Displaying 41726 - 41750 of 58160 recommendations found
-
State Under Review:Republic of KoreaRepublic of KoreaRegional groupAsia-Pacific GroupSource Of Reference:IraqIraqRegional groupAsia-Pacific GroupPolitical groupOICALIssue:
- Gender equality
Type:RecommendationSession:42nd Session, January 2023Status:AcceptedContents:Continue efforts to eliminate the wage gap between women and men.
-
State Under Review:Republic of KoreaRepublic of KoreaRegional groupAsia-Pacific GroupSource Of Reference:SpainSpainRegional groupWEOGPolitical groupEUOEIIssue:
- Abortion
Type:RecommendationSession:42nd Session, January 2023Status:AcceptedContents:Adopt a law that regulates abortion in accordance with the Constitutional Court ruling of April 2019.
-
State Under Review:Republic of KoreaRepublic of KoreaRegional groupAsia-Pacific GroupSource Of Reference:UN CompilationIssue:
- Criminal laws on same-sex sexual practices
Type:Review DocumentationSession:42nd Session, January 2023Status:Reference AddressedContents:The Special Rapporteur on the right to privacy … recommended that article 92-6 of the Military Criminal Act be promptly repealed ... [Para 87]
-
State Under Review:Republic of KoreaRepublic of KoreaRegional groupAsia-Pacific GroupSource Of Reference:Stakeholder SummaryIssue:
- Sexual exploitation / slavery
Type:Review DocumentationSession:42nd Session, January 2023Status:Reference AddressedContents:NHRCK recommended ensuring the rights to justice and remedies for victims of sexual slavery by the military of a foreign country (comfort women). [Para 9]
-
State Under Review:Republic of KoreaRepublic of KoreaRegional groupAsia-Pacific GroupSource Of Reference:UN CompilationIssue:
- HIV and AIDS
- Right to health
Type:Review DocumentationSession:42nd Session, January 2023Status:Reference AddressedContents:[CESCR] urged the State to ensure that persons living with HIV/AIDS enjoyed their right to health, through access to and receipt of care without discrimination. [Para 49]
-
State Under Review:Republic of KoreaRepublic of KoreaRegional groupAsia-Pacific GroupSource Of Reference:UN CompilationIssue:
- International human rights instruments
Type:Review DocumentationSession:2nd session, May 2008Status:NeglectedContents:In 2001, CESCR noted with concern that, according to the Constitution, the status of ICESCR is equal to that of domestic laws and urged the State to accord the ICESRC a legal status that would enable it to be invoked directly within the domestic legal system and that such status be superior to all national laws. [Para 2] -
State Under Review:Republic of KoreaRepublic of KoreaRegional groupAsia-Pacific GroupSource Of Reference:TogoTogoRegional groupAfrica GroupPolitical groupAUOICOIFIssue:
- International human rights instruments
Type:RecommendationSession:28th Session November 2017Status:Unclear ResponseContents:Accelerate the process of ratification of the Optional Protocol to the International Convention on Civil and Political Rights (OP-ICCPR).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:United KingdomUnited KingdomRegional groupWEOGPolitical groupEUCommonwealthIssue:
- Discrimination based on sexual orientation
- Discrimination based on gender identity
Type:RecommendationSession:28th Session November 2017Status:Unclear ResponseContents:Take further action to end discrimination based on gender or sexual orientation in all fields, including in the military.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:IranIranRegional groupAsia-Pacific GroupPolitical groupOICIssue:
- Birth registration
Type:RecommendationSession:28th Session November 2017Status:Unclear ResponseContents:Establish a universal birth registration system that includes children of the refugees and asylum seekers.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:IndiaIndiaRegional groupAsia-Pacific GroupPolitical groupCommonwealthIssue:
- HIV and AIDS
Type:RecommendationSession:28th Session November 2017Status:AcceptedContents:Stop the discriminatory approach that requires only foreign workers in various sectors to mandatorily undergo HIV/AIDS testing, which is not required for Korean nationals. -
State Under Review:Republic of KoreaRepublic of KoreaRegional groupAsia-Pacific GroupSource Of Reference:QatarQatarRegional groupAsia-Pacific GroupPolitical groupOICALIssue:
- Women's and / or girls' rights
Type:RecommendationSession:28th Session November 2017Status:AcceptedContents:Make further efforts to increase access of young people and women to the labour market. -
State Under Review:Republic of KoreaRepublic of KoreaRegional groupAsia-Pacific GroupSource Of Reference:Stakeholder SummaryIssue:
- Sexual harassment
- Sexual exploitation / slavery
- Sexual violence
Type:Review DocumentationSession:28th Session November 2017Status:NeglectedContents:NHRCK recommended that the authorities draw up measures to step up sanctions on perpetrators of sex crimes against children or minors, and take comprehensive actions to tackle sexual harassment through social network services and other online platforms, and sexual violence among students in schools. [Para 6] -
State Under Review:Republic of KoreaRepublic of KoreaRegional groupAsia-Pacific GroupSource Of Reference:UN CompilationIssue:
- International human rights instruments
Type:Review DocumentationSession:28th Session November 2017Status:Reference AddressedContents:... it was recommended that the Republic of Korea ratify the OP-ICESCR, ..., OP-CRPD, ... [Para 2] -
State Under Review:Republic of KoreaRepublic of KoreaRegional groupAsia-Pacific GroupSource Of Reference:SloveniaSloveniaRegional groupEEGPolitical groupEUIssue:
- Sexual exploitation / slavery
- International human rights instruments
- Gender equality
Type:RecommendationSession:14th session, November 2012Status:Unclear ResponseContents:Consider withdrawing the remaining reservations to international human rights instruments to which it is a party (namely to the CRC, ICCPR, OP-CRC-SC, CEDAW).ExplanationThe Government will consider whether the amendment to the Civil Act is necessary or not in order to withdraw the reservation to Article 16(1)(g) of CEDAW, taking social circumstances and public consensus into account; the Government will carefully review Article 40(2) of the CRC, as it is in conflict with Article 110(4) of the Constitution and Article 534 of the Military Court Act which limit the right to appeal under emergency martial law. The amendments of the said laws would require public consensus and a change in the security circumstances.ImplementationNational Report:
Para 10) The inter-ministerial consultations have been carried out on the withdrawal of the reservations to Article 21 paragraph (a) of the CRC pertaining to adoption, as the revisions were made on the related legislations and the process for withdrawal of the reservation is underway. -
State Under Review:Republic of KoreaRepublic of KoreaRegional groupAsia-Pacific GroupSource Of Reference:NorwayNorwayRegional groupWEOGIssue:
- Birth registration
Type:RecommendationSession:14th session, November 2012Status:Unclear ResponseContents:Revise the single parent family support law and introduce legislation to ensure that all children are automatically and legally registered immediately after birth, regardless of parents' legal status and origin.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:SlovakiaSlovakiaRegional groupEEGPolitical groupEUIssue:
- Marital rape
- Domestic violence
- Violence against women / gender-based violence
- Sexual violence
Type:RecommendationSession:14th session, November 2012Status:AcceptedContents:Ensure that domestic violence is properly punished and victims, including those of marital rape, are properly protected.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:NetherlandsNetherlandsRegional groupWEOGPolitical groupEUIssue:
- Sexual harassment
Type:RecommendationSession:14th session, November 2012Status:Unclear ResponseContents:Implement legislation criminalizing sexual harassment in the workplace, and set up mechanisms to monitor the implementation of this legislation.ExplanationWith regard to criminalizing sexual harassment in the workplace, careful review is necessary for the amendment of relevant laws.ImplementationNational Report:
Para 45) Sexual harassment in the workplace is subject to criminal punishment if it constitutes the elements of crimes under the Criminal Act, but in principle, sexual harassment in the workplace is considered as a discriminatory practice. The Equal Employment Opportunity and Work-Family Balance Assistance Act prohibits sexual harassment in the workplace committed by an employer, superior, or worker against other workers. Administrative fine is imposed on an employer who committed sexual harassment, and corrective orders are in place for an employer to take disciplinary measures against anyone who committed sexual harassment in the workplace. The victims of sexual harassment can seek remedial measures by claiming civil damages or filing a complaint to the NHRCK. -
State Under Review:Republic of KoreaRepublic of KoreaRegional groupAsia-Pacific GroupSource Of Reference:UN CompilationIssue:
- Birth registration
Type:Review DocumentationSession:14th session, November 2012Status:Reference AddressedContents:CRC was concerned that current legislation and practice are inadequate in providing for universal birth registration. Birth registrations can be undertaken by adoptive parents or persons holding public authority, resulting in the occurrence of de facto adoptions in the absence of proper judicial oversight, including in situations concerning single adolescent mothers. CRC was concerned that the lack of measures to prevent birth registration of children by third parties could result in these children being subject to sale. [Para 13] -
State Under Review:Republic of KoreaRepublic of KoreaRegional groupAsia-Pacific GroupSource Of Reference:Stakeholder SummaryIssue:
- Discrimination based on sexual orientation
Type:Review DocumentationSession:14th session, November 2012Status:Reference AddressedContents:... The Government should modify relevant regulations to combat discrimination against sexual minorities ... [Para 13] -
State Under Review:Republic of KoreaRepublic of KoreaRegional groupAsia-Pacific GroupSource Of Reference:Stakeholder SummaryIssue:
- Trafficking in women and / or girls
Type:Review DocumentationSession:14th session, November 2012Status:NeglectedContents:... JS5 recommended enactment of a comprehensive definition of human trafficking in line with the Palermo Protocol. [Para 50] -
State Under Review:Republic of KoreaRepublic of KoreaRegional groupAsia-Pacific GroupSource Of Reference:Costa RicaCosta RicaRegional groupGRULACPolitical groupOASOEIACSIssue:
- Discrimination based on sexual orientation
- Discrimination based on gender identity
Type:RecommendationSession:42nd Session, January 2023Status:Unclear ResponseContents:Take the necessary measures to eliminate discrimination based on sexual orientation and gender identity through the adoption of standards and revision of study plans that promote the inclusion of all people.
ExplanationNoted. The Government face difficulties in taking immediate actions in a short period of time.
-
State Under Review:Republic of KoreaRepublic of KoreaRegional groupAsia-Pacific GroupSource Of Reference:GermanyGermanyRegional groupWEOGPolitical groupEUIssue:
- Criminal laws on same-sex sexual practices
Type:RecommendationSession:42nd Session, January 2023Status:Unclear ResponseContents:Repeal Article 92-6 of the Republic of Korea’s Military Criminal Act that punishes sexual activity between same-sex military personnel with sentences of up to two years in prison.
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.
-
State Under Review:Republic of KoreaRepublic of KoreaRegional groupAsia-Pacific GroupSource Of Reference:Sri LankaSri LankaRegional groupAsia-Pacific GroupPolitical groupCommonwealthIssue:
- Domestic violence
Type:RecommendationSession:42nd Session, January 2023Status:AcceptedContents:Continue the commitment towards preventing domestic violence and strengthening support services of victims of domestic violence.
-
State Under Review:Republic of KoreaRepublic of KoreaRegional groupAsia-Pacific GroupSource Of Reference:ArgentinaArgentinaRegional groupGRULACPolitical groupOASOEIIssue:
- Marital rape
- Violence against women / gender-based violence
- Transgender persons' rights
Type:RecommendationSession:42nd Session, January 2023Status:AcceptedContents:Significantly increase efforts to combat gender-based violence against women in all its forms in order to make the necessary legislative amendments to criminalize marital rape, as well as to recognize gender identity, in accordance with personal autonomy and human dignity.
-
State Under Review:Republic of KoreaRepublic of KoreaRegional groupAsia-Pacific GroupSource Of Reference:El SalvadorEl SalvadorRegional groupGRULACPolitical groupOASOEIACSIssue:
- Gender equality
- Women's and / or girls' rights
Type:RecommendationSession:42nd Session, January 2023Status:AcceptedContents:Continue and strengthen its National Plan for the elimination of discrimination against women and the promotion of gender equality.