Displaying 41826 - 41850 of 58160 recommendations found
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State Under Review:Republic of KoreaRepublic of KoreaRegional groupAsia-Pacific GroupSource Of Reference:HondurasHondurasRegional groupGRULACPolitical groupOASOEIACSIssue:
- Discrimination based on sexual orientation
- Discrimination based on gender identity
Type:RecommendationSession:28th Session November 2017Status:Unclear ResponseContents:Approve general legislation to combat discrimination, which expressly covers all spheres of life and prohibits discrimination on any ground, particular on grounds of race, sexual orientation and gender identity.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:CanadaCanadaRegional groupWEOGPolitical groupOASOIFCommonwealthIssue:
- Intersex persons' rights
- Discrimination based on sexual orientation
- Discrimination based on gender identity
- Criminal laws on same-sex sexual practices
- Rights of same-sex desiring persons
- Transgender persons' rights
Type:RecommendationSession:28th Session November 2017Status:Unclear ResponseContents:Protect the rights of LGBTI persons through the adoption of a comprehensive anti-discrimination law that prohibits all forms of discrimination, including based on sexual orientation and gender identity, and abolish Article 92-6 of the Military Criminal Act, which criminalizes consensual same-sex relations.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:BotswanaBotswanaRegional groupAfrica GroupPolitical groupAUCommonwealthIssue:
- Birth registration
Type:RecommendationSession:28th Session November 2017Status:Unclear ResponseContents:Establish a national birth registration system to register all births in Korea irrespective of the nationality of parents.ExplanationNoted. 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 KoreaRepublic of KoreaRegional groupAsia-Pacific GroupSource Of Reference:TunisiaTunisiaRegional groupAfrica GroupPolitical groupAUOICALOIFIssue:
- Violence against women / gender-based violence
- Domestic violence
Type:RecommendationSession:28th Session November 2017Status:AcceptedContents:Continue efforts to eliminate domestic violence. -
State Under Review:Republic of KoreaRepublic of KoreaRegional groupAsia-Pacific GroupSource Of Reference:NicaraguaNicaraguaRegional groupGRULACPolitical groupOASOEIACSIssue:
- Gender equality
- Women's participation
Type:RecommendationSession:28th Session November 2017Status:AcceptedContents:Continue efforts to promote equality between women and men, by encouraging a balanced representation in decision-making positions, equality in the labour market and in entrepreneurship, including equal pay, among other aspects. -
State Under Review:Republic of KoreaRepublic of KoreaRegional groupAsia-Pacific GroupSource Of Reference:Stakeholder SummaryIssue:
- Marginalized groups of women
- Violence against women / gender-based violence
- Domestic violence
Type:Review DocumentationSession:28th Session November 2017Status:NeglectedContents:… APPM noted… Marriage migrants of whom many were women found themselves suffering
from domestic violence, racial and gender discrimination. [Para 81] -
State Under Review:Republic of KoreaRepublic of KoreaRegional groupAsia-Pacific GroupSource Of Reference:UN CompilationIssue:
- Violence against women / gender-based violence
- Sexual violence
- Domestic violence
Type:Review DocumentationSession:28th Session November 2017Status:Reference AddressedContents: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. [Para 55] -
State Under Review:Republic of KoreaRepublic of KoreaRegional groupAsia-Pacific GroupSource Of Reference:CzechiaCzechiaRegional groupEEGPolitical groupEUIssue:
- Discrimination based on sexual orientation
Type:RecommendationSession:14th session, November 2012Status:Unclear ResponseContents:Adopt the Anti-discrimination Act as a matter of priority while encompassing also grounds for discrimination on the basis of sexual orientation.ExplanationThe Government will consider the inclusion of sexual orientation in the research and review process for the enactment of the Anti-discrimination Act.ImplementationNational Report:
Para 15) The Constitution, the National Human Rights Commission of Korea Act, and 90 other legislations prohibit discrimination in a number of sectors based on various grounds, including sexual orientation and gender identity. Since 2006, the Government collected various opinions and continued with its research for the sake of legislative integrity in an effort to enact general anti-discrimination laws. Nevertheless, legislative procedure did not proceed, as a number of legislative bills proposed by the Government and lawmakers did not make it to the discussion at the National Assembly and were discarded upon expiration of the term. In 2013, the Government presented the enactment of anti-discrimination act as one of the policy tasks, organizing a working group to undertake the enactment of the law and conducting research on foreign legislations and precedents. Nonetheless, legislative process has been stagnant because of social controversy related to prohibited grounds of discrimination such as sexual orientation. The Government will carry on research and review a number of issues pertaining to the general anti-discrimination law and listen to public opinion.
Stakeholder Summary:
Para 27) JS1 and JS5 stated that lesbian, gay, bisexual, transgender and intersex (LGBTI) persons were subject to discrimination and stigmatization in public and private spheres. JS5 reported on incidents of hate crimes against them. LGBTI adolescents remained a vulnerable group, at the risk of being exposed to hate speech and bullying and of terminating their studies. JS5 concluded that the authorities failed to provide equal protection to LGBTI persons.
Para 29) AI reported that civil society LGBTI groups continued to face discrimination, including at the hands of authorities. In 2015, the Beyond the Rainbow Foundation was refused registration, and the Seoul Metropolitan Police refused to grant a permit to the Pride Parade. The ban was only overturned when the organizers filed a petition to the court. JS1and JS5 made similar observations.
Para 30) Kaleidoscope Australia Human Rights Foundation (Kaleidoscope) stated that the Republic of Korea did not recognise marriage between same-sex couples. The legislation did not specifically state that marriage was between a man and a woman, but all rights and duties in the legislation described marriage as between a husband and wife. JS5 made similar observations.
Para 31) Kaleidoscope stated that LGBTI persons faced discrimination in the context of adoption as they were effectively prohibited from adopting children under the age of 15. -
State Under Review:Republic of KoreaRepublic of KoreaRegional groupAsia-Pacific GroupSource Of Reference:MexicoMexicoRegional groupGRULACPolitical groupOASOEIACSIssue:
- Birth registration
Type:RecommendationSession:14th session, November 2012Status:Unclear ResponseContents:Revise the national legislation with a view to guarantee that all persons are registered at birth, independently of their migrant condition or the nationality of their parents.ExplanationAccording to the Act on the Registration, Etc. of Family Relationship, when the father or the mother cannot register the birth of a child, relatives living with the child or the doctor or midwife involved in his/her delivery is required to do so, and a fine is imposed when the registration is delayed; as such, the government is making efforts to guarantee accurate birth registration. The birth registration of foreign children born in the Republic of Korea can be made through their respective countries' embassies in the Republic of Korea. In cases where the parents of children born in the Republic of Korea cannot make registrations to their country due to reasons such as refugee recognition, permission for stay including alien registration is granted to the children if the biological relationship with their parents can be confirmed by birth certificates issued by the hospital and other institutions.ImplementationNational Report:
Para 50) The universal birth registration requires mandatory birth reporting upon the birth of a child. The birth of a child of foreign nationals born in the Republic of Korea shall be registered in accordance with the laws of their countries even in cases where the parents are undocumented migrants. Children born to refugees can be registered as foreigners if they submit birth certificate issued by a hospital. The Act on the Registration, etc. of Family Relation was amended in May 2016 to allow a prosecutor or the head of a local government to report a child’s birth if the persons who are obligated to report fails to do and jeopardizes the child’s welfare.
UN Compilation:
Para 15) Noting the universal periodic review recommendation on a birth registration system, the Office of the United Nations High Commissioner for Refugees (UNHCR) reported that the birth registration system failed to ensure universal and compulsory birth registration and that foreigners whose children had been born in the country were not able to register their children through the family register, although their children might receive a birth notification document from the hospital.
Stakeholder Summary:
Para 23) JS2 stated that the Government has refused to register births of children of foreign nationals. The parents might register the birth of their child through the embassies of their countries. However, refugees were often reluctant to approach the embassies to register the birth of their child. -
State Under Review:Republic of KoreaRepublic of KoreaRegional groupAsia-Pacific GroupSource Of Reference:MalaysiaMalaysiaRegional groupAsia-Pacific GroupPolitical groupASEANOICCommonwealthIssue:
- Trafficking in women and / or girls
Type:RecommendationSession:14th session, November 2012Status:AcceptedContents:Step up its efforts to address the issue of trafficking of 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.
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State Under Review:Republic of KoreaRepublic of KoreaRegional groupAsia-Pacific GroupSource Of Reference:National ReportIssue:
- Gender perspective in policies, programmes
Type:Review DocumentationSession:14th session, November 2012Status:N/AContents:The Gender Impact Assessment and Analysis Act was enacted in September 2011 and brought into effect in March 2012. Previously, central administrative bodies and local governments conducted gender impact assessment and analysis on a voluntary basis for a limited range of government projects in accordance with the Fundamental Act on Development of Women. The Gender Impact Assessment and Analysis Act stipulates that gender impact assessment and analysis shall be applied to all legislations as well as major plans and projects. Then, the results of assessment and analysis must be incorporated into policy and budget planning. With regard to sectors especially vulnerable to gender equality which affect daily lives of people, a special gender impact assessment and analysis is to be done with a view to facilitating policy improvements. [Para 23] -
State Under Review:Republic of KoreaRepublic of KoreaRegional groupAsia-Pacific GroupSource Of Reference:UN CompilationIssue:
- Marital rape
- Violence against women / gender-based violence
- Domestic violence
- Sexual violence
Type:Review DocumentationSession:14th session, November 2012Status:Reference AddressedContents:... CEDAW reiterated its regret that marital rape is not criminalized in legislation but only in case law. [Para 18] -
State Under Review:Republic of KoreaRepublic of KoreaRegional groupAsia-Pacific GroupSource Of Reference:Stakeholder SummaryIssue:
- Sexual violence
- Domestic violence
Type:Review DocumentationSession:14th session, November 2012Status:Reference AddressedContents:Domestic violence or sexual assaults tend to be considered personal affairs and are not openly discussed. There is a need to ... hire more female investigators ... [Para 17] -
State Under Review:Republic of KoreaRepublic of KoreaRegional groupAsia-Pacific GroupSource Of Reference:SloveniaSloveniaRegional groupEEGPolitical groupEUIssue:
- Gender equality
Type:QuestionSession:14th session, November 2012Status:Not Followed up with a RecommendationContents:How does the government plan to eliminate stereotypes regarding the roles and responsibilities of women and men in the family and in society? -
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: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:United StatesUnited StatesRegional groupWEOGPolitical groupOASIssue:
- Intersex persons' rights
- Discrimination based on sexual orientation
- Discrimination based on gender identity
- Rights of same-sex desiring persons
Type:RecommendationSession:42nd Session, January 2023Status:Partially AcceptedContents:Pass anti-discrimination legislation protecting members of marginalized communities, including LGBTQI+ persons, and provide legal recognition of same-sex marriage.
ExplanationFormer part: The Government face difficulties in taking immediate actions in a short period of time. … Latter part: The Government does not plan to take immediate action since changes in the family institution, such as allowing same-sex marriage or adoption by same-sex couples, hold legal and social significance.
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State Under Review:Republic of KoreaRepublic of KoreaRegional groupAsia-Pacific GroupSource Of Reference:PeruPeruRegional groupGRULACPolitical groupOASOEIIssue:
- Sexual exploitation / slavery
Type:RecommendationSession:42nd Session, January 2023Status:AcceptedContents:Consider adopting a general law to combat human trafficking with a focus on the protection of victims in order to more effectively address complaints of sexual exploitation of women, including sex workers and migrants in an irregular situation.
ExplanationSee paragraph 11 of the Working Group Report. The Government strives to protect the human rights of victims of human trafficking. Regarding the former part of 139.91, if a foreigner is in the process of a court trial, an investigation by an investigative agency, or a remedy process in relation to domestic violence, sexual violence, child abuse, human trafficking, or exploitation, the person’s period of stay may be extended until the completion of such proceedings. Even after the extended period expires, a further extension is possible if deemed necessary to recover damage, etc.
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State Under Review:Republic of KoreaRepublic of KoreaRegional groupAsia-Pacific GroupSource Of Reference:SyriaSyriaRegional groupAsia-Pacific GroupPolitical groupOICALIssue:
- Violence against women / gender-based violence
- Sexual violence
Type:RecommendationSession:42nd Session, January 2023Status:AcceptedContents:Take effective measures to combat sexual violence and harassment targeting women and girls.
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State Under Review:Republic of KoreaRepublic of KoreaRegional groupAsia-Pacific GroupSource Of Reference:BulgariaBulgariaRegional groupEEGPolitical groupEUOIFIssue:
- Gender equality
- Empowerment of women
Type:RecommendationSession:42nd Session, January 2023Status:AcceptedContents:Ensure equal opportunities for women’s empowerment in increasing access to leadership positions in the public sphere and in private businesses, including in the areas of science and technology, research and innovation.
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State Under Review:Republic of KoreaRepublic of KoreaRegional groupAsia-Pacific GroupSource Of Reference:UN CompilationIssue:
- Gender equality
Type:Review DocumentationSession:42nd Session, January 2023Status:Not Followed up with a RecommendationContents:CESCR recommended addressing the root causes of women’s career interruptions and their overrepresentation in part-time employment, due to care responsibilities. CRC recommended facilitating access to and use of paternal leave. [Para 39]
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State Under Review:Republic of KoreaRepublic of KoreaRegional groupAsia-Pacific GroupSource Of Reference:Stakeholder SummaryIssue:
- Criminal laws on same-sex sexual practices
- Rights of same-sex desiring persons
Type:Review DocumentationSession:42nd Session, January 2023Status:Reference AddressedContents:JS6, JS8, AI and HRW recommended repealing Article 92(6) of the Act, which prohibited and punished consensual same-sex sexual conduct in the military. HRW recommended dropping all cases against soldiers charged for consensual same-sex activity. [Para 86]
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State Under Review:Republic of KoreaRepublic of KoreaRegional groupAsia-Pacific GroupSource Of Reference:Stakeholder SummaryIssue:
- Gender equality
- Women's participation
Type:Review DocumentationSession:42nd Session, January 2023Status:Reference AddressedContents:JS2 recommended reducing gender inequality, including by increasing women’s participation in the judiciary and law enforcement, political and public life, and in the private sector, ending the gender pay gap and increasing equity in caregiving. [Para 65]
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State Under Review:Republic of KoreaRepublic of KoreaRegional groupAsia-Pacific GroupSource Of Reference:National ReportIssue:
- Women's participation
Type:Review DocumentationSession:2nd session, May 2008Status:N/AContents:The participation of women in policy-making processes has been increased with the introduction of the Equal Employment Initiative for Women as well as the amendment of the Act on Elections for Public Officers which calls for at least 50 per cent of the political parties' candidates for proportional representation in the National Assembly to be women. Social activities of women have increased as well in the labor market with the establishment of the Basic Plan on Gender Equality in Employment, the establishment of the Comprehensive Human Resources Development Plan for Women and the enactment of the Act for the Creation of a Family-Friendly Social Environment. [Para 73] -
State Under Review:Republic of KoreaRepublic of KoreaRegional groupAsia-Pacific GroupSource Of Reference:Stakeholder SummaryIssue:
- Other
Type:Review DocumentationSession:2nd session, May 2008Status:NeglectedContents:Article 3 (of the Health Family Act) stipulates that a family can be formed only by marriage, blood relationship and adoption. The law must be revised, because it excludes cohabitation, foster family, unwed parenthood or other non-traditional families. [Para 15] -
State Under Review:Republic of KoreaRepublic of KoreaRegional groupAsia-Pacific GroupSource Of Reference:NetherlandsNetherlandsRegional groupWEOGPolitical groupEUIssue:
- Sexual harassment
Type:QuestionSession:2nd session, May 2008Status:Not Followed up with a RecommendationContents:Acknowledged the adoption of legislation increasing penalties for domestic violence and asked whether similar legislation can be expected to combat sexual harassment in the workplace.