During the COVID-19 pandemic in 2020, the Korean government distributed emergency relief payments targeting preschool-age and school-age children. However, children without Korean nationality were largely left out of this support. Numerous civil society organizations and teachers filed complaints with the National Human Rights Commission of Korea (NHRCK), and the NHRCK concluded that this exclusion constituted discrimination, recommending that the Ministry of Health and Welfare correct the policy. This article explains what happened, the legal grounds involved, and what the recommendation means — along with its limitations.

Background

In 2020, the Ministry of Health and Welfare and the Ministry of Education announced policies to provide financial support to families with children, to ease the burden of care gaps and the sudden shift to remote learning caused by COVID-19. Two separate programs were put in place:

  • Special Childcare Support Program (Ministry of Health and Welfare): payments to families raising children in middle school or below
  • Remote Learning Support Grant (Ministry of Education): support for the costs of online schooling for school-age children

Both programs initially excluded children without Korean nationality. The Ministry of Education later revised its policy to include foreign-national children in the Remote Learning Support Grant, but the Ministry of Health and Welfare continued to exclude migrant children from the Special Childcare Support Program. As a result, preschool-age migrant children received no support from that program.

Multiple organizations and individuals who objected to the exclusion of migrant children filed complaints with the National Human Rights Commission of Korea (NHRCK) (case numbers: 20진정0685301 and related). Teachers who had witnessed the effects of the policy firsthand in their classrooms also took part in the complaints.

After reviewing the cases, the NHRCK found that the Ministry of Health and Welfare’s policy of excluding migrant children was discriminatory, and recommended that the ministry correct its approach to childcare support for preschool-age migrant children and their families.

Why This Counts as Discrimination

Everyone shared the same burdens during the pandemic

Social distancing, mandatory mask-wearing, and daycare closures applied equally to migrant families. When everyone is required to follow the same rules, excluding migrant children only from the support that eases the resulting hardship is an arbitrary act of discrimination.

Migrant families may have been hit harder

Many migrant parents work in manufacturing or other jobs where working from home is not possible. Language barriers often mean they cannot easily help their children with remote lessons. Their access to social safety nets is also more limited. For all these reasons, the educational disruption caused by COVID-19 could have been even more severe for migrant children than for their Korean peers.

It sends a damaging message to children who are still forming their identity

Being left out of a support program is not just an administrative matter. For a young child who is still developing their sense of self, the implicit message that “you are not entitled to the same support as other children” can be genuinely harmful to their development and wellbeing.

The Laws and International Standards That Protect Migrant Children

There are multiple domestic and international grounds for including migrant children in support programs.

BasisKey content
Universal Declaration of Human RightsEveryone has the right to education without discrimination based on race, national origin, or social status.
International Covenant on Economic, Social and Cultural Rights (ICESCR)Education must be available to all children without discrimination. Korea has ratified this covenant.
UN Convention on the Rights of the ChildAlso ratified by Korea, this treaty requires that the rights of every child be protected regardless of nationality.
Child Welfare Act (Korea)Places an obligation on the state to guarantee the welfare of all children present in Korea, regardless of nationality.

The Broader Pattern of Discrimination Against Migrants During COVID-19

The exclusion of migrant children from childcare support was one of several incidents where migrants faced discriminatory treatment during the pandemic. Other issues that arose during this period included:

  • Mask supply: During the early stages of government-managed mask distribution, foreign nationals faced different purchasing requirements and often had difficulty obtaining masks.
  • Emergency relief payments: Foreign nationals without Korean nationality were in principle excluded from the first round of general emergency relief payments.
  • Mandatory mass COVID-19 testing of migrant workers: In some regions, public health guidelines required foreign migrant workers to undergo collective COVID-19 testing, which sparked controversy over discriminatory treatment.

What the Recommendation Means — and Where It Falls Short

This NHRCK recommendation is a meaningful step forward: it specifically identified the vulnerable situation of migrant children and their families, and called on the government to correct its policy.

That said, there are reasons to wish it had gone further. The NHRCK stopped short of making the stronger finding that excluding migrant children from emergency relief payments is inherently discriminatory and violates fundamental rights such as the right to education. In the past, the NHRCK has issued full corrective recommendations against discriminatory relief payment policies by local governments, while taking a more cautious approach toward central government policy. We hope the NHRCK will speak up more actively in the future to protect the rights of migrants and migrant children.

Where to Find More Information

Policies and support programs related to migrant children can change at any time. For the most current details on eligibility and available support, please contact the Immigration Contact Center (1345) or your local Korea Immigration Service office.