The North Korean Constitution amended on 9 April 2009 includes a provision explicitly stipulating that the state “shall respect and protect human rights” (Article 8). There are other laws in North Korea containing provisions that mention human rights that were enacted before this amendment to the Constitution;
these laws include the Lawyer’s Law (Article 2) and the Criminal Procedure Law (Article 6). North Korea also enacted human rights-related laws such as the Law on the Protection of Persons with Disabilities of 2003, the Law on the Protection of Elderly Persons of 2007, the Law on the Protection and Promotion of the Rights of Women of 2010, the Law on the Protection of the Rights of Children of 2010, and the Law on the Protection of the Rights of Overseas North Koreans of 2022. Human rights education is
also provided in North Korea. In its report submitted for the second cycle of the UPR in 2014, North Korea allotted many pages to its achievements in the protection and promotion of human rights.3 In particular, North Korea stated in the report that various types of human rights education have been provided, including courses at formal educational institutions and training centers for law enforcement personnel; talks with renowned human rights scholars broadcast on television; the publication of books on human rights, including Understanding of International Human Rights Law; and the introduction of major provisions and principles of the international human rights instruments to which North Korea is a party to the public via media outlets on occasions such as the Human Rights Day, International Women’s Day, International Children’s Day, and the International Day of Persons with Disabilities.4
TableⅠ-3 North Korean Laws on Human Rights
Rights Relevant Laws
UDHR, ICCPR
Human dignity, Right to life
Criminal Law; Addendum to the Criminal Law (General Crimes); Law on Disaster Prevention, Rescue and Recovery
Right to liberty and security of person
Administrative Penalty Law; People’s Security Enforcement Law; People’s Security Law;
Prosecution and Surveillance Law; Resident Administration Law; Act on Prevention of Batteries
UN Doc. A/HRC/WG.6/19/PRK/1 (30 January 2014), paras. 30–124.
Ibid., paras. 20–22.
Rights Relevant Laws Right to equality
Law on Equal Rights for Men and Women; Law on the Protection and Promotion of the Rights of Women; Law for the Management of Pyongyang Right to be
protected by law, Right to be presumed innocent
Criminal Law; Lawyer’s Law; Law on the Constitution of the Courts; Law on Complaints and Petitions;
Judgments and Decisions Enforcement Law Right to remedy by
court
Criminal Procedure Law; Civil Procedure Law;
Maritime Litigation Law; Property Execution Law Right to freedom of
movement, residence and
travel
Immigration Law; Resident Administration Law;
Housekeeping Law; Emergency Quarantine Law;
Law on Prevention of Infectious Diseases Right to political
participation
Law on the Delegates Election for All Levels of the People’s Assembly
Right to a nationality Nationality Law Right to freedom of
opinion and expression
Publication Law; Reactionary Ideology and Culture Rejection Act; Youth Education Security Act Right to a family Family Law; Civil Law
Right to property Civil Law; Inheritance Law; Compensation for Damages Law; Property Execution Law
UDHR, ICESCR
Right to food
Agricultural Law; Agricultural Pesticides Law;
Farm Law; Crop Seed Management Law; Law on the Management of Crop Genetic Resources;
Sericulture Law; Food Policy Law; Fisheries Law;
Fish Farming Law
Right to health
Public Health Law; Law on Medical Care; Medical Appraisal Law; Law on Prevention of Infectious Diseases; Emergency Quarantine Law; Medicine Control Law; Law on Border Sanitation Inspection Right to work Labor Law; Labor Protection Law; Law on Labor
Quantification; People’s Economic Planning Law Right to education Education Law; Law on General Education;
Higher Education Law; Distance Education Law Right to social
security
Social Insurance Law; Social Security Law; Law on Disaster Prevention, Rescue and Recovery;
Law on the Protection of Elderly Persons; Law on the Protection of Persons with Disabilities
Right to environment
Environmental Protection Law; Environmental Impact Assessment Law; Air Pollution Prevention Law; Marine Pollution Prevention Law; Daedong River Pollution Prevention Law; Botong River Pollution Prevention Law; Forest Law; Weather Law
Rights Relevant Laws
Right to culture
Law on the Protection of Scenic Sports and Natural Monuments; Law on Gardens; Mineral Spring Law; Law on Nature Protection Area;
Cultural Heritage Protection Law; National Heritage Protection Law
CEDAW Protection of the rights of women
Law on Equal Rights for Men and Women; Law on the Protection and Promotion of the Rights of Women
CRC Protection of the rights of children
Law on the Nursing and Upbringing of Children;
Law on Parenting; Law on the Protection of the Rights of Children
CRPD
Protection of the rights of persons with disabilities
Law on the Protection of Persons with Disabilities Protection of the
rights and interests of overseas North
Koreans
Law on the Protection of the Rights of Overseas North Koreans
However, the concept of human rights recognized in North Korea is very different from the universal concept of human rights. First, while the universal concept of human rights focuses on the rights and freedoms of individuals, North Korea emphasizes human rights of the people as a whole. In other words, the rights and obligations of the citizens of North Korea are based on the collectivist principle, “All for one, one for all” (Article 63 of the Constitution). Despite North Korea’s enactment and implementation of various human rights-related laws, human rights issues continue to be raised due to this collectivist view of human rights.
Second, North Korea insists on pursuing its unique view of human rights based on the Juche ideology.5 Juche ideology has
been pursued as the only official ideology of the state since North Korea specified it as the leading principle for all state activities in enacting the Socialist Constitution in 1972 (Article 4 of the Socialist Constitution). Following the amendment of the Constitution on 11 April 2019, Juche ideology was replaced by Kim Il Sung-Kim Jong Il-ism (Article 3 of the Constitution).
Juche ideology and Kim Il Sung-Kim Jong Il-ism form the core of the Statutes of the Workers’ Party of Korea (hereinafter WPK) and the Ten Principles, which are the foundation of the North Korean regime. To ensure the regime’s stability and succession, North Korean authorities and the WPK have reinforced ideological control over the North Korean people by introducing laws such as the Law on the Kumsusan Palace of the Sun of 2013, the Reactionary Ideology and Culture Rejection Act of 2020, and the Youth Education Security Act of 2021. In addition, they strictly control people’s freedom of thought, conscience and religion, speech and publication, assembly and association, opinion and expression, and election through the Ministry of State Security and the Ministry of Social Security, and operate political prison camps (kwanliso). The Prosecutors’ Offices and courts, which should serve as the last bastions of human rights, have the mission of protecting North Korea’s sovereignty and the socialist
Chosun Human Rights Research Association, Report of the Chosun Human Rights Research Association (Pyongyang: Chosun Human Rights Research Association, 2014), p. 7.
system (Articles 156 and 162 of the Constitution).
Third, the concept of human rights in North Korea emphasizes the rights of the state, and North Korea explains human rights in relation to its sovereignty. Therefore, according to North Korea, issues related to human rights are issues related to national sovereignty, which are subject to the principle of non-interference in the internal affairs of the state.6 North Korea’s concept and understanding of human rights serve as the grounds for its resistance to the accountability proposed by the international community.