치매노인의 인권과 돌봄을 위한 헌법적 소고

Abstract

The dementia population is globally increasing, especially the prevalence rate of dementia is relatively becoming higher in Korea than in other countries. It is estimated that the number of older people with dementia will increase from 832,795 in 2020 to 1 million in 2025, 2 million in 2040, and 3 million in 2050. Although the prevalence of dementia is a global issue and many countries are making an effort to develop new medicine for dementia, the current remedies for dementia are for alleviating or slowing down the progression of dementia symptoms rather than fundamentally inhibiting the occurrence. In terms of medical definition, dementia is a “neurocognitive disorder.” However, due to the prevailing misconception about dementia symptoms, it is occasionally confused with schizophrenia even though the symptoms and treatment approach should be completely differentiated. This misconception and negative stereotypes on dementia may lead to social issues, such as discriminating or isolating the older people with dementia based on the negative prejudice and stigma. These negative perspectives are problematic in that the stigmatizing may cause a threat to the basic human rights of older people with dementia. Specifically, physical abuse to harm human rights for older people with dementia is a serious issue. As the physical spatial concept, the body of the older people with dementia should be respected in terms of the human being’s dignity with one person’s pride and value. However, family members' or caregivers’ abuse of older people with dementia is covertly occurring in their own homes or nursing homes. The abusive behaviors appear in several types, such as physical, mental, emotional and sexual violence, economic exploitation, abandonment or neglect. Article 11 of the Constitution of the Republic of Korea declares that everyone is equal before the law. Therefore, considering the human rights equally guaranteed for everyone, the abuse of older people with dementia is highly concerning in constitutional law that states equal basic human rights. This paper aims to urge the government’s obligation and responsibility to guarantee and protect basic human rights of the older people with dementia based on Articles 10, 34, and 37(2) of the Constitution that state human dignity and the right to be protected under the law.