UPR Sexual Rights Database

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UN Member State that is reviewed on its human rights record as part of the UPR process.

Categories of the types of information used during reviews

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Source of Reference

Recommending State

UN Member State or Permanent Observer making sexual rights related recommendations, comments or asking questions to the State under Review.

Review Documentation

Sources of information used as the basis for a State’s review.  Includes the State’s National Report, UN Compilation Report and a Stakeholder Summary.

UN Regional Group to which State under Review belongs.

UN Regional Group to which Recommending State belongs.

This will only match recommendations where the Source of Review is a State.

Implementation notes

State responses to recommendations and issues raised in the UN Compilation and Stakeholder summary.

Displaying 41726 - 41750 of 58160 recommendations found
  • State Under Review:

    Republic of Korea

    Republic of Korea
    Regional group
    Asia-Pacific Group
    Source Of Reference:

    United States

    United States
    Regional group
    WEOG
    Political group
    OAS
    Issue:
    • Discrimination based on sexual orientation
    • Rights of same-sex desiring persons
    Type:
    Recommendation
    Session:
    14th session, November 2012
    Status:
    Unclear Response
    Contents:
    Review the possibility of repealing laws that criminalize on the basis of sexual orientation within the military.
    Explanation
    Article 92(5) of the Military Criminal Act has the purpose of maintaining discipline within the military by punishing specific acts of indecent conduct; it is not a regulation for the punishment of sexual orientation itself.
    Implementation
    National Report:
    Para 18) The crime of indecent act stipulated under Article 92-6 of the Military Criminal Act does not intend to impose criminal punishment by reason of one’s sexual orientation, but is set out to uphold military order and discipline, taking into account the nature of communal living in barracks. The Constitutional Court has also ruled several times in favour of the constitutionality of the concerned provision for this reason. Nonetheless, an amendment bill to abolish the provision has been submitted to the National Assembly and the Ministry of National Defence is considering the necessity of the amendment.

    Stakeholder Summary:
    Para 28) AI reported that the Military Criminal Act continued to punish consensual sexual activity between people of the same sex in the military. Gay men faced considerable difficulties in fulfilling their military obligations free from violence, bullying or verbal abuse.
  • State Under Review:

    Republic of Korea

    Republic of Korea
    Regional group
    Asia-Pacific Group
    Source Of Reference:

    Germany

    Germany
    Regional group
    WEOG
    Political group
    EU
    Issue:
    • Birth registration
    Type:
    Recommendation
    Session:
    14th session, November 2012
    Status:
    Accepted
    Contents:
    Establish a national adoption centre and an obligation to register right after birth.
    Implementation
    National 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 Korea

    Republic of Korea
    Regional group
    Asia-Pacific Group
    Source Of Reference:

    UN Compilation

    Issue:
    • Gender equality
    • Gender perspective in policies, programmes
    Type:
    Review Documentation
    Session:
    14th session, November 2012
    Status:
    Neglected
    Contents:
    ... CEDAW recommended strengthening the capacity of the Ministry of Gender Equality and Family to use gender-impact assessments in formulating and implementing legislation and policy measures. [Para 9]
  • State Under Review:

    Republic of Korea

    Republic of Korea
    Regional group
    Asia-Pacific Group
    Source Of Reference:

    Mexico

    Mexico
    Regional group
    GRULAC
    Political group
    OAS
    OEI
    ACS
    Issue:
    • Gender equality
    Type:
    Recommendation
    Session:
    2nd session, May 2008
    Status:
    Accepted
    Contents:
    To carry out public campaigns to make the provisions of the new legislation eliminating the Family Head System and establishing equal rights in the marriage more effective.
    Implementation
    National Report:
    Para 48) With the enforcement of the revised Civil Act in January 2008 which abolished the Family Head System, there have been significant changes in the individual's identity registration system. The Government distributed informational materials on the revised Civil Act and the country's changed identity registration system. Progress made on the implementation of the new system and remaining challenges were reviewed at various occasions in which relevant ministres and women's rights advocacy groups participated together. Provisions of other laws have been revised as required by the abolition of the Family Head System.
  • State Under Review:

    Republic of Korea

    Republic of Korea
    Regional group
    Asia-Pacific Group
    Source Of Reference:

    Stakeholder Summary

    Issue:
    • Gender perspective in policies, programmes
    Type:
    Review Documentation
    Session:
    14th session, November 2012
    Status:
    Neglected
    Contents:
    Specific action plans to realize gender mainstreaming need to be developed and education and publicity activities should continue to improve public awareness ... [Para 9]
  • State Under Review:

    Republic of Korea

    Republic of Korea
    Regional group
    Asia-Pacific Group
    Source Of Reference:

    Stakeholder Summary

    Issue:
    • Sexual exploitation / slavery
    • Trafficking in women and / or girls
    Type:
    Review Documentation
    Session:
    14th session, November 2012
    Status:
    Neglected
    Contents:
    COLCGS alleged that so-called "international" marriages were frequently a cover for trafficking for the purposes of sexual exploitation. AI with APIL KBA and JS5 also reported on the risks faced particularly by women migrant workers, including recruitment into the sex industry recommended that the role and structure of the E-6 visa should be subjected to scrutiny, and E-6 broker agencies should be monitored and regulated more rigorously. [Para 41]
  • State Under Review:

    Republic of Korea

    Republic of Korea
    Regional group
    Asia-Pacific Group
    Source Of Reference:

    Ghana

    Ghana
    Regional group
    Africa Group
    Political group
    AU
    OIF
    Commonwealth
    Issue:
    • International human rights instruments
    Type:
    Recommendation
    Session:
    28th Session November 2017
    Status:
    Unclear Response
    Contents:
    Ratify the Optional Protocol to the Convention on the Rights of Persons with Disabilities (OP-CRPD).
    Explanation
    Noted. Taking into account a number of factors, such as the discrepancy between the treaties concerned and domestic law, the need for enactment or amendment of relevant laws and impact of ratification, the ROK will continue to consider the ratification of the international treaties to which it has not acceded.
  • State Under Review:

    Republic of Korea

    Republic of Korea
    Regional group
    Asia-Pacific Group
    Source Of Reference:

    Italy

    Italy
    Regional group
    WEOG
    Political group
    EU
    Issue:
    • Discrimination based on sexual orientation
    • Discrimination based on gender identity
    Type:
    Recommendation
    Session:
    28th Session November 2017
    Status:
    Unclear Response
    Contents:
    Strengthen efforts to combat all forms of discrimination, including against LGBTI persons, by adopting a comprehensive law and running national awareness campaigns.
    Explanation
    Noted. 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 Korea

    Republic of Korea
    Regional group
    Asia-Pacific Group
    Source Of Reference:

    Sierra Leone

    Sierra Leone
    Regional group
    Africa Group
    Political group
    AU
    OIC
    Commonwealth
    Issue:
    • Birth registration
    Type:
    Recommendation
    Session:
    28th Session November 2017
    Status:
    Unclear Response
    Contents:
    Establish a comprehensive national birth registration system for foreign nationals to ensure the births of their children are registered.
    Explanation
    Noted. When children of non-citizens are born in the ROK, their parents can register the child’s birth via the embassy of their country of origin. The ROK permits the children of non-citizen parents to be registered as a foreigner and to remain in the ROK when the non-citizen parents are unable to register the child’s birth through the embassy because they are recognized refugees, seeking refugee status, or given humanitarian status, provided that birth certificates issued by hospitals prove the biological relationship between the child and his/her parents.
  • State Under Review:

    Republic of Korea

    Republic of Korea
    Regional group
    Asia-Pacific Group
    Source Of Reference:

    Maldives

    Maldives
    Regional group
    Asia-Pacific Group
    Political group
    OIC
    Commonwealth
    Issue:
    • Violence against women / gender-based violence
    • Domestic violence
    Type:
    Recommendation
    Session:
    28th Session November 2017
    Status:
    Accepted
    Contents:
    Continue measures to prevent, investigate and prosecute domestic violence offences and strengthen victim care.
  • State Under Review:

    Republic of Korea

    Republic of Korea
    Regional group
    Asia-Pacific Group
    Source Of Reference:

    Sudan

    Sudan
    Regional group
    Africa Group
    Political group
    AU
    OIC
    AL
    Issue:
    • Gender equality
    • Women's participation
    Type:
    Recommendation
    Session:
    28th Session November 2017
    Status:
    Accepted
    Contents:
    Intensify its efforts to eliminate gender wage gap and promote women representation in political and economic affairs.
  • State Under Review:

    Republic of Korea

    Republic of Korea
    Regional group
    Asia-Pacific Group
    Source Of Reference:

    Stakeholder Summary

    Issue:
    • Sexuality education
    • Rights of same-sex desiring persons
    Type:
    Review Documentation
    Session:
    28th Session November 2017
    Status:
    Neglected
    Contents:
    HRW noted the statement of official of the Ministry of Education made in 2017 that the new national sex education curriculum would not mention homosexuality. [Para 71]
  • State Under Review:

    Republic of Korea

    Republic of Korea
    Regional group
    Asia-Pacific Group
    Source Of Reference:

    Slovenia

    Slovenia
    Regional group
    EEG
    Political group
    EU
    Issue:
    • Sexual violence
    Type:
    Recommendation
    Session:
    2nd session, May 2008
    Status:
    Accepted
    Contents:
    Noting that sexual crime is categorized as an offence that is subjected to investigation only upon complaint from the victim, it was recommended that this legal provisions be reviewed, along with other relevant provisions, in order to enhance protection of victims.
    Implementation
    National Report:
    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 75) Under the current criminal justice system, most sexual crimes, including any sexual crimes against children, juveniles under the age of 19, and persons with disabilities, are subject to investigation and prosecution. Only certain types of sexual crimes against adults, including rape and indecent assault, that do not accompany any physical injury, require complaints filed by the victims to be criminally investigated. Careful consideration of the protection of the victims' privacy shall be given to whether or not the requirement of filing complaints for sexual crimes against adults in order to be subject to criminal justice proceedings should be abolished.
  • State Under Review:

    Republic of Korea

    Republic of Korea
    Regional group
    Asia-Pacific Group
    Source Of Reference:

    UN Compilation

    Issue:
    • Discrimination based on sexual orientation
    • Discrimination based on gender identity
    Type:
    Review Documentation
    Session:
    28th Session November 2017
    Status:
    Reference Addressed
    Contents:
    [The HR Committee] recommended, inter alia, that the Government not tolerate any form of social
    stigmatization of, or discrimination against, persons based on their sexual orientation or
    gender identity, that it strengthen the legal framework to protect them ... . [Para 16]
  • State Under Review:

    Republic of Korea

    Republic of Korea
    Regional group
    Asia-Pacific Group
    Source Of Reference:

    Costa Rica

    Costa Rica
    Regional group
    GRULAC
    Political group
    OAS
    OEI
    ACS
    Issue:
    • Discrimination based on sexual orientation
    • Discrimination based on gender identity
    Type:
    Recommendation
    Session:
    42nd Session, January 2023
    Status:
    Unclear Response
    Contents:
    Take the necessary measures to eliminate discrimination based on sexual orientation and gender identity through the adoption of standards and revision of study plans that promote the inclusion of all people.
    Explanation
    Noted. The Government face difficulties in taking immediate actions in a short period of time.
  • State Under Review:

    Republic of Korea

    Republic of Korea
    Regional group
    Asia-Pacific Group
    Source Of Reference:

    Germany

    Germany
    Regional group
    WEOG
    Political group
    EU
    Issue:
    • Criminal laws on same-sex sexual practices
    Type:
    Recommendation
    Session:
    42nd Session, January 2023
    Status:
    Unclear Response
    Contents:
    Repeal Article 92-6 of the Republic of Korea’s Military Criminal Act that punishes sexual activity between same-sex military personnel with sentences of up to two years in prison.
    Explanation
    Noted. Article 92-6 of the Military Criminal Act does not uniformly penalize same-sex sexual relations, and is applied only in cases of direct and specific violation of military discipline and healthy community life.

  • State Under Review:

    Republic of Korea

    Republic of Korea
    Regional group
    Asia-Pacific Group
    Source Of Reference:

    Marshall Islands

    Marshall Islands
    Regional group
    Asia-Pacific Group
    Political group
    PIF
    Issue:
    • Gender equality
    • Women's participation
    Type:
    Recommendation
    Session:
    42nd Session, January 2023
    Status:
    Accepted
    Contents:
    Devise and implement strategies and structural reforms towards ensuring the equal participation of women in public and political life, including their proportional representation in the National Assembly and provincial and local government councils.
    Explanation
    Already implemented.



  • State Under Review:

    Republic of Korea

    Republic of Korea
    Regional group
    Asia-Pacific Group
    Source Of Reference:

    Israel

    Israel
    Regional group
    WEOG
    Issue:
    • Sexual violence
    Type:
    Recommendation
    Session:
    42nd Session, January 2023
    Status:
    Accepted
    Contents:
    Review the prevention and protection mechanisms on sexual violence in the military.
  • State Under Review:

    Republic of Korea

    Republic of Korea
    Regional group
    Asia-Pacific Group
    Source Of Reference:

    National Report

    Issue:
    • International human rights instruments
    Type:
    Review Documentation
    Session:
    2nd session, May 2008
    Status:
    N/A
    Contents:
    The ROK signed the CRPD on March 30th 2007, and is seeking to achieve its early ratification. [Para 16]
  • State Under Review:

    Republic of Korea

    Republic of Korea
    Regional group
    Asia-Pacific Group
    Source Of Reference:

    Iraq

    Iraq
    Regional group
    Asia-Pacific Group
    Political group
    OIC
    AL
    Issue:
    • Gender equality
    Type:
    Recommendation
    Session:
    42nd Session, January 2023
    Status:
    Accepted
    Contents:
    Continue efforts to eliminate the wage gap between women and men.
  • State Under Review:

    Republic of Korea

    Republic of Korea
    Regional group
    Asia-Pacific Group
    Source Of Reference:

    Stakeholder Summary

    Issue:
    • Gender equality
    Type:
    Review Documentation
    Session:
    2nd session, May 2008
    Status:
    Neglected
    Contents:
    ... The NHRCK recommended to proactively implement policies to change stereotypes of women ... [Para 9]
  • State Under Review:

    Republic of Korea

    Republic of Korea
    Regional group
    Asia-Pacific Group
    Source Of Reference:

    Spain

    Spain
    Regional group
    WEOG
    Political group
    EU
    OEI
    Issue:
    • Abortion
    Type:
    Recommendation
    Session:
    42nd Session, January 2023
    Status:
    Accepted
    Contents:
    Adopt a law that regulates abortion in accordance with the Constitutional Court ruling of April 2019.
  • State Under Review:

    Republic of Korea

    Republic of Korea
    Regional group
    Asia-Pacific Group
    Source Of Reference:

    UN Compilation

    Issue:
    • Criminal laws on same-sex sexual practices
    Type:
    Review Documentation
    Session:
    42nd Session, January 2023
    Status:
    Reference Addressed
    Contents:
    The Special Rapporteur on the right to privacy … recommended that article 92-6 of the Military Criminal Act be promptly repealed ... [Para 87]
  • State Under Review:

    Republic of Korea

    Republic of Korea
    Regional group
    Asia-Pacific Group
    Source Of Reference:

    Stakeholder Summary

    Issue:
    • Sexual exploitation / slavery
    Type:
    Review Documentation
    Session:
    42nd Session, January 2023
    Status:
    Reference Addressed
    Contents:
    NHRCK recommended ensuring the rights to justice and remedies for victims of sexual slavery by the military of a foreign country (comfort women). [Para 9]
  • State Under Review:

    Republic of Korea

    Republic of Korea
    Regional group
    Asia-Pacific Group
    Source Of Reference:

    UN Compilation

    Issue:
    • HIV and AIDS
    • Right to health
    Type:
    Review Documentation
    Session:
    42nd Session, January 2023
    Status:
    Reference Addressed
    Contents:
    [CESCR] urged the State to ensure that persons living with HIV/AIDS enjoyed their right to health, through access to and receipt of care without discrimination. [Para 49]

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