Displaying 41826 - 41850 of 58126 recommendations found
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State Under Review:Republic of KoreaRepublic of KoreaRegional groupAsia-Pacific GroupSource Of Reference:United KingdomUnited KingdomRegional groupWEOGPolitical groupEUCommonwealthIssue:
- International human rights instruments
- Trafficking in women and / or girls
Type:RecommendationSession:14th session, November 2012Status:AcceptedContents:Ratify the Palermo Protocol.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.
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State Under Review:Republic of KoreaRepublic of KoreaRegional groupAsia-Pacific GroupSource Of Reference:UN CompilationIssue:
- Sexual harassment
Type:Review DocumentationSession:14th session, November 2012Status:Reference AddressedContents:... CESCR strongly recommended the adoption and implementation of legislation that criminalizes sexual harassment in the workplace, and the setting up of mechanisms to monitor such implementation. [Para 38] -
State Under Review:Republic of KoreaRepublic of KoreaRegional groupAsia-Pacific GroupSource Of Reference:Stakeholder SummaryIssue:
- Birth registration
Type:Review DocumentationSession:14th session, November 2012Status:NeglectedContents:KFPN observed that children faced discrimination when their mothers are unmarried and recommended that births should be registered done in a way that does not permanently stigmatize them. [Para 37] -
State Under Review:Republic of KoreaRepublic of KoreaRegional groupAsia-Pacific GroupSource Of Reference:ParaguayParaguayRegional groupGRULACPolitical groupOASOEIIssue:
- International human rights instruments
Type:RecommendationSession:42nd Session, January 2023Status:Unclear ResponseContents:Consider the possibility of lifting the reservation to article 16, paragraph 1 g) of the CEDAW.
ExplanationNoted. The Government is continuously reviewing the recommendations.
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State Under Review:Republic of KoreaRepublic of KoreaRegional groupAsia-Pacific GroupSource Of Reference:AzerbaijanAzerbaijanRegional groupEEGPolitical groupOICCISIssue:
- Birth registration
Type:RecommendationSession:42nd Session, January 2023Status:AcceptedContents:Introduce a universal birth registration system in the country.
ExplanationTo introduce the birth notification system, the proposal on an amendment to the Family Relations Registration Act has been drafted and is under deliberation in the National Assembly.
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State Under Review:Republic of KoreaRepublic of KoreaRegional groupAsia-Pacific GroupSource Of Reference:LuxembourgLuxembourgRegional groupWEOGPolitical groupEUOIFIssue:
- Sexuality education
- Discrimination based on sexual orientation
- Discrimination based on gender identity
- HIV and AIDS
- Adolescent pregnancy
Type:RecommendationSession:42nd Session, January 2023Status:AcceptedContents:Provide age-appropriate sex education classes, paying particular attention to the prevention of teenage pregnancy and HIV/AIDS and adequately addressing issues of sexual orientation and gender. gender identity.
ExplanationIn accordance with applicable law, education is provided to all students at every level in Korea without discrimination, and the gender equality perspective is incorporated in the gender education programmes.
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State Under Review:Republic of KoreaRepublic of KoreaRegional groupAsia-Pacific GroupSource Of Reference:EstoniaEstoniaRegional groupEEGPolitical groupEUIssue:
- Marginalized groups of women
- Gender equality
- Violence against women / gender-based violence
Type:RecommendationSession:42nd Session, January 2023Status:AcceptedContents:Organize public awareness raising campaigns to promote gender equality and counter gender-based violence against women, including women and girls with disabilities.
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State Under Review:Republic of KoreaRepublic of KoreaRegional groupAsia-Pacific GroupSource Of Reference:ChileChileRegional groupGRULACPolitical groupOASOEIIssue:
- Gender equality
- Women's participation
Type:RecommendationSession:42nd Session, January 2023Status:AcceptedContents:Continue efforts to increase women’s participation in decision-making processes and reduce the gender salary gap.
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State Under Review:Republic of KoreaRepublic of KoreaRegional groupAsia-Pacific GroupSource Of Reference:UN CompilationIssue:
- Gender equality
- Women's participation
Type:Review DocumentationSession:42nd Session, January 2023Status:Not Followed up with a RecommendationContents:CEDAW recommended the use of temporary special measures to ensure the equal representation of women in highlevel public posts. The Committee recommended that the State consider increasing the number of seats in the National Assembly subject to proportional representation vis-à-vis the local constituency-based seats to increase the number of women parliamentarians and introduce mandatory and enforceable gender quotas, subject to fines, for political parties for the nomination of candidates for election to the National Assembly and provincial and local government councils. [Para 60]
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State Under Review:Republic of KoreaRepublic of KoreaRegional groupAsia-Pacific GroupSource Of Reference:Stakeholder SummaryIssue:
- Transgender persons' rights
Type:Review DocumentationSession:42nd Session, January 2023Status:Reference AddressedContents:AI recommended that the Government stop conditioning legal gender recognition for transgender individuals upon unreasonable and discriminatory requirements such as undertaking psychiatric diagnosis, seeking medical treatment, the prohibition to marry or having children, and that the recognition is made through swift and accessible administrative procedures based on individual self-declaration. [Para 84]
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State Under Review:Republic of KoreaRepublic of KoreaRegional groupAsia-Pacific GroupSource Of Reference:Stakeholder SummaryIssue:
- Domestic violence
Type:Review DocumentationSession:42nd Session, January 2023Status:Reference AddressedContents:JUBILEE encouraged the authorities to create stricter measures against domestic violence and to hold abusers accountable through the justice system. [Para 68]
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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:DenmarkDenmarkRegional groupWEOGPolitical groupEUIssue:
- Discrimination based on sexual orientation
- Discrimination based on gender identity
Type:RecommendationSession:28th Session November 2017Status:Unclear ResponseContents:Adopt a comprehensive anti-discrimination act prohibiting discrimination based on sexual orientation, gender, religion, belief, and race.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:PanamaPanamaRegional groupGRULACPolitical groupOASOEIACSIssue:
- Marital rape
Type:RecommendationSession:28th Session November 2017Status:Unclear ResponseContents:Undertake legislative measures to criminalize marital rape.ExplanationNoted. Under the current law, marital rape is recognized as a criminal offense as the object of the crime of rape is defined as a person, which in itself includes a spouse. -
State Under Review:Republic of KoreaRepublic of KoreaRegional groupAsia-Pacific GroupSource Of Reference:FranceFranceRegional groupWEOGPolitical groupEUOIFIssue:
- Discrimination based on sexual orientation
Type:QuestionSession:2nd session, May 2008Status:Not Followed up with a RecommendationContents:It wished to hear more on measures envisaged to combat discrimination, including based on sexual orientation, particularly in the field of employment. -
State Under Review:Republic of KoreaRepublic of KoreaRegional groupAsia-Pacific GroupSource Of Reference:IndiaIndiaRegional groupAsia-Pacific GroupPolitical groupCommonwealthIssue:
- Gender equality
- Gender perspective in policies, programmes
Type:RecommendationSession:28th Session November 2017Status:AcceptedContents:Take credible steps towards gender mainstreaming and reinforcing the principle of equal pay for equal work. -
State Under Review:Republic of KoreaRepublic of KoreaRegional groupAsia-Pacific GroupSource Of Reference:ChileChileRegional groupGRULACPolitical groupOASOEIIssue:
- Marital rape
- Violence against women / gender-based violence
- Domestic violence
Type:RecommendationSession:28th Session November 2017Status:AcceptedContents:Consider the adoption of a comprehensive strategy to eliminate gender violence, particularly domestic violence and marital rape. -
State Under Review:Republic of KoreaRepublic of KoreaRegional groupAsia-Pacific GroupSource Of Reference:UN CompilationIssue:
- International human rights instruments
- Trafficking in women and / or girls
Type:Review DocumentationSession:28th Session November 2017Status:NeglectedContents:... it was recommended that the Republic of Korea ratify ... the Convention against Transnational Organized Crime, and its Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, … . [Para 2] -
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
- Violence on the basis of sexual orientation
- Violence on the basis of gender identity
Type:Review DocumentationSession:28th Session November 2017Status:Reference AddressedContents:JS1 stated that the Government should officially state that it does not tolerate any form of social stigmatization and discrimination, including violence against persons based on their sexual orientation or gender identity and develop and carry out public campaigns and training to public officials to promote sensitivity and respect for diversity in respect of sexual orientation and gender identity. [Para 32] -
State Under Review:Republic of KoreaRepublic of KoreaRegional groupAsia-Pacific GroupSource Of Reference:UN CompilationIssue:
- Sex work / "prostitution"
Type:Review DocumentationSession:2nd session, May 2008Status:NeglectedContents:Recommended, inter alia, to review the law in order to ensure that women in prostitution are not criminalized [Para 17; CERD, CEDAW]. -
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. -
State Under Review:Republic of KoreaRepublic of KoreaRegional groupAsia-Pacific GroupSource Of Reference:National ReportIssue:
- Gender perspective in policies, programmes
- Women's participation
Type:Review DocumentationSession:2nd session, May 2008Status:N/AContents:Furthermore, in order to incorporate gender perspectives into government polices, a gender impact analysis system was introduced (2003) and applied (2004), and a gender budget analysis system was established (2006). Efforts to raise the participation of women in policy-making process resulted in an increase in the ratio of women in high-level positions; women lawmakers 5.9 per cent (2002) ->14.1 per cent (2007); women in government advisory committees 30.1 per cent (2002) ->33.7 per cent (2006); high-level female public officers 5.5 per cent (2002) ->9.6 per cent (2006); and female professors at national or public universities 9.1 per cent (2002) ->10.97 per cent (2006). [Para 35] -
State Under Review:Republic of KoreaRepublic of KoreaRegional groupAsia-Pacific GroupSource Of Reference:MexicoMexicoRegional groupGRULACPolitical groupOASOEIACSIssue:
- Domestic violence
Type:RecommendationSession:2nd session, May 2008Status:AcceptedContents:To strengthen legislation regarding domestic violence and to take measures to ensure access of migrants to services including access to the justice system. -
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.