Displaying 41926 - 41950 of 58126 recommendations found
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State Under Review:Republic of KoreaRepublic of KoreaRegional groupAsia-Pacific GroupSource Of Reference:IrelandIrelandRegional groupWEOGPolitical groupEUIssue:
- 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.
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:UkraineUkraineRegional groupEEGPolitical groupCISIssue:
- Gender equality
- Women's participation
Type:RecommendationSession:42nd Session, January 2023Status:AcceptedContents:Take further steps towards reducing gender inequality, including by increasing women’s participation in the judiciary and law enforcement, political and public life, and in the private sector.
ExplanationAlready implemented.
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State Under Review:Republic of KoreaRepublic of KoreaRegional groupAsia-Pacific GroupSource Of Reference:Costa RicaCosta RicaRegional groupGRULACPolitical groupOASOEIACSIssue:
- Violence against women / gender-based violence
- Women's and / or girls' rights
- Sexual and / or reproductive rights and / or health broadly
Type:RecommendationSession:42nd Session, January 2023Status:AcceptedContents:Take all necessary measures to eliminate violence, discrimination and hate speech against women and girls, as well as to eradicate gender-based stereotypes, promote education on healthy sexual relationships, consent and gender-based violence, including online sex crimes.
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:ZambiaZambiaRegional groupAfrica GroupPolitical groupAUCommonwealthIssue:
- Violence against women / gender-based violence
Type:RecommendationSession:42nd Session, January 2023Status:AcceptedContents:Strengthen efforts to combat gender-based violence against women.
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State Under Review:Republic of KoreaRepublic of KoreaRegional groupAsia-Pacific GroupSource Of Reference:IndonesiaIndonesiaRegional groupAsia-Pacific GroupPolitical groupASEANOICIssue:
- Women's and / or girls' rights
Type:RecommendationSession:42nd Session, January 2023Status:AcceptedContents:Continue efforts to address gender-based crimes and discrimination against women particularly in the employment sector including by creating conducive working environment for women.
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State Under Review:Republic of KoreaRepublic of KoreaRegional groupAsia-Pacific GroupSource Of Reference:UN CompilationIssue:
- Marginalized groups of women
- Violence against women / gender-based violence
Type:Review DocumentationSession:42nd Session, January 2023Status:Not Followed up with a RecommendationContents:[CRPD] recommended ... ensuring that services for women and girls with disabilities who are victims of gender-based violence were accessible. [Para 80]
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State Under Review:Republic of KoreaRepublic of KoreaRegional groupAsia-Pacific GroupSource Of Reference:Stakeholder SummaryIssue:
- Violence against women / gender-based violence
- Sexual violence
Type:Review DocumentationSession:42nd Session, January 2023Status:Reference AddressedContents:JS2 and JS11 recommended eliminating cyber sexual violence through online platforms. JS2 recommended providing sufficient funding to support services for all victims of digital sex crimes. AI recommended that the Government recognize the transnational nature of online gender-based violence and encourage domestic and international private intermediaries to take all appropriate measures to eliminate all forms of online discrimination and violence. [Para 69]
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State Under Review:Republic of KoreaRepublic of KoreaRegional groupAsia-Pacific GroupSource Of Reference:UN CompilationIssue:
- Sexual abuse
- Sexual exploitation / slavery
Type:Review DocumentationSession:42nd Session, January 2023Status:Reference AddressedContents:CRC urged the State to take all measures necessary to prevent and respond to all manifestations of child sexual exploitation and abuse, including online prostitution and grooming, define and criminalize online grooming, ... and ensure that all children, who were engaged in prostitution and sexual abuse are not treated as offenders but as victims. [Para 68]
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State Under Review:Republic of KoreaRepublic of KoreaRegional groupAsia-Pacific GroupSource Of Reference:PalestinePalestineRegional groupObserverPolitical groupOICALIssue:
- Gender equality
Type:RecommendationSession:14th session, November 2012Status:AcceptedContents:Continue the legislative review with a view to ensuring equality between women and men in law and practice in all areas of life.ImplementationNational Report:
Para 16) The Government shifted the paradigm of policy on women to gender mainstreaming, aiming at achieving gender equality by more effective use of the policies that had been in place, including Gender Impact Analysis and Assessment, Gender Budget and Gender Statistics. The Committee on Gender Equality has been tasked with duties including coordination, cooperation, and execution of policies on gender equality by central government and local government. A new obligation on the ODA to make efforts to encourage equal participation of both genders and to develop measures to ensure gender equality in the programs was introduced.
Para 42) To ensure non-discrimination against women and achieve gender equality, the Government wholly revised the Framework Act on Women’s Development into the Framework Act on Gender Equality. The paradigm of the policies on women shifted from women’s development to the actual gender equality. All Government agencies are now responsible for taking up measures for gender mainstreaming in the course of performing their duties. The revised Act newly stipulates provisions concerning the Gender Impact Analysis and Assessment, Gender Budgeting, Gender Statistics, Education on Gender Sensitivity, and developing and announcing the Gender Equality Index. The national gender equality index is composed of eight categories and 23 indices, including economic activity, decision making, education and career training, welfare, health care, safety, family, and culture and information.
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.
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.
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State Under Review:Republic of KoreaRepublic of KoreaRegional groupAsia-Pacific GroupSource Of Reference:SwitzerlandSwitzerlandRegional groupWEOGPolitical groupOIFIssue:
- Birth registration
Type:RecommendationSession:14th session, November 2012Status:Unclear ResponseContents:Carry out a legislative review so as to ensure an automatic and legal registration at birth, while guaranteeing the protection of personal data and especially the right to access such data.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:PhilippinesPhilippinesRegional groupAsia-Pacific GroupPolitical groupASEANIssue:
- International human rights instruments
- Trafficking in women and / or girls
Type:RecommendationSession:14th session, November 2012Status:AcceptedContents:Consider stepping up its efforts towards ratification of 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:
- International human rights instruments
Type:Review DocumentationSession:14th session, November 2012Status:Reference AddressedContents:CRC recommended the withdrawal of reservations to articles 21, paragraph (a) and 40, paragraph 2 (b) (v) ... [Para 2] -
State Under Review:Republic of KoreaRepublic of KoreaRegional groupAsia-Pacific GroupSource Of Reference:UN CompilationIssue:
- Sexual exploitation / slavery
Type:Review DocumentationSession:14th session, November 2012Status:NeglectedContents:... CEDAW urged the Republic of Korea to: take measures to enhance its current initial screening procedure of entertainment companies which recruit foreign women, and establish an effective in situ monitoring mechanism for establishments where women under an E-6 visa work permit, to ensure that they are not being subjected to exploitation of prostitution ... [Para 20] -
State Under Review:Republic of KoreaRepublic of KoreaRegional groupAsia-Pacific GroupSource Of Reference:Stakeholder SummaryIssue:
- International human rights instruments
Type:Review DocumentationSession:14th session, November 2012Status:NeglectedContents:AI and/or ICJ called for the ratification of OP-CRPD ... [Para 25] -
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: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:BelgiumBelgiumRegional groupWEOGPolitical groupEUOIFIssue:
- Gender equality
- Trafficking in women and / or girls
Type:RecommendationSession:2nd session, May 2008Status:AcceptedContents:As recommended by CEDAW, that a definition on discrimination against women in compliance with Article 1 of CEDAW be adopted and that the fight against trafficking in foreign women be intensified.ImplementationNational Report:
Para 45) The Government has continued its research and review on a general act on anti- discrimination, encompassing grounds for discrimination such as gender, race, religion, and sexual orientation. While studying relevant domestic legislations, international human rights norms, and legislations of other countries, the Government has sought to address social and economic issues that can be entailed in the enactment of a general anti- discrimination act and to strike a balance between the right to equality and the principle of private autonomy. In 2010, the Government organized a special sub-committee consisting of government officials from relevant ministries, academics, legal experts and interest groups for in-depth discussions in this regard. In 2011, two draft bills for anti- discrimination proposed by lawmakers were submitted to the National Assembly, but they expired with the conclusion of the 18th National Assembly session in May 2012.
Para 52) The Government submitted to the National Assembly in November 2011 the amendments to the Criminal Act. The proposed amendments prohibit acts stipulated in the UN Protocol to Prevent, Suppress and Punish Trafficking annexed to the Convention against Transnational Organized Crime with relevant penal provisions. Having expired as the 18th National Assembly session closed in May 2012, the bill will be re-submitted to the 19th National Assembly. The Government plans to take domestic procedures required to ratify the Protocol after the proposed amendments are passed.
Para 53) In order to prevent inter-country marriage suspected of human trafficking, the Government amended the Act on Management of Marriage Brokerage Agency in 2010. The amendment requires international marriage brokerage agencies to provide personal information of service users to each other in writing and to offer translation and interpretation services to facilitate communication between the would-be couple. In February 2012, the Act was amended again to add provisions prohibiting certain acts of the brokers that may lead to trafficking with a penalty for non-compliance. In addition, local governments in charge of the registration of international marriage brokerage agencies regularly monitor practices of the agencies in cooperation with relevant authorities.
Para 54) As an effort to deter the international sex trade, Korean nationals convicted of sex trade abroad may now be denied of issuing or renewing passports, upon the notification by Office of Prosecution to the Ministry of Foreign Affairs and Trade.
Para 55) Foreign women, who are acknowledged as victims of trafficking for sex trade, are entitled to the same protection and support as local women in accordance with applicable legislations. In certain circumstances, some victims may be granted work/residence permit. -
State Under Review:Republic of KoreaRepublic of KoreaRegional groupAsia-Pacific GroupSource Of Reference:CanadaCanadaRegional groupWEOGPolitical groupOASOIFCommonwealthIssue:
- Marital rape
- Training for state personnel on sexual rights issues
- Domestic violence
- Sexual violence
- Violence against women / gender-based violence
Type:RecommendationSession:2nd session, May 2008Status:AcceptedContents:That marital rape, child abuse and domestic violence be criminalized, perpetrators are prosecuted and sanctioned, human rights training be provided for officials dealing with instances of domestic violence and child abuse, and that child-sensitive procedures be adopted during criminal proceedings involving children.ImplementationNational Report:
Para 49) The victim of rape is defined as a "woman" in the Criminal Act without further specification, which means that anyone who rapes his wife can be prosecuted under the Criminal Act. In effect, the Busan District Court in January 2009 and the Seoul High Court in September 2011 recognized in their rulings aggravated rape charges against husbands, and the rulings have been upheld.
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 57) As a part of the Government's efforts to integrate the perspective of children in criminal procedures, the Office of Prosecution developed a Plan for Improvement of Investigation Practices into Crimes against Children. The plan aims to ensure reliability of statements made by child victims, prevent the "secondary victimization" of child victims in the criminal process, and reflect child victims' statements and perspectives as much as possible. Prosecutors dedicated to child crimes oversee the entire process from preliminary investigation to the execution of sentence and professional advice from child psychiatrists or clinical psychologists is sought. Starting from 2011, it has become mandatory to seek professional opinions on statements of victims in the case of sexual crimes against children aged less than 13. To the end, professionals trained by the Government have been staffed at nationwide comprehensive support centers for victims of sexual crimes.
Para 58) The Act on the Protection of Children and Juveniles from Sexual Abuse was amended in September 2011 as described in Paragraph 16 of this report, and six training sessions from March to June 2012 were offered to attorneys designated as legal aides for children. The sessions aim to enhance their understanding of children in general, children with disabilities, and sufferings caused by sexual abuse.
Para 59) As of June 2012, the Government is working on amending the Special Act on Punishment of Sexual Crimes and Others to provide victims of sexual crimes who are children or have disabilities with assistance from professional aides for making their statements in criminal proceedings. The professional aides refer to those who understand psychological and linguistic characteristics associated with children and the disabled. They participate in investigations or legal proceedings from an impartial standpoint to facilitate or assist communication and to ensure the full representation of the victims' statements without distortion. -
State Under Review:Republic of KoreaRepublic of KoreaRegional groupAsia-Pacific GroupSource Of Reference:National ReportIssue:
- Sex work / "prostitution"
- Violence against women / gender-based violence
- Sexual violence
- Domestic violence
Type:Review DocumentationSession:2nd session, May 2008Status:N/AContents:To prevent violence against women and to ensure the further protection of their human rights, the Act on the Punishment of Procuring Prostitution and Associated Acts and the Act on the Prevention of Prostitution and Protection of Victims (2004), and the Comprehensive Action Plan to Prevent Prostitution (2004) were established. In addition, the Support Center for Victims of Forced Prostitution (2005) was launched to provide rehabilitation support. Also, various support policies were introduced such as the expansion of counseling centers and protection facilities for victims of sexual and domestic violence, the provision of a One-Stop Service for victims, which provides counseling, medical, investigative, and legal needs, and the establishment of dedicated centers for the prevention of sexual violence against children (three locations). [Para 37] -
State Under Review:Republic of KoreaRepublic of KoreaRegional groupAsia-Pacific GroupSource Of Reference:MontenegroMontenegroRegional groupEEGIssue:
- International human rights instruments
Type:RecommendationSession:42nd Session, January 2023Status:Unclear ResponseContents:Ratify the OP-ICESCR.
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:AustraliaAustraliaRegional groupWEOGPolitical groupPIFCommonwealthIssue:
- Intersex persons' rights
- Discrimination based on sexual orientation
- Discrimination based on gender identity
- Transgender persons' rights
Type:RecommendationSession:42nd Session, January 2023Status:Partially AcceptedContents:Adopt a comprehensive anti-discrimination law, including protection for LGBTI persons; and ensure access to legal gender recognition without prerequisites.
ExplanationFormer part: The Government face difficulties in taking immediate actions in a short period of time. … Latter part: Gender recognition requires legislative action as it is a matter of determining the legal status of one’s gender. In the absence of such legislation, the decision to grant gender recognition is a matter of the judiciary and the presiding judge, in line with the decision of the Supreme Court, makes a decision on each specific case, taking into account various factors.