
ILGA Asia, the International Lesbian, Gay, Bisexual, Trans and Intersex Association for Asia, is a regional organisation committed to advancing LGBTIQ+ rights, inclusivity, and equality across Asia. Our work is underpinned by empirical evidence, and we collaborate extensively with member organizations, governments, and civil society to foster a more accepting and equitable society for all, irrespective of sexual orientation, gender identityrefers to a person’s deeply felt internal and individual experience of gender, which may or may not correspond with the sex assigned at birth. More, or expression. Further information is available at ilgaasia.org.
For further inquiries contact:
Nadine Kamila Hassan, ILGA Asia senior communications officer: nadine(a)ilgaasia(dot)org
Daniele Paletta, ILGA World communications manager: media(a)ilga(dot)org
