노숙인생활시설 인권매뉴얼 (종사자용)

노숙인생활시설 인권매뉴얼 (종사자용)

노숙인생활시설 인권매뉴얼 (종사자용).pdf

노숙인생활시설 인권매뉴얼 (종사자용) ∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙ ∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙ ∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙ ∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙ ∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙ ∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙ ∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙ ∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙ ∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙ ∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙ 노숙인생활시설 인권매뉴얼 C ･ O ･ N ･ T ･ E ･ N ･ T ･ S ii ∙ www.mohw.go.kr Ⅰ. 노숙인과 인권에 대한 이해 ··············································1 1. 인권의 정의 ·············································································2 2. 노숙인과 인권 ··········································································4 3. 노숙인 생활시설에서의 학대 유형 및 대응 ·····························6 1) 신체적 학대 ···············································································6 2) 성적 학대 ················································································10 3) 정신･정서적 학대 ····································································11 4) 자유권 침해 ············································································12 5) 경제적 착취 ············································································17 6) 유기･방임 ················································································18 4. 노숙인 인권보호：인권지킴이단 운영 ····································19 1) 인권지킴이단의 정의 ·······························································19 2) 인권지킴이단의 구성 ·······························································19 3) 인권지킴이단의 기능 ·······························································19 4) 인권지킴이단의 운영 ·······························································20 5) 인권지킴이단의 역할 ·······························································21 5. 노숙인생활시설 종사자의 인권 ··············································25 1) 근로기준법 ··············································································26 2) 노동3권 ···················································································28 Ⅱ. 입소이전단계의 인권보호 ················································31 1. 입소이전단계에서의 충실한 정보제공 ····································32 1) 시설에 관한 사전정보 제공 ····················································32 ∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙ ∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙ ∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙ ∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙ ∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙ ∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙ ∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙ ∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙ ∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙ ∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙ 󰠐 차 󰠐 례 󰠐 Ministry of Health and Welfare ∙ iii 2) 시설생활에 관한 사전정보 제공 ·············································33 3) 시설운영 및 입소절차에 대한 사전정보 제공 ·························33 2. 입소상담 과정에서의 인권보호 ··············································35 1) 입소관련 서류 및 입소절차에 대한 충분한 설명 ···················35 2) 개인정보 및 사생활 보호가 가능한 상담환경 조성 ················36 3) 입소결정과 입소과정에 있어서의 인권보호 ····························36 Ⅲ. 입소초기단계의 인권보호 ················································39 1. 인권 친화적 시설생활 안내 ············· ∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙ ∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙ ∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙ ∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙ ∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙ ∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙ ∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙ ∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙ ∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙ ∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙ 노숙인생활시설 인권매뉴얼 C ･ O ･ N ･ T ･ E ･ N ･ T ･ S iv ∙ www.mohw.go.kr 2) 생활인의 의사존중 ··································································52 3) 생활인의 노동활동 ··································································53 4) 종사자와 생활인에 대한 인권교육 ··········································53 2. 생활인에 대한 평등한 처우 ···················································55 1) 기본원칙 ··················································································55 2) 사후관리 ··················································································55 3. 생활인의 신체적 자유 보장과 개성 존중 ······························57 1) 최후적 수단으로서 신체적 제한 ·············································57 2) 의복과 헤어스타일 존중 ·························································58 3) 개인적 생활스타일 존중 ·························································58 4. 학대와 부적절한 처우를 받지 않을 권리 보장 ·····················60 1) 기본원칙 ··················································································60 2) 인권침해방지를 위한 시설의 조치사항 ···································60 3) 인권침해방지를 위한 종사자의 조치사항 ································61 4) 학대 발생에 대한 종사자의 조치 ···········································61 5) 학대사례 조사과정 ··································································62 6) 학대사례 판정과정에 있어서 인권보호 ···································63 7) 후속 보호조치 ·········································································63 8) 생활인의 사생활 보호 및 비밀보장 ········································64 5. 개인의 욕구에 상응한 적절한 건강관리･의료서비스의 제공 ··65 1) 계획수립 단계에서의 인권보호 ···············································65 2) 서비스 제공 단계에서의 인권보호 ··········································65 3) 인권보호적 사후관리 ·······························································66 4) 인권개념에 기반한 병원진료서비스 제공 ································66 5) 감염병 및 사고예방에 있어서 인권보호 ·································67 ∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙ ∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙ ∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙ ∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙ ∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙ ∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙ ∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙ ∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙ ∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙ ∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙ 󰠐 차 󰠐 례 󰠐 Ministry of Health and Welfare ∙ v 6) 투약에 있어서 인권보호 ·························································68 6. 일상생활지원에서의 인권보호 ················································69 1) 질 높은 영양 및 급식서비스 제공 ·········································69 2) 개인의 상황에 적합한 식사 서비스 ········································70 3) 생활인의 욕구에 반응하는 서비스 ··········································70 7. 깨끗하고 위생적인 환경 제공 ···············································71 1) 기본원칙 ··················································································71 2) 생활인의 자기주도적인 위생환경 조성하기 ····························71 3) 목욕서비스와 인권보호 ···························································72 4) 생활인의 자존감을 배려한 배변서비스 제공 ··························73 5) 가정과 같은 환경 조성 ···························································74 8. 여가･문화생활 등 자치활동의 욕구 충족 노력 ·····················75 1) 기본원칙 ··················································································75 2) 질 높은 서비스 제공을 위한 외부자원 활용 ··························76 3) 자유로운 정보통신생활의 권리 보장 ·······································77 4) 개인소유물 관리 및 소비활동의 권리 보장 ····························77 5) 정치적 의사표현과 투표의 자유권 보장 ·································77 6) 종교의 자유를 보장받을 권리 보장 ········································78 9. 개별적이고 특수한 욕구의 존중 ············································79 1) 사적 생활과 특별한 욕구를 만족시킬 권리 보장 ···················79 2) 공평한 서비스를 누릴 권리 보장 ···········································80 10. 서비스 선택에 있어서의 알 권리와 선택권 보장 ················81 1) 서비스에 대해 알고 선택할 권리 보장 ···································81 2) 서비스의 변경을 요구할 권리 보장 ········································82 ∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙ ∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙ ∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙ ∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙ ∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙ ∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙ ∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙ ∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙ ∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙ ∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙∙ 노숙인생활시설 인권매뉴얼 C ･ O ･ N ･ T ･ E ･ N ･ T ･ S vi ∙ www.mohw.go.kr 11. 의사소통과 고충해결을 위한 노력 ······································83 1) 자유로운 의사표현과 소통 권리 보장 ·····································83 2) 고충의 표현과 해결을 요구할 권리 보장 ·······························83 12. 지역사회 등 외부와의 교류 보장 ········································85 1) 외부인･외부자원과의 유대관계를 유지할 권리 보장 ··············85 2) 자원봉사자 등 외부자원을 통한 서비스 제공 ·························86 Ⅴ. 퇴소단계의 인권보호 ·······················································87 1. 퇴소상담과 결정에 있어서의 정보제공과 자기결정권 보장 ···88 1) 퇴소상담과 결정에 있어서 정보제공 ·······································88 2) 퇴소에 관한 의사표현의 자유권 및 자기결정권 보장 ············88 3) 부당한 사유로 퇴소당하지 않을 권리 보장 ····························89 2. 전원에 필요한 정보제공 및 사후조치 ···································90 1) 전원에 대한 의사표현과 자기결정권 보장 ······························90 2) 전원에 필요한 정보제공 ·························································90 3) 서비스 내역에 대한 사후조치 제공 ········································91 4) 사후 조치 ················································································9