Displaying 41851 - 41875 of 58160 recommendations found
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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:BrazilBrazilRegional groupGRULACPolitical groupOASOEIIssue:
- International human rights instruments
Type:RecommendationSession:2nd session, May 2008Status:Unclear ResponseContents:To ratify the CRPD without reservations.ExplanationReservation to only Art. 25 (e) of the Convention is being considered.ImplementationNational Report:
Para 76) Among international human rights instruments, to which the Republic of Korea was recommended to accede at the first UPR, the Government signed and ratified the Convention on the Rights of Persons with Disabilities in 2008 ... The Convention on the Rights of Persons with Disabilities was ratified with reservation to Article 25 (e) which conflicts with a domestic law, but the Government will consider withdrawing the reservation after completing the current amendment of the relevant statute. -
State Under Review:Republic of KoreaRepublic of KoreaRegional groupAsia-Pacific GroupSource Of Reference:NorwayNorwayRegional groupWEOGIssue:
- Intersex persons' rights
- Discrimination based on sexual orientation
- Discrimination based on gender identity
Type:RecommendationSession:42nd Session, January 2023Status:Unclear ResponseContents:Adopt comprehensive anti-discrimination legislation that prohibits discrimination of LGBTQI persons and other marginalised groups.
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: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:FranceFranceRegional groupWEOGPolitical groupEUOIFIssue:
- Discrimination based on sexual orientation
- Discrimination based on gender identity
- Rights of same-sex desiring persons
Type:RecommendationSession:28th Session November 2017Status:Unclear ResponseContents:Adopt a general antidiscrimination law, which includes prohibition of discrimination on the basis of gender identity and sexual orientation, to ensure the protection of the rights of LGBTI persons, repeal the provision of the Military Penal Code, which prohibits and punishes same-sex consensual sexual relations in the army, increase public awareness on the need to respect gender identity and sexual orientation of every individual.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:NetherlandsNetherlandsRegional groupWEOGPolitical groupEUIssue:
- Abortion
Type:RecommendationSession:28th Session November 2017Status:Unclear ResponseContents:Remove all penalties for women who seek abortion, and for doctors and other medical personnel involved in providing these services.ExplanationNoted. Whether to abolish the crime of abortion or to extend the list of circumstances where abortion is permitted is a matter of significant importance as it is associated with the right of an unborn baby to its life as well as the right of a pregnant woman to her life, body and self-determination. This will be decided by taking into account the Constitutional Court’s decision on the pending case of the constitutionality of the crime of abortion, legislative examples of other countries, and opinions of all corners of society. -
State Under Review:Republic of KoreaRepublic of KoreaRegional groupAsia-Pacific GroupSource Of Reference:LaosLaosRegional groupAsia-Pacific GroupPolitical groupASEANOIFIssue:
- Gender equality
- Women's and / or girls' rights
Type:RecommendationSession:28th Session November 2017Status:AcceptedContents:Continue to develop measures to ensure non-discrimination against women and promote gender equality. -
State Under Review:Republic of KoreaRepublic of KoreaRegional groupAsia-Pacific GroupSource Of Reference:ThailandThailandRegional groupAsia-Pacific GroupPolitical groupASEANIssue:
- Sexual exploitation / slavery
- Trafficking in women and / or girls
Type:RecommendationSession:28th Session November 2017Status:AcceptedContents:Further take measures to combat trafficking in persons, particularly women and children, and sexual exploitation, by ensuring effective enforcement of the Criminal Act and providing victims with necessary assistance and protection throughout the process of investigation and trial. -
State Under Review:Republic of KoreaRepublic of KoreaRegional groupAsia-Pacific GroupSource Of Reference:UN CompilationIssue:
- Sexual exploitation / slavery
Type:Review DocumentationSession:28th Session November 2017Status:NeglectedContents:Several United Nations independent experts raised concerns at the agreement on the issue of “comfort women” (thousands of girls and women from several Asian countries, abducted and forced into sexual slavery prior to and during the Second World War) concluded between the Republic of Korea and the neighbouring country in December 2015. The independent experts drew attention to the fact that the agreement did not meet standards of State accountability for gross human rights violations and had been reached without a proper consultation process. They considered that the agreement fell short of meeting the demands of survivors. The Committee against Torture was concerned that the agreement failed to provide redress and reparation or to ensure the right to truth and assurances of non-repetition. [Para 42] -
State Under Review:Republic of KoreaRepublic of KoreaRegional groupAsia-Pacific GroupSource Of Reference:Stakeholder SummaryIssue:
- Violence against women / gender-based violence
- Domestic violence
Type:Review DocumentationSession:28th Session November 2017Status:Reference AddressedContents:JS1 stated that … The Government should amend the legislation, which did not ensure punishment of domestic violence perpetrators, and improve the victim support system. [Para 38] -
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:BelgiumBelgiumRegional groupWEOGPolitical groupEUOIFIssue:
- Gender equality
- Women's and / or girls' rights
Type:RecommendationSession:14th session, November 2012Status:AcceptedContents:Increase governmental efforts to ensure that women, in particular single mothers, can have access, as men do, without any discrimination, to employment, equal pay and matrimonial rights, especially following an inheritance or a divorce.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:IranIranRegional groupAsia-Pacific GroupPolitical groupOICIssue:
- Marginalized groups of women
- Gender equality
Type:RecommendationSession:14th session, November 2012Status:AcceptedContents:Take further legislative measures to formulate policies on the prevention of discrimination and violence against migrant women and child workers and also guarantee their right to education and health.ImplementationNational Report:
Para 59) The Government provides services to migrant women who are victims of domestic violence through the Emergency Support Centre for Migrant Women, founded in 2006. Since 2014, the services became available in 13 different languages. Since April 2014, through the Danuri Helpline, the Government provides a one-stop emergency counselling service on life in Korea and domestic violence report. The Shelter for Migrant Women provides safe protection to migrant women who are victims of domestic violence and their accompanying children and provides assistance for counselling, medical treatment, legal advice, and departure. The average number of persons protected at the centre increased from 17 in 2008 to 271 in 2016. Furthermore, special provisions are written into the Immigrant Act to permit extension of a migrant’s stay in the ROK if the person is a victim of domestic violence, sexual violence, human trafficking, or other forms of violence committed in the country and is in the process of seeking a trial, an investigation by an investigative agency, or other medical procedures, so as to enable the victims to resort to judicial proceedings with confidence.
UN Compilation:
Para 55) ... The Committee on the Elimination of Racial Discrimination noted that migrant women who were subject to domestic and/or sexual violence often did not report such crimes due to fear of losing their legal resident status.
Stakeholder Summary:
Para 12) Female migrants holding E-6 visas (arts and entertainment) were reportedly facing high risk of being exposed to sexual exploitation.
Para 77) ... JS2 stated that female migrant workers frequently suffered from sexual harassment and violence. -
State Under Review:Republic of KoreaRepublic of KoreaRegional groupAsia-Pacific GroupSource Of Reference:BelgiumBelgiumRegional groupWEOGPolitical groupEUOIFIssue:
- International human rights instruments
- Trafficking in women and / or girls
Type:RecommendationSession:14th session, November 2012Status:AcceptedContents:Take more proactive measures to identify and look after victims of human sex trafficking, especially by ratifying 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.
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:Stakeholder SummaryIssue:
- International human rights instruments
- Gender equality
Type:Review DocumentationSession:14th session, November 2012Status:NeglectedContents:Changes to the family registration system in 2008 helped raise the status of women. However, according to article 781 of the Civil Law, the child's surname generally follows that of the father. Based on this provision, the Government had not withdrawn its reservation to article 16 paragraph 1(g) of CEDAW. [Para 4]