Displaying 41776 - 41800 of 58160 recommendations found
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State Under Review:Republic of KoreaRepublic of KoreaRegional groupAsia-Pacific GroupSource Of Reference:BelarusBelarusRegional groupEEGPolitical groupCISIssue:
- International human rights instruments
- Trafficking in women and / or girls
Type:RecommendationSession:14th session, November 2012Status:AcceptedContents:Take comprehensive measures in combatting trafficking in persons including by the accession to the Palermo Protocol and by extending an invitation to the Special Rapporteur on trafficking in persons, especially 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. -
State Under Review:Republic of KoreaRepublic of KoreaRegional groupAsia-Pacific GroupSource Of Reference:IsraelIsraelRegional groupWEOGIssue:
- Discrimination based on sexual orientation
- Discrimination based on gender identity
Type:RecommendationSession:42nd Session, January 2023Status:Unclear ResponseContents:Continue to take measures to tackle all forms of discrimination, including on the grounds of 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:MongoliaMongoliaRegional groupAsia-Pacific GroupIssue:
- International human rights instruments
Type:RecommendationSession:42nd Session, January 2023Status:Unclear ResponseContents:Consider joining the OP-CRC-IC.
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:UN CompilationIssue:
- Abortion
Type:Review DocumentationSession:14th session, November 2012Status:NeglectedContents:CRC was concerned that the legislative prohibition on abortion, which provided for very narrowly defined exceptions, did not adequately take into account the best interests of pregnant adolescents and could give rise to situations which exacerbated the difficulties faced by them, including exposing them to the risks of unsafe illegal abortions and/or forced discontinuation of their studies and/or forced release of their children for adoption. [Para 47] -
State Under Review:Republic of KoreaRepublic of KoreaRegional groupAsia-Pacific GroupSource Of Reference:IraqIraqRegional groupAsia-Pacific GroupPolitical groupOICALIssue:
- Birth registration
Type:RecommendationSession:42nd Session, January 2023Status:AcceptedContents:Continue efforts to ensure birth registration, making it available to all children regardless of the legal status of the parents or their origins.
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:Stakeholder SummaryIssue:
- Gender equality
- Domestic violence
- Women's and / or girls' rights
Type:Review DocumentationSession:14th session, November 2012Status:NeglectedContents:... JS5 stated that the spouse reference system reinforced the inequality that existed between the Korean husband and migrant wife. APIL reported on the problem of statelessness faced by divorced women who were required to waive their nationality for marriage with a Korean man COLCGS reported on the problems faced by foreign spouses who suffered domestic abuse. JS5 recommended that the Government abolish the spouse reference system. [Para 39] -
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.
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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.
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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.
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State Under Review:Republic of KoreaRepublic of KoreaRegional groupAsia-Pacific GroupSource Of Reference:UN CompilationIssue:
- Marginalized groups of women
- Gender perspective in policies, programmes
- Women's and / or girls' rights
Type:Review DocumentationSession:42nd Session, January 2023Status:Not Followed up with a RecommendationContents:[CRPD] recommended mainstreaming the rights of women and girls with disabilities into all gender legislation and a gender perspective into disability policies and programmes. [Para 77]
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State Under Review:Republic of KoreaRepublic of KoreaRegional groupAsia-Pacific GroupSource Of Reference:Stakeholder SummaryIssue:
- Sexual harassment
Type:Review DocumentationSession:42nd Session, January 2023Status:Reference AddressedContents:Noting gaps in legislation to punish sexual harassment, HRW recommended that the State ratify and make reforms in alignment with the ILO Convention on Violence and Harassment (No. 190), including comprehensive measures to promote prevention, monitoring, and remedies to ensure work free from violence and harassment. [Para 71]
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State Under Review:Republic of KoreaRepublic of KoreaRegional groupAsia-Pacific GroupSource Of Reference:UN CompilationIssue:
- Birth registration
Type:Review DocumentationSession:42nd Session, January 2023Status:Reference AddressedContents:In 2019, The CRC urged the State to ensure that birth registration was universal and available to all children regardless of their parents’ legal status or origin. [Para 71]
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State Under Review:Republic of KoreaRepublic of KoreaRegional groupAsia-Pacific GroupSource Of Reference:National ReportIssue:
- Gender equality
Type:Review DocumentationSession:2nd session, May 2008Status:N/AContents:In accordance with the recommendations of CEDAW and CERD, a draft Anti-Discrimination Act that prohibits and prevents ungrounded discrimination in all areas of living and provides remedies for damage incurred by unreasonable discrimination was submitted for deliberation before the National Assembly in December 2007 ... [Para 33] -
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:Reference AddressedContents:... Recommended amending applicable laws to guarantee foreign women access to legal procedures regardless of legality of their entry into Korea ... [Para 39] -
State Under Review:Republic of KoreaRepublic of KoreaRegional groupAsia-Pacific GroupSource Of Reference:ColombiaColombiaRegional groupGRULACPolitical groupOASOEIACSIssue:
- Discrimination based on sexual orientation
- Discrimination based on gender identity
Type:RecommendationSession:28th Session November 2017Status:Unclear ResponseContents:Adopt general legislation to combat discrimination on any ground, particularly on the grounds of race, sexual orientation or gender identity, and strengthen the mechanisms to eliminate xenophobic speech against migrants and multi-cultural families.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:Costa RicaCosta RicaRegional groupGRULACPolitical groupOASOEIACSIssue:
- Criminal laws on same-sex sexual practices
- Rights of same-sex desiring persons
Type:RecommendationSession:28th Session November 2017Status:Unclear ResponseContents:Repeal article 92-6 of the Military Criminal Code which criminalizes consensual sexual relations between people of the same sex in the army.ExplanationNoted. Cases regarding whether or not the consensual same-sex activities is punishable under Article 92-6 of the Military Criminal Act and its constitutionality are pending with the ordinary court and the Constitutional Court, and the Government will conform to the final rulings of the judicial branch. -
State Under Review:Republic of KoreaRepublic of KoreaRegional groupAsia-Pacific GroupSource Of Reference:Costa RicaCosta RicaRegional groupGRULACPolitical groupOASOEIACSIssue:
- Gender equality
- Women's participation
Type:RecommendationSession:28th Session November 2017Status:AcceptedContents:Establish a gender quota system to increase women representation in the National Assembly.ExplanationA scheme to expand the ratio of female legislators has already been put in place. The Political Reform Special Committee of the National Assembly agreed on revising the Public Official Election Act to strengthen the effectiveness of the scheme which requires that a certain number of female candidates be recommended in the election of proportional representatives for the National Assembly. -
State Under Review:Republic of KoreaRepublic of KoreaRegional groupAsia-Pacific GroupSource Of Reference:Sri LankaSri LankaRegional groupAsia-Pacific GroupPolitical groupCommonwealthIssue:
- Violence against women / gender-based violence
- Domestic violence
Type:RecommendationSession:28th Session November 2017Status:AcceptedContents:Continue implementation of its Comprehensive Plan to Prevent Domestic Violence, including through awareness raising. -
State Under Review:Republic of KoreaRepublic of KoreaRegional groupAsia-Pacific GroupSource Of Reference:AlgeriaAlgeriaRegional groupAfrica GroupPolitical groupAUOICALIssue:
- Sexual violence
Type:RecommendationSession:28th Session November 2017Status:AcceptedContents:Strengthen the institutional and legal framework to combat violence against children, in particular sexual violence. -
State Under Review:Republic of KoreaRepublic of KoreaRegional groupAsia-Pacific GroupSource Of Reference:Stakeholder SummaryIssue:
- Birth registration
Type:Review DocumentationSession:28th Session November 2017Status:Reference AddressedContents:CGNK encouraged the Government to establish a comprehensive birth registration system. [Para 23] -
State Under Review:Republic of KoreaRepublic of KoreaRegional groupAsia-Pacific GroupSource Of Reference:UN CompilationIssue:
- Forced sterilization
Type:Review DocumentationSession:28th Session November 2017Status:Reference AddressedContents:[CRPD] was concerned about cases of forced sterilization of women with disabilities, despite legal provisions prohibiting the practice. It urged the authorities to eradicate the practice. [Para 63] -
State Under Review:Republic of KoreaRepublic of KoreaRegional groupAsia-Pacific GroupSource Of Reference:OmanOmanRegional groupAsia-Pacific GroupPolitical groupOICALIssue:
- Gender equality
- Women's participation
Type:RecommendationSession:14th session, November 2012Status:AcceptedContents:Take additional measures aimed at eliminating all forms of discrimination against women and at strengthening their situation and participation in all State institutions.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. -
State Under Review:Republic of KoreaRepublic of KoreaRegional groupAsia-Pacific GroupSource Of Reference:RomaniaRomaniaRegional groupEEGPolitical groupEUOIFIssue:
- Birth registration
Type:RecommendationSession:14th session, November 2012Status:Unclear ResponseContents:Enact measures regarding the civil registration of children at birth in order to fight the possible traffic in human beings.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:MoldovaMoldovaRegional groupEEGPolitical groupCISOIFIssue:
- Sexual exploitation / slavery
- Trafficking in women and / or girls
Type:RecommendationSession:14th session, November 2012Status:AcceptedContents:Strengthen the cooperation both at national and international levels in fighting against human trafficking equally for the purposes of sexual exploitation and forced labour.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. -
State Under Review:Republic of KoreaRepublic of KoreaRegional groupAsia-Pacific GroupSource Of Reference:United KingdomUnited KingdomRegional groupWEOGPolitical groupEUCommonwealthIssue:
- HIV and AIDS
Type:QuestionSession:2nd session, May 2008Status:Not Followed up with a RecommendationContents:Some visa categories, notably 'E-2 Teaching Foreign Languages' ask applicants for their HIV status, and there have been reports of foreigners being deported because of their HIV status. Does the ROK Government consider this to be discrimination and, if so, what measures will it take to address this issue?