Displaying 41876 - 41900 of 58126 recommendations found
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State Under Review:Republic of KoreaRepublic of KoreaRegional groupAsia-Pacific GroupSource Of Reference:CzechiaCzechiaRegional groupEEGPolitical groupEUIssue:
- Discrimination based on sexual orientation
Type:RecommendationSession:14th session, November 2012Status:Unclear ResponseContents:Adopt the Anti-discrimination Act as a matter of priority while encompassing also grounds for discrimination on the basis of sexual orientation.ExplanationThe Government will consider the inclusion of sexual orientation in the research and review process for the enactment of the Anti-discrimination Act.ImplementationNational Report:
Para 15) The Constitution, the National Human Rights Commission of Korea Act, and 90 other legislations prohibit discrimination in a number of sectors based on various grounds, including sexual orientation and gender identity. Since 2006, the Government collected various opinions and continued with its research for the sake of legislative integrity in an effort to enact general anti-discrimination laws. Nevertheless, legislative procedure did not proceed, as a number of legislative bills proposed by the Government and lawmakers did not make it to the discussion at the National Assembly and were discarded upon expiration of the term. In 2013, the Government presented the enactment of anti-discrimination act as one of the policy tasks, organizing a working group to undertake the enactment of the law and conducting research on foreign legislations and precedents. Nonetheless, legislative process has been stagnant because of social controversy related to prohibited grounds of discrimination such as sexual orientation. The Government will carry on research and review a number of issues pertaining to the general anti-discrimination law and listen to public opinion.
Stakeholder Summary:
Para 27) JS1 and JS5 stated that lesbian, gay, bisexual, transgender and intersex (LGBTI) persons were subject to discrimination and stigmatization in public and private spheres. JS5 reported on incidents of hate crimes against them. LGBTI adolescents remained a vulnerable group, at the risk of being exposed to hate speech and bullying and of terminating their studies. JS5 concluded that the authorities failed to provide equal protection to LGBTI persons.
Para 29) AI reported that civil society LGBTI groups continued to face discrimination, including at the hands of authorities. In 2015, the Beyond the Rainbow Foundation was refused registration, and the Seoul Metropolitan Police refused to grant a permit to the Pride Parade. The ban was only overturned when the organizers filed a petition to the court. JS1and JS5 made similar observations.
Para 30) Kaleidoscope Australia Human Rights Foundation (Kaleidoscope) stated that the Republic of Korea did not recognise marriage between same-sex couples. The legislation did not specifically state that marriage was between a man and a woman, but all rights and duties in the legislation described marriage as between a husband and wife. JS5 made similar observations.
Para 31) Kaleidoscope stated that LGBTI persons faced discrimination in the context of adoption as they were effectively prohibited from adopting children under the age of 15. -
State Under Review:Republic of KoreaRepublic of KoreaRegional groupAsia-Pacific GroupSource Of Reference:MexicoMexicoRegional groupGRULACPolitical groupOASOEIACSIssue:
- Birth registration
Type:RecommendationSession:14th session, November 2012Status:Unclear ResponseContents:Revise the national legislation with a view to guarantee that all persons are registered at birth, independently of their migrant condition or the nationality of their parents.ExplanationAccording to the Act on the Registration, Etc. of Family Relationship, when the father or the mother cannot register the birth of a child, relatives living with the child or the doctor or midwife involved in his/her delivery is required to do so, and a fine is imposed when the registration is delayed; as such, the government is making efforts to guarantee accurate birth registration. The birth registration of foreign children born in the Republic of Korea can be made through their respective countries' embassies in the Republic of Korea. In cases where the parents of children born in the Republic of Korea cannot make registrations to their country due to reasons such as refugee recognition, permission for stay including alien registration is granted to the children if the biological relationship with their parents can be confirmed by birth certificates issued by the hospital and other institutions.ImplementationNational Report:
Para 50) The universal birth registration requires mandatory birth reporting upon the birth of a child. The birth of a child of foreign nationals born in the Republic of Korea shall be registered in accordance with the laws of their countries even in cases where the parents are undocumented migrants. Children born to refugees can be registered as foreigners if they submit birth certificate issued by a hospital. The Act on the Registration, etc. of Family Relation was amended in May 2016 to allow a prosecutor or the head of a local government to report a child’s birth if the persons who are obligated to report fails to do and jeopardizes the child’s welfare.
UN Compilation:
Para 15) Noting the universal periodic review recommendation on a birth registration system, the Office of the United Nations High Commissioner for Refugees (UNHCR) reported that the birth registration system failed to ensure universal and compulsory birth registration and that foreigners whose children had been born in the country were not able to register their children through the family register, although their children might receive a birth notification document from the hospital.
Stakeholder Summary:
Para 23) JS2 stated that the Government has refused to register births of children of foreign nationals. The parents might register the birth of their child through the embassies of their countries. However, refugees were often reluctant to approach the embassies to register the birth of their child. -
State Under Review:Republic of KoreaRepublic of KoreaRegional groupAsia-Pacific GroupSource Of Reference:MalaysiaMalaysiaRegional groupAsia-Pacific GroupPolitical groupASEANOICCommonwealthIssue:
- Trafficking in women and / or girls
Type:RecommendationSession:14th session, November 2012Status:AcceptedContents:Step up its efforts to address the issue of trafficking of women and children.ImplementationNational Report:
Para 55) The Government amended the Criminal Act to newly stipulate the crime of human trafficking in order to ratify the Protocol to Prevent, Suppress, and Punish Trafficking in Persons, Especially Women and Children, Supplementing the United Nations Convention against Transnational Organized Crime. The amended Criminal Act expanded the purpose of kidnapping and abduction, along with the previously stipulated purpose of “engaging in an indecent act, sexual intercourse or marriage, or for gain” and “transportation of a person out of the Republic of Korea”, to include the purpose of “labour exploitation, sex trafficking, or the acquisition of organs”. The consequentially aggravated crimes of human trafficking were also more specified into bodily injury and murder and death, in line with the principle of liability. A person who recruits, transfers, or delivers another with the intent to commit human trafficking has become principal rather than accessory under the amended Criminal Act, as such acts are defined as distinct acts of crimes. The provision of universal jurisdiction has been introduced so as to punish foreign nationals in the territory of the Republic of Korea, who have committed the same crime outside the Republic of Korea. The Government presented the bill for the consent of the ratification of the Protocol on Trafficking in Persons, which passed National Assembly in 2015 and the instrument of ratification was deposited with the United Nations. The Protocol took effect in Korea on 5 December 2015.
UN Compilation:
Para 57) The HR Committee noted with concern that, while the Republic of Korea was a source, transit and destination country for human trafficking, traffickers were rarely prosecuted and convicted. It was concerned ...that women entering the country on E-6 (culture and entertainment) visas were frequently trapped into prostitution, ... .
Stakeholder Summary:
Para 56) AI stated that the definition of human trafficking was not consistent with international law. JS2 reported that law enforcement officers often failed to identify victims of human trafficking and trafficking victims who were trafficked for labour and sexual exploitation could not receive a proper protection.
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State Under Review:Republic of KoreaRepublic of KoreaRegional groupAsia-Pacific GroupSource Of Reference:National ReportIssue:
- Gender perspective in policies, programmes
Type:Review DocumentationSession:14th session, November 2012Status:N/AContents:The Gender Impact Assessment and Analysis Act was enacted in September 2011 and brought into effect in March 2012. Previously, central administrative bodies and local governments conducted gender impact assessment and analysis on a voluntary basis for a limited range of government projects in accordance with the Fundamental Act on Development of Women. The Gender Impact Assessment and Analysis Act stipulates that gender impact assessment and analysis shall be applied to all legislations as well as major plans and projects. Then, the results of assessment and analysis must be incorporated into policy and budget planning. With regard to sectors especially vulnerable to gender equality which affect daily lives of people, a special gender impact assessment and analysis is to be done with a view to facilitating policy improvements. [Para 23] -
State Under Review:Republic of KoreaRepublic of KoreaRegional groupAsia-Pacific GroupSource Of Reference:UN CompilationIssue:
- Marital rape
- Violence against women / gender-based violence
- Domestic violence
- Sexual violence
Type:Review DocumentationSession:14th session, November 2012Status:Reference AddressedContents:... CEDAW reiterated its regret that marital rape is not criminalized in legislation but only in case law. [Para 18] -
State Under Review:Republic of KoreaRepublic of KoreaRegional groupAsia-Pacific GroupSource Of Reference:Stakeholder SummaryIssue:
- Sexual violence
- Domestic violence
Type:Review DocumentationSession:14th session, November 2012Status:Reference AddressedContents:Domestic violence or sexual assaults tend to be considered personal affairs and are not openly discussed. There is a need to ... hire more female investigators ... [Para 17] -
State Under Review:Republic of KoreaRepublic of KoreaRegional groupAsia-Pacific GroupSource Of Reference:SloveniaSloveniaRegional groupEEGPolitical groupEUIssue:
- Gender equality
Type:QuestionSession:14th session, November 2012Status:Not Followed up with a RecommendationContents:How does the government plan to eliminate stereotypes regarding the roles and responsibilities of women and men in the family and in society? -
State Under Review:Republic of KoreaRepublic of KoreaRegional groupAsia-Pacific GroupSource Of Reference:AlbaniaAlbaniaRegional groupEEGPolitical groupOICOIFIssue:
- Discrimination based on sexual orientation
- Discrimination based on gender identity
Type:RecommendationSession:28th Session November 2017Status:Unclear ResponseContents:Adopt complete legislation against discrimination dealing with all parts of life explicitly and prohibiting discrimination on all grounds, notably based on race, sexual orientation and gender identity.ExplanationNoted. -
State Under Review:Republic of KoreaRepublic of KoreaRegional groupAsia-Pacific GroupSource Of Reference:UruguayUruguayRegional groupGRULACPolitical groupOASOEIIssue:
- Intersex persons' rights
- Rights of same-sex desiring persons
- Transgender persons' rights
Type:RecommendationSession:28th Session November 2017Status:Unclear ResponseContents:Strengthen legal framework to protect people belonging to the LGBTI community, avoiding practices, known as conversion therapies in state premises.ExplanationNoted. The ROK deems it inadequate for a government to prohibit conversion therapy conducted in the private sphere. -
State Under Review:Republic of KoreaRepublic of KoreaRegional groupAsia-Pacific GroupSource Of Reference:KazakhstanKazakhstanRegional groupAsia-Pacific GroupPolitical groupOICCISIssue:
- Birth registration
Type:RecommendationSession:28th Session November 2017Status:AcceptedContents:Consider establishing a system which guarantees all children, regardless of the parents’ nationality and status, the right to birth registration. -
State Under Review:Republic of KoreaRepublic of KoreaRegional groupAsia-Pacific GroupSource Of Reference:ZambiaZambiaRegional groupAfrica GroupPolitical groupAUCommonwealthIssue:
- Violence against women / gender-based violence
- Domestic violence
Type:RecommendationSession:28th Session November 2017Status:AcceptedContents:Amend the legislation to ensure that perpetrators of domestic violence are punished, while the state improves the victim support system. -
State Under Review:Republic of KoreaRepublic of KoreaRegional groupAsia-Pacific GroupSource Of Reference:Russian FederationRussian FederationRegional groupEEGPolitical groupCISIssue:
- Sexual abuse
- Marginalized groups of women
- Violence against women / gender-based violence
- Domestic violence
- Trafficking in women and / or girls
Type:RecommendationSession:28th Session November 2017Status:AcceptedContents:Ensure that foreign women who become victims of domestic violence, sexual abuse, trafficking in human beings and other forms of violence be guaranteed access to justice. -
State Under Review:Republic of KoreaRepublic of KoreaRegional groupAsia-Pacific GroupSource Of Reference:Stakeholder SummaryIssue:
- Discrimination based on sexual orientation
- Discrimination based on gender identity
Type:Review DocumentationSession:28th Session November 2017Status:Reference AddressedContents:JS1 stated that the Government should enact a comprehensive anti-discrimination act that prohibits all forms of discrimination, including race, gender, sexual orientation, and gender identity through discussions with civil society and key stakeholders. [Para 21] -
State Under Review:Republic of KoreaRepublic of KoreaRegional groupAsia-Pacific GroupSource Of Reference:UN CompilationIssue:
- Sexual abuse
- Marginalized groups of women
- Violence against women / gender-based violence
- Domestic violence
- Trafficking in women and / or girls
Type:Review DocumentationSession:28th Session November 2017Status:Reference AddressedContents:In 2012, the Committee on the Elimination of Racial Discrimination urged the authorities to ensure that foreign women who were victims of domestic violence, sexual abuse, trafficking or other forms of violence could confidently access justice, and that women victims of violence were guaranteed a legal stay in the country until they recovered. [Para 57] -
State Under Review:Republic of KoreaRepublic of KoreaRegional groupAsia-Pacific GroupSource Of Reference:DenmarkDenmarkRegional groupWEOGPolitical groupEUIssue:
- Discrimination based on sexual orientation
- Discrimination based on gender identity
Type:RecommendationSession:42nd Session, January 2023Status:Unclear ResponseContents:Ensure further efforts for the adoption of comprehensive anti-discrimination legislation prohibiting discrimination based on, amongst others, 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:IcelandIcelandRegional groupWEOGIssue:
- Criminal laws on same-sex sexual practices
Type:RecommendationSession:42nd Session, January 2023Status:Unclear ResponseContents:Repeal Article 92-6 of the Military Criminal Act to end restrictions on consensual same-sex relations in the military.
ExplanationNoted. Article 92-6 of the Military Criminal Act does not uniformly penalize same-sex sexual relations, and is applied only in cases of direct and specific violation of military discipline and healthy community life.
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State Under Review:Republic of KoreaRepublic of KoreaRegional groupAsia-Pacific GroupSource Of Reference:ItalyItalyRegional groupWEOGPolitical groupEUIssue:
- Violence against women / gender-based violence
- Women's and / or girls' rights
Type:RecommendationSession:42nd Session, January 2023Status:AcceptedContents:Intensify efforts to promote women’s rights and to prevent and combat all forms of discrimination and violence against them, both online and offline.
ExplanationAlready implemented.
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State Under Review:Republic of KoreaRepublic of KoreaRegional groupAsia-Pacific GroupSource Of Reference:IranIranRegional groupAsia-Pacific GroupPolitical groupOICIssue:
- Sexual violence
Type:RecommendationSession:42nd Session, January 2023Status:AcceptedContents:Review the protection and prevention mechanisms on sexual violence in the military and prevent retaliation against those who reported sexual violence and to ensure the rights to justice and remedies for victims.
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State Under Review:Republic of KoreaRepublic of KoreaRegional groupAsia-Pacific GroupSource Of Reference:LithuaniaLithuaniaRegional groupEEGPolitical groupEUIssue:
- Gender equality
- Women's participation
Type:RecommendationSession:42nd Session, January 2023Status:AcceptedContents:Take measures to increase women’s representation in public sector decision-making positions and seek to lower the gender pay gap.
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State Under Review:Republic of KoreaRepublic of KoreaRegional groupAsia-Pacific GroupSource Of Reference:EstoniaEstoniaRegional groupEEGPolitical groupEUIssue:
- Abortion
Type:RecommendationSession:42nd Session, January 2023Status:AcceptedContents:Reform the Criminal Code and other legislation to ensure universal access to safe and legal abortion.
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State Under Review:Republic of KoreaRepublic of KoreaRegional groupAsia-Pacific GroupSource Of Reference:UN CompilationIssue:
- Marginalized groups of women
- Women's and / or girls' rights
Type:Review DocumentationSession:42nd Session, January 2023Status:Not Followed up with a RecommendationContents:[The Committee on the Elimination of Racial Discrimination] recommended ensuring equivalent support and benefits to all marriage migrants and allowing them to change their residence status so that they could continue to live in the country after the marriage was terminated. [Para 91]
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State Under Review:Republic of KoreaRepublic of KoreaRegional groupAsia-Pacific GroupSource Of Reference:Stakeholder SummaryIssue:
- Abortion
Type:Review DocumentationSession:42nd Session, January 2023Status:Reference AddressedContents:NHRCK recommended the provision of access to safe abortion, including insurance coverage of abortion. [Para 15]
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State Under Review:Republic of KoreaRepublic of KoreaRegional groupAsia-Pacific GroupSource Of Reference:UN CompilationIssue:
- Gender equality
Type:Review DocumentationSession:42nd Session, January 2023Status:Reference AddressedContents:The [ILO] Committee of Experts asked the Government to address effectively the existing gender pay gap and to achieve gender equality in employment and occupation. [Para 38]
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State Under Review:Republic of KoreaRepublic of KoreaRegional groupAsia-Pacific GroupSource Of Reference:National ReportIssue:
- Women's participation
Type:Review DocumentationSession:2nd session, May 2008Status:N/AContents:The participation of women in policy-making processes has been increased with the introduction of the Equal Employment Initiative for Women as well as the amendment of the Act on Elections for Public Officers which calls for at least 50 per cent of the political parties' candidates for proportional representation in the National Assembly to be women. Social activities of women have increased as well in the labor market with the establishment of the Basic Plan on Gender Equality in Employment, the establishment of the Comprehensive Human Resources Development Plan for Women and the enactment of the Act for the Creation of a Family-Friendly Social Environment. [Para 73] -
State Under Review:Republic of KoreaRepublic of KoreaRegional groupAsia-Pacific GroupSource Of Reference:Stakeholder SummaryIssue:
- Women's and / or girls' rights
Type:Review DocumentationSession:2nd session, May 2008Status:NeglectedContents:Civil law needs to be amended to guarantee women's equal property rights during marriage and at its dissolution. Among Korean couples, 76.2% register their homes in the husband's name, and when couples file a divorce, only 20 to 40% of the wives receive some assets. [Para 22]