Displaying 41976 - 42000 of 58126 recommendations found
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State Under Review:Republic of KoreaRepublic of KoreaRegional groupAsia-Pacific GroupSource Of Reference:BeninBeninRegional groupAfrica GroupPolitical groupAUOICOIFIssue:
- International human rights instruments
Type:RecommendationSession:28th Session November 2017Status:Unclear ResponseContents:Ratify the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights (OP-ICESCR).ExplanationNoted. Taking into account a number of factors, such as the discrepancy between the treaties concerned and domestic law, the need for enactment or amendment of relevant laws and impact of ratification, the ROK will continue to consider the ratification of the international treaties to which it has not acceded. -
State Under Review:Republic of KoreaRepublic of KoreaRegional groupAsia-Pacific GroupSource Of Reference:MoldovaMoldovaRegional groupEEGPolitical groupCISOIFIssue:
- Domestic violence
Type:RecommendationSession:14th session, November 2012Status:AcceptedContents:Continue its efforts to prevent and combat domestic violence.ImplementationNational Report:
Para 26) The Government introduced the Comprehensive Plan to Prevent Domestic Violence in 2011, expanded the scope of institutions obliged to receive mandatory education on the prevention of domestic violence, and exerted its effort to raise awareness of domestic violence and its elimination. Police stations at all levels have been deployed with police officers exclusively in charge of domestic violence. The Act on Special Cases Concerning the Punishment, etc. of Crimes of Domestic Violence was amended to strengthen the early response to domestic violence, granting the police with authority to enter the site of violence to investigate; allowing the victims or their legal representatives to request a protective order by the court; and imposing punishment on anyone who fails to comply with an urgent interim measures. The change of resident registration number has been allowed since May 2017, for the victims of sexual violence, domestic violence, or sex trade who either have been damaged or are at risk of damage from the leakage of resident registration number and this policy will further be complemented taking into account the needs of the victims of violence. Moreover, the Government will enact a comprehensive and general legislation for the prevention of gender-based violence.
Para 46) The Government is making efforts to prevent sexual violence and domestic violence by drawing up comprehensive measures through inter-ministerial cooperation to intensify punishment for perpetrators and to strengthen support for victims. In December 2012, the provision that stipulated sex offence as an offence that is punishable only by complaint was abolished. The sex offenders registration and notification system, which was set up to prevent recidivism, has been reformed to allow identification of sex offenders via mail notifications and smartphone applications. Consulting centres and shelters for victims of sexual violence are also being expanded, along with the expansion of free legal aid programs. Public Defender for Victims was adopted in 2012 and has been in operation since 2013 for all victims of sexual violence, providing legal support from the early stages of sexual assault response to investigations and trials.
UN Compilation:
Para 55) The Committee against Torture was concerned at the wide prevalence of violence against women, at the low number of complaints and prosecutions and at the conditional suspension of charges against perpetrators of domestic violence in exchange for education and counselling, which might amount to acquittal and failed to adequately protect the victims. It was concerned that marital rape was not included as a separate offence in the Criminal Act.
Stakeholder Summary:
Para 38) JS1 stated that the 2013 plan against domestic violence considered domestic violence as a private issue of persons involved, which does not require social intervention. The focus of the plan was to maintain a normal family life. The prosecution rate of domestic violence cases remained low. It stated that domestic violence was not properly punished and victims were exposed to continued threats. -
State Under Review:Republic of KoreaRepublic of KoreaRegional groupAsia-Pacific GroupSource Of Reference:IsraelIsraelRegional groupWEOGIssue:
- Discrimination based on sexual orientation
- Discrimination based on gender identity
Type:RecommendationSession:28th Session November 2017Status:Unclear ResponseContents:Step up efforts to end discrimination based on sexual orientation and sexual identity, including through relevant legislation.ExplanationNoted. The Government has devoted considerable legislative efforts to prohibit discrimination through the Constitution and 90 other legislations. Meanwhile, considering the controversy over the prohibited grounds of discrimination, the enactment of the general anti-discrimination law, which provides general remedial procedure for the victims of discriminatory acts, requires considerable examination and opinion-gathering process to reach public consensus regarding the matter. Furthermore, imposing criminal punishment for discriminatory acts requires a careful review. -
State Under Review:Republic of KoreaRepublic of KoreaRegional groupAsia-Pacific GroupSource Of Reference:JapanJapanRegional groupAsia-Pacific GroupIssue:
- Gender equality
- Women's and / or girls' rights
Type:RecommendationSession:14th session, November 2012Status:AcceptedContents:Continue efforts to increase employment opportunities and improve the employment situation for women and to promote women's rights.ImplementationNational Report:
Para 44) In order to address the inequality of women in employment and labour market, the Equal Employment Opportunity and Work-Family Balance Assistance Act stipulates the principle of equal pay for equal work, the violation of which is subject to criminal punishment. Various policies have been put in place to enable work-family balance and prevent women’s career break, such as childcare leave, part-time job, flexible work arrangements, and the establishment of infrastructure for telecommuting and ubiquitous working. Childcare leave was expanded in 2014 to allow the parents with children under the age 8 or grade 2 to take the leave up to one year. In order to promote paternity leave, the Government introduced a Father’s Month program since 2014. If both parents take the childcare leave successively for the same child, the childcare benefit for the second parent is raised to 100% of their ordinary monthly wage up to KRW 1.5 million for the first month of childcare leave.
Para 47) … Since 2013, the enforcement regulation was amended to broaden the scope of the workplace obligated to submit implementation plans. Under the previous regulation, workplaces that fall short of the 60% threshold of the proportion of female employee in the total employee compared to the industry average were obligated to submit the implementation plans. The amended regulation raised the threshold to 70%. The Government also introduced the scheme in which the list of the employers failing to implement proactive employment improvement measures are published, and set up the specific standards. As a result, the proportion of female workforce in the concerned public agencies increased to 36.4% in 2015 and 37.3% in 2016, and the proportion of female in the management increased to 15.9% in 2015 and 16.4% in 2016.
UN Compilation:
Para 53) The HR Committee was concerned about discrimination against women and about the small proportion of women in decision-making positions, the high rate of women in irregular employment and the high wage gap between men and women.
Para 54) The Working Group on business and human rights noted that women reportedly left the labour force at a high rate when they married or had children and found it difficult to reenter the workforce after a career break. ILO Committee of Experts on the Application of Conventions and Recommendations welcomed the measures taken by the Government to reconcile work and family responsibilities as a means of improving women’s participation in employment and requested the Government to continue its efforts.
Stakeholder Summary:
Para 9) NHRCK reported on the under-representation of women in the labour market. Women often had to take up low paid non regular jobs. Balancing work and family life remained difficult largely due to the lack of decent public day care facilities and the low use of paternity leaves. The Government has made some efforts to increase employment rates of women and younger people, but those efforts had limited effect in the last three years.
Para 72) JS2 reported on discrimination against women and on the gender wage gap. Additionally, about 53 percent of women employees were in non-regular jobs. -
State Under Review:Republic of KoreaRepublic of KoreaRegional groupAsia-Pacific GroupSource Of Reference:KyrgyzstanKyrgyzstanRegional groupAsia-Pacific GroupPolitical groupOICCISIssue:
- Birth registration
Type:RecommendationSession:28th Session November 2017Status:Unclear ResponseContents:Establish a universal birth registration system to ensure that all children have access to birth registration immediately after birth, regardless of the status of their parents.ExplanationNoted. When children of non-citizens are born in the ROK, their parents can register the child’s birth via the embassy of their country of origin. The ROK permits the children of non-citizen parents to be registered as a foreigner and to remain in the ROK when the non-citizen parents are unable to register the child’s birth through the embassy because they are recognized refugees, seeking refugee status, or given humanitarian status, provided that birth certificates issued by hospitals prove the biological relationship between the child and his/her parents. -
State Under Review:Republic of KoreaRepublic of KoreaRegional groupAsia-Pacific GroupSource Of Reference:UN CompilationIssue:
- Gender equality
- Women's and / or girls' rights
Type:Review DocumentationSession:14th session, November 2012Status:NeglectedContents:... CEDAW encouraged the promotion of co-responsibility in the domestic sphere and urged the strengthening of efforts to improve the provision and affordability of childcare facilities for children, in particular those in female-headed households. [Para 10] -
State Under Review:Republic of KoreaRepublic of KoreaRegional groupAsia-Pacific GroupSource Of Reference:SloveniaSloveniaRegional groupEEGPolitical groupEUIssue:
- Sexual violence
Type:RecommendationSession:2nd session, May 2008Status:AcceptedContents:Noting that sexual crime is categorized as an offence that is subjected to investigation only upon complaint from the victim, it was recommended that this legal provisions be reviewed, along with other relevant provisions, in order to enhance protection of victims.ImplementationNational Report:
Para 50) Domestic violence is prosecuted in accordance with the Criminal Act and the Special Act on Punishment of Crimes of Domestic Violence and Others, the latter of which stipulates imposing protective disposition on perpetrators of domestic violence for the purpose of change of environment and correction of behavior. The amendments of the Special Act in October 2011 grant emergency intervention authority to judicial public officers in order to ensure speedy protection of victims and allow victims to directly request protection to the court. Starting January 2012, sexual crimes, including rape, against family members are accommodated in the scope of domestic violence, making their victims eligible for the protective services provided to victims of domestic violence, which include counseling sessions, housing at shelters, assistance for medical care, and education for independence and rehabilitation. The amended Act on the Prevention of Domestic Violence and Protection of Victims and Others effective from May 2012 gives police officers, when dispatched to the scene of domestic violence, the authority to enter and investigate the crime scene to protect victims. It enables effective early response by police officers against domestic violence. In addition, the Government stepped up its efforts to raise awareness of the fact that domestic violence is a crime that is punishable by law, not a private matter.
Para 75) Under the current criminal justice system, most sexual crimes, including any sexual crimes against children, juveniles under the age of 19, and persons with disabilities, are subject to investigation and prosecution. Only certain types of sexual crimes against adults, including rape and indecent assault, that do not accompany any physical injury, require complaints filed by the victims to be criminally investigated. Careful consideration of the protection of the victims' privacy shall be given to whether or not the requirement of filing complaints for sexual crimes against adults in order to be subject to criminal justice proceedings should be abolished. -
State Under Review:Republic of KoreaRepublic of KoreaRegional groupAsia-Pacific GroupSource Of Reference:NepalNepalRegional groupAsia-Pacific GroupIssue:
- Women's and / or girls' rights
Type:RecommendationSession:28th Session November 2017Status:AcceptedContents:Take continuous measures for the protection of the rights of women, children and other marginalized groups. -
State Under Review:Republic of KoreaRepublic of KoreaRegional groupAsia-Pacific GroupSource Of Reference:Stakeholder SummaryIssue:
- Marginalized groups of women
- Women's and / or girls' rights
Type:Review DocumentationSession:14th session, November 2012Status:Reference AddressedContents:... Government should formulate policies on the prevention of discrimination against migrant women workers, violence against migrant women, the promotion of maternity protection, and guarantee the right to education and health of the child. [Para 10] -
State Under Review:Republic of KoreaRepublic of KoreaRegional groupAsia-Pacific GroupSource Of Reference:PalestinePalestineRegional groupObserverPolitical groupOICALIssue:
- Gender equality
- Women's participation
Type:RecommendationSession:28th Session November 2017Status:AcceptedContents:Make greater efforts to implement national measures to ensure the reconciliation of work and family responsibilities in order to improve women's participation in the labor market. -
State Under Review:Republic of KoreaRepublic of KoreaRegional groupAsia-Pacific GroupSource Of Reference:Stakeholder SummaryIssue:
- Domestic violence
Type:Review DocumentationSession:14th session, November 2012Status:NeglectedContents:... COLCGS recommended that the police are given powers to prosecute a perpetrator of domestic violence independent of the victim. [Para 47] -
State Under Review:Republic of KoreaRepublic of KoreaRegional groupAsia-Pacific GroupSource Of Reference:Stakeholder SummaryIssue:
- International human rights instruments
Type:Review DocumentationSession:28th Session November 2017Status:NeglectedContents:Joint Submission (JS) 1 stated that the Government should present an implementation plan on the ratification of ... CRC-OP-IC. [Para 13] -
State Under Review:Republic of KoreaRepublic of KoreaRegional groupAsia-Pacific GroupSource Of Reference:UN CompilationIssue:
- Discrimination based on sexual orientation
- Discrimination based on gender identity
Type:Review DocumentationSession:28th Session November 2017Status:Reference AddressedContents:The HR Committee recommended adopting comprehensive antidiscrimination legislation, explicitly addressing all spheres of life and prohibiting discrimination on any ground, including race, sexual orientation and gender identity. [Para 10] -
State Under Review:Republic of KoreaRepublic of KoreaRegional groupAsia-Pacific GroupSource Of Reference:FranceFranceRegional groupWEOGPolitical groupEUOIFIssue:
- Discrimination based on sexual orientation
- Discrimination based on gender identity
Type:RecommendationSession:42nd Session, January 2023Status:Unclear ResponseContents:Continue to strengthen the fight against all forms of discrimination, including those based on sexual orientation and gender identity.
ExplanationNoted. The Government face difficulties in taking immediate actions in a short period of time.
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State Under Review:Republic of KoreaRepublic of KoreaRegional groupAsia-Pacific GroupSource Of Reference:New ZealandNew ZealandRegional groupWEOGPolitical groupPIFCommonwealthIssue:
- Rights of same-sex desiring persons
Type:RecommendationSession:42nd Session, January 2023Status:Unclear ResponseContents:Legalize same-sex marriage and ensure that same-sex couples are recognised as having the same rights and responsibilities as opposite-sex couples in de facto relationships.
ExplanationNoted. The Government does not plan to take immediate action since changes in the family institution, such as allowing same-sex marriage or adoption by same-sex couples, hold legal and social significance.
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State Under Review:Republic of KoreaRepublic of KoreaRegional groupAsia-Pacific GroupSource Of Reference:IranIranRegional groupAsia-Pacific GroupPolitical groupOICIssue:
- Women's and / or girls' rights
Type:RecommendationSession:42nd Session, January 2023Status:AcceptedContents:Address the discrimination against women in political domains.
ExplanationAlready implemented.
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State Under Review:Republic of KoreaRepublic of KoreaRegional groupAsia-Pacific GroupSource Of Reference:FranceFranceRegional groupWEOGPolitical groupEUOIFIssue:
- Abortion
- International human rights instruments
Type:RecommendationSession:42nd Session, January 2023Status:Partially AcceptedContents:Continue to strengthen access to voluntary termination of pregnancy and consider ratifying the Council of Europe Convention on preventing and combating violence against women and domestic violence.
ExplanationThe latter part is noted. … Former part: An amendment bill setting out detailed procedures on artificial abortion and providing basis for social and psychological counseling in the Maternal and Child Health Act has been submitted.
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State Under Review:Republic of KoreaRepublic of KoreaRegional groupAsia-Pacific GroupSource Of Reference:MalaysiaMalaysiaRegional groupAsia-Pacific GroupPolitical groupASEANOICCommonwealthIssue:
- Gender equality
- Women's and / or girls' rights
Type:RecommendationSession:42nd Session, January 2023Status:AcceptedContents:Promote gender equality by eliminating the drivers of discrimination against women and increasing women’s participation in the public and private sectors.
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State Under Review:Republic of KoreaRepublic of KoreaRegional groupAsia-Pacific GroupSource Of Reference:IndiaIndiaRegional groupAsia-Pacific GroupPolitical groupCommonwealthIssue:
- Abortion
- Sexual and / or reproductive rights and / or health broadly
Type:RecommendationSession:42nd Session, January 2023Status:AcceptedContents:Consider expediting amendment of the Criminal Act to decriminalize abortion and ensuring access to safe reproductive health services for women, including safe and legal abortion.
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State Under Review:Republic of KoreaRepublic of KoreaRegional groupAsia-Pacific GroupSource Of Reference:Stakeholder SummaryIssue:
- Intersex persons' rights
- Discrimination based on sexual orientation
- Discrimination based on gender identity
Type:Review DocumentationSession:42nd Session, January 2023Status:Not Followed up with a RecommendationContents:JS6 recommended ensuring that LGBTI youth are free from discrimination and bullying in schools. [Para 57]
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State Under Review:Republic of KoreaRepublic of KoreaRegional groupAsia-Pacific GroupSource Of Reference:Stakeholder SummaryIssue:
- Intersex persons' rights
- Discrimination based on sexual orientation
- Discrimination based on gender identity
Type:Review DocumentationSession:42nd Session, January 2023Status:Reference AddressedContents:AI recommended enacting comprehensive anti-discrimination legislation prohibiting discrimination based on, among others, sexual orientation, gender identity, expression and sex characteristics. [Para 23]
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State Under Review:Republic of KoreaRepublic of KoreaRegional groupAsia-Pacific GroupSource Of Reference:UN CompilationIssue:
- Marital rape
- Violence against women / gender-based violence
Type:Review DocumentationSession:42nd Session, January 2023Status:Reference AddressedContents:[CEDAW] recommended strengthening efforts to combat gender-based violence against women and amending article 297 of the Criminal Code so as to place the lack of free consent of the victim at the centre of the definition and criminalizing marital rape. [Para 61]
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State Under Review:Republic of KoreaRepublic of KoreaRegional groupAsia-Pacific GroupSource Of Reference:BangladeshBangladeshRegional groupAsia-Pacific GroupPolitical groupOICCommonwealthIssue:
- Sexual exploitation / slavery
Type:QuestionSession:2nd session, May 2008Status:Not Followed up with a RecommendationContents:Concerning female migrant workers entering the country with entertainment visas and being lured into the sex industry, Bangladesh asked whether the Republic of Korea envisaged reviewing the issuance of this category of visa. -
State Under Review:Republic of KoreaRepublic of KoreaRegional groupAsia-Pacific GroupSource Of Reference:National ReportIssue:
- Gender equality
Type:Review DocumentationSession:2nd session, May 2008Status:N/AContents:The framework for the elimination of discrimination against women and the enhancement of gender equality has been put in place with the establishment of the Ministry of Gender Equality, revision of the Framework Act on Women's Development and the establishment of the Basic Plan for Women's Policy. These initiatives made possible the abolition of the Family Head System, which was a prime example of gender discriminatory law, and the amendment of the Civil Act which came into effect in January 2008, which is designed to ensure that no one is unreasonably disadvantaged due to the principle of taking the father's surname only. [Para 72] -
State Under Review:Republic of KoreaRepublic of KoreaRegional groupAsia-Pacific GroupSource Of Reference:AlgeriaAlgeriaRegional groupAfrica GroupPolitical groupAUOICALIssue:
- Women's and / or girls' rights
Type:RecommendationSession:2nd session, May 2008Status:AcceptedContents:To take measures to protect and fulfill the rights of all women migrant workers and to ensure that they are not subjected to discriminatory practices.ImplementationNational Report:
Para 68) The measures described in Paragraphs 66 and 67 are applied in the same manner to women migrant workers. They are also entitled to the same maternity protection as Korean workers, including prohibition of termination for pregnancy and delivery, and guarantee of maternity leave and childcare leave pay. When the circumstance is deemed necessary, they are allowed to stay for a period required to protect their motherhood after the expiration of their visas. When women migrant workers are investigated by authorities or detained in immigration facilities for the violation of immigration status, a female enforcement officer should be assigned to their cases to prevent any potential sexual harassment. When illegal migrant women are in the process of filing legal claims for remedy for human rights violation, including sex trade or sexual abuse, the deportation order is deferred and they are entitled to temporary residency.
Please note: Para 66) Migrant workers who entered the Republic of Korea under the Employment Permit System are entitled to the same protection as Korean workers pursuant to the relevant labor- related legislations such as the Labor Standards Act, the Minimum Wage Act, and the Occupational Safety and Health Act. The Act on the Employment and Others of Foreign Workers, among others, lays out the principle of prohibition of discrimination against foreign workers and their protection. The issue of transferring to a different workplace has been an ongoing concern under the Employment Permit System. With the amendment of relevant legislation passed in October 2009, transfer applications based on unfair treatment, withholding wages, and other reasons beyond the responsibility of migrant workers are accepted without restriction.
Please note: Para 67) In 2011, with a view to addressing work-related grievances of migrant workers, the Government opened a counseling center for migrant workers, which offers counseling services in ten different languages. In addition, more support centers for migrant workers were established to provide counseling services near their workplaces. As a way to ensure implementation of regulations on the rights of migrant workers, the Government carries out inspections at workplaces that hire a large number of migrant workers for their employment practices, conduct surveys on migrant workers, and monitors workplaces.