Police advice to LGBTQ+ individual to avoid public restrooms ruled as rights violation
Symbolic compensation of 300,000 won marks significant recognition of infringement on basic rights
A court has ruled that police advising an LGBTQ+ individual, who was undergoing the process of gender correction and changing their resident registration number, to avoid using public restrooms for a period constitutes an infringement of personal rights.
The court's decision highlights the illegality of such remarks, noting that they fail to consider the reality faced by LGBTQ+ individuals who often struggle with using public restrooms due to societal scrutiny.
The Seoul Central District Court (presiding judge Chung In-jae) dismissed an appeal and ruled partially in favor of plaintiff A in a damages lawsuit against the state.
Neither party appealed the decision, making it final on July 2. The court awarded 300,000 won ($240) in damages, recognizing a portion of the 3 million won claim.
In 2020, the plaintiff A received court approval to change their gender from male to female on the family register.
During the process of changing their resident registration number, A inquired with the police "about the potential issues of using women's public restrooms and presenting a gender correction report receipt if confronted by the police."
Right to comfortably use restrooms
Officer B responded, "Avoid using public restrooms for a while. Enduring for a day or two is not that difficult and not a problem."
A viewed officer B's remark as an infringement of personal rights and filed the lawsuit. Both the first and second instances ruled in favor of A. The appellate court said, "The right to comfortably use restrooms is a fundamental and universal human right."
The court criticized officer B for not taking appropriate action to protect A's rights despite being responsible for safeguarding them.
"Given the unique situation, officer B should have provided suitable advice, suggested reasonable alternatives or at least introduced the procedure for handling reports," the court added.
Instead, the officer's inappropriate suggestion was to "hold it in and resolve it at home."
However, considering that no actual incident occurred and that the police officer received human rights education following a decision by the National Human Rights Commission of Korea (NHRCK) before the lawsuit, the court set the compensation at 300,000 won.
Protection of minority rights
Despite the small compensation amount, the ruling is significant as public restrooms are places where LGBTQ+ individuals often face severe discrimination.
According to a 2021 survey on transgender discrimination (591 respondents) by the NHRCK, 41 percent reported using a restroom of a different gender than their identity due to fear of unfair treatment or scrutiny.
Many respondents also reported avoiding food and drinks (39 percent) or forgoing restroom use altogether (36 percent).
The judiciary has increasingly reflected this reality in its rulings. In 2021, the Pohang branch of the Daegu District Court recognized the responsibility for damages of 7 million won against an academy operator who prohibited a transgender student from using the restroom at the beauty academy they managed.
As police remarks restricting restroom use are now recognized as a human rights violation, this case is expected to set a precedent for similar future incidents.
Lawyer Park Han-hee said, "It is significant that the court viewed remarks infringing on the personal rights of LGBTQ+ individuals not as mere 'slips of the tongue' but as violations of their fundamental right to use restrooms. This is a step towards the judiciary gradually acknowledging and ensuring the protection of minority rights."
source: The Korea Times
A court has ruled that police advising an LGBTQ+ individual, who was undergoing the process of gender correction and changing their resident registration number, to avoid using public restrooms for a period constitutes an infringement of personal rights.
The court's decision highlights the illegality of such remarks, noting that they fail to consider the reality faced by LGBTQ+ individuals who often struggle with using public restrooms due to societal scrutiny.
The Seoul Central District Court (presiding judge Chung In-jae) dismissed an appeal and ruled partially in favor of plaintiff A in a damages lawsuit against the state.
Neither party appealed the decision, making it final on July 2. The court awarded 300,000 won ($240) in damages, recognizing a portion of the 3 million won claim.
In 2020, the plaintiff A received court approval to change their gender from male to female on the family register.
During the process of changing their resident registration number, A inquired with the police "about the potential issues of using women's public restrooms and presenting a gender correction report receipt if confronted by the police."
Right to comfortably use restrooms
Officer B responded, "Avoid using public restrooms for a while. Enduring for a day or two is not that difficult and not a problem."
A viewed officer B's remark as an infringement of personal rights and filed the lawsuit. Both the first and second instances ruled in favor of A. The appellate court said, "The right to comfortably use restrooms is a fundamental and universal human right."
The court criticized officer B for not taking appropriate action to protect A's rights despite being responsible for safeguarding them.
"Given the unique situation, officer B should have provided suitable advice, suggested reasonable alternatives or at least introduced the procedure for handling reports," the court added.
Instead, the officer's inappropriate suggestion was to "hold it in and resolve it at home."
However, considering that no actual incident occurred and that the police officer received human rights education following a decision by the National Human Rights Commission of Korea (NHRCK) before the lawsuit, the court set the compensation at 300,000 won.
Protection of minority rights
Despite the small compensation amount, the ruling is significant as public restrooms are places where LGBTQ+ individuals often face severe discrimination.
According to a 2021 survey on transgender discrimination (591 respondents) by the NHRCK, 41 percent reported using a restroom of a different gender than their identity due to fear of unfair treatment or scrutiny.
Many respondents also reported avoiding food and drinks (39 percent) or forgoing restroom use altogether (36 percent).
The judiciary has increasingly reflected this reality in its rulings. In 2021, the Pohang branch of the Daegu District Court recognized the responsibility for damages of 7 million won against an academy operator who prohibited a transgender student from using the restroom at the beauty academy they managed.
As police remarks restricting restroom use are now recognized as a human rights violation, this case is expected to set a precedent for similar future incidents.
Lawyer Park Han-hee said, "It is significant that the court viewed remarks infringing on the personal rights of LGBTQ+ individuals not as mere 'slips of the tongue' but as violations of their fundamental right to use restrooms. This is a step towards the judiciary gradually acknowledging and ensuring the protection of minority rights."
source: The Korea Times