Displaying 41951 - 41975 of 58160 recommendations found
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State Under Review:Republic of KoreaRepublic of KoreaRegional groupAsia-Pacific GroupSource Of Reference:Stakeholder SummaryIssue:
- Intersex persons' rights
Type:Review DocumentationSession:42nd Session, January 2023Status:Not Followed up with a RecommendationContents:JS6 recommended ensuring the bodily integrity of intersex persons, especially infants, children, and adolescents, by prohibiting unnecessary medical interventions carried out without their free and fully informed consent. [Para 85]
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State Under Review:Republic of KoreaRepublic of KoreaRegional groupAsia-Pacific GroupSource Of Reference:Stakeholder SummaryIssue:
- Sexuality education
- Sexually transmitted infections
- Discrimination based on sexual orientation
- Violence against women / gender-based violence
- Discrimination based on gender identity
- HIV and AIDS
Type:Review DocumentationSession:42nd Session, January 2023Status:Reference AddressedContents:HRW recommended conducting a major reform of the sexuality education curriculum to remove gender stereotypes, provide scientific information about healthy sexuality and include inclusive teaching about consent, gender-based violence and healthy relationships. It recommended redesigning the national sexuality education curriculum to include materials about sexual orientations and gender identities and objective information on prevention and treatment for HIV and other sexually transmitted diseases. [Para 58]
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State Under Review:Republic of KoreaRepublic of KoreaRegional groupAsia-Pacific GroupSource Of Reference:UN CompilationIssue:
- Age of consent
Type:Review DocumentationSession:42nd Session, January 2023Status:Not Followed up with a RecommendationContents:CRC urged the State to take all measures necessary to prevent and respond to all manifestations of child sexual exploitation and abuse, including ... increase the minimum age of consent for engaging in sexual activities ... [Para 68]
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State Under Review:Republic of KoreaRepublic of KoreaRegional groupAsia-Pacific GroupSource Of Reference:CzechiaCzechiaRegional groupEEGPolitical groupEUIssue:
- Discrimination based on sexual orientation
Type:RecommendationSession:2nd session, May 2008Status:Unclear ResponseContents:That discrimination on basis of sexual orientation also be included in the draft antidiscrimination bill.ExplanationIt is interpreted that discrimination is prohibited by the Constitution, human rights treaties and relevant domestic laws. The National Human Rights Commissions conducts its activities against discriminatory practices.ImplementationNational Report:
Para 45) The Government has continued its research and review on a general act on anti- discrimination, encompassing grounds for discrimination such as gender, race, religion, and sexual orientation. While studying relevant domestic legislations, international human rights norms, and legislations of other countries, the Government has sought to address social and economic issues that can be entailed in the enactment of a general anti- discrimination act and to strike a balance between the right to equality and the principle of private autonomy. In 2010, the Government organized a special sub-committee consisting of government officials from relevant ministries, academics, legal experts and interest groups for in-depth discussions in this regard. In 2011, two draft bills for anti- discrimination proposed by lawmakers were submitted to the National Assembly, but they expired with the conclusion of the 18th National Assembly session in May 2012.
UN Compilation:
Para 8) CEDAW regretted the slow progress in the adoption of the Anti- Discrimination Bill which had been on hold since May 200834 with CESCR and CRC regretting that the legislative definition of discrimination does not contain an express prohibition of discrimination based on sexual orientation and nationality. The Government in its replies to CERD in 2008 indicated that it was redoubling its efforts to introduce the Anti- Discrimination Act. CEDAW called for urgent steps to be taken towards the adoption of a comprehensive Anti-Discrimination Act, in line with the Convention and article 2 (4) of the NHRC Act. -
State Under Review:Republic of KoreaRepublic of KoreaRegional groupAsia-Pacific GroupSource Of Reference:NepalNepalRegional groupAsia-Pacific GroupIssue:
- Women's and / or girls' rights
Type:RecommendationSession:14th session, November 2012Status:AcceptedContents:Take continuous measures for the protection of the rights of women and other marginalized groups. -
State Under Review:Republic of KoreaRepublic of KoreaRegional groupAsia-Pacific GroupSource Of Reference:ItalyItalyRegional groupWEOGPolitical groupEUIssue:
- Birth registration
Type:RecommendationSession:14th session, November 2012Status:Unclear ResponseContents:Consider the possibility to introduce a system of automatic registration of children born in the country, regardless of the parent's nationality or status in the country.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:BelarusBelarusRegional groupEEGPolitical groupCISIssue:
- Sexual exploitation / slavery
Type:RecommendationSession:14th session, November 2012Status:AcceptedContents:Tighten the criminal responsibility for the crimes related to the sexual exploitation of children.ImplementationNational Report:
Para 53) In effort to prevent child sexual abuse, the Government strengthened education by expanding institutions obliged to take preventive education on sexual abuse including schools and workplaces. The Government has tightened punishment for sex crimes, designated police investigative team and prosecutors exclusively in charge of sexual violence, organized annual workshops to train investigators in charge of crimes against women and children, all to facilitate prompt response and investigation. The victims of sex crimes are assisted by public defenders and statement assistance. The sex offenders are not only subject to criminal punishment but also registered in the sex offender registry, and are
forbidden to work in facilities designed for children and juveniles. The courts can order the sex offenders against children and juveniles to wear ankle monitors, and those offenders who are sexual deviant and over 19 years of age may be ordered to undergo pharmacologic treatment for up to 15 years. -
State Under Review:Republic of KoreaRepublic of KoreaRegional groupAsia-Pacific GroupSource Of Reference:National ReportIssue:
- Sexual abuse
- Sexual exploitation / slavery
- Sexual violence
Type:Review DocumentationSession:14th session, November 2012Status:N/AContents:Additional amendments to the Act on the Protection of Children and Juveniles from Sexual Abuse were made in September 2011. Put into effect in March 2012, the amendments recognize boys and male juveniles as victims of rape, make intercourse or sexual indecent assault committed against children with disabilities punishable by law even if assault or intimidation is not accompanied, and mandate a legal representation program to offer free legal assistance to children and juvenile victims of sexual abuse in criminal proceedings. Sex offenders against children and juveniles may also be subject to probation after serving full sentence. In addition, online service providers are responsible for deleting child pornography with a penalty for noncompliance. [Para 16] -
State Under Review:Republic of KoreaRepublic of KoreaRegional groupAsia-Pacific GroupSource Of Reference:BelgiumBelgiumRegional groupWEOGPolitical groupEUOIFIssue:
- Gender equality
- Trafficking in women and / or girls
Type:RecommendationSession:2nd session, May 2008Status:AcceptedContents:As recommended by CEDAW, that a definition on discrimination against women in compliance with Article 1 of CEDAW be adopted and that the fight against trafficking in foreign women be intensified.ImplementationNational Report:
Para 45) The Government has continued its research and review on a general act on anti- discrimination, encompassing grounds for discrimination such as gender, race, religion, and sexual orientation. While studying relevant domestic legislations, international human rights norms, and legislations of other countries, the Government has sought to address social and economic issues that can be entailed in the enactment of a general anti- discrimination act and to strike a balance between the right to equality and the principle of private autonomy. In 2010, the Government organized a special sub-committee consisting of government officials from relevant ministries, academics, legal experts and interest groups for in-depth discussions in this regard. In 2011, two draft bills for anti- discrimination proposed by lawmakers were submitted to the National Assembly, but they expired with the conclusion of the 18th National Assembly session in May 2012.
Para 52) The Government submitted to the National Assembly in November 2011 the amendments to the Criminal Act. The proposed amendments prohibit acts stipulated in the UN Protocol to Prevent, Suppress and Punish Trafficking annexed to the Convention against Transnational Organized Crime with relevant penal provisions. Having expired as the 18th National Assembly session closed in May 2012, the bill will be re-submitted to the 19th National Assembly. The Government plans to take domestic procedures required to ratify the Protocol after the proposed amendments are passed.
Para 53) In order to prevent inter-country marriage suspected of human trafficking, the Government amended the Act on Management of Marriage Brokerage Agency in 2010. The amendment requires international marriage brokerage agencies to provide personal information of service users to each other in writing and to offer translation and interpretation services to facilitate communication between the would-be couple. In February 2012, the Act was amended again to add provisions prohibiting certain acts of the brokers that may lead to trafficking with a penalty for non-compliance. In addition, local governments in charge of the registration of international marriage brokerage agencies regularly monitor practices of the agencies in cooperation with relevant authorities.
Para 54) As an effort to deter the international sex trade, Korean nationals convicted of sex trade abroad may now be denied of issuing or renewing passports, upon the notification by Office of Prosecution to the Ministry of Foreign Affairs and Trade.
Para 55) Foreign women, who are acknowledged as victims of trafficking for sex trade, are entitled to the same protection and support as local women in accordance with applicable legislations. In certain circumstances, some victims may be granted work/residence permit. -
State Under Review:Republic of KoreaRepublic of KoreaRegional groupAsia-Pacific GroupSource Of Reference:UN CompilationIssue:
- Sexual violence
- Domestic violence
Type:Review DocumentationSession:14th session, November 2012Status:Reference AddressedContents:... CEDAW also expressed its concern about the limited number of women police officers available to deal with cases of sexual and domestic violence ... [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:NeglectedContents:Domestic violence or sexual assaults tend to be considered personal affairs and are not openly discussed. There is a need to increase the reporting rate ... [Para 17] -
State Under Review:Republic of KoreaRepublic of KoreaRegional groupAsia-Pacific GroupSource Of Reference:Stakeholder SummaryIssue:
- Women's and / or girls' rights
Type:Review DocumentationSession:14th session, November 2012Status:NeglectedContents:JS5 stated that the employment rate of women in general was very low and the maternity leave system very under-used and recommended that the Labour Standards Act be revised to eliminate the measure which excludes a worker hired for domestic work from the definition of employee. [Para 70] -
State Under Review:Republic of KoreaRepublic of KoreaRegional groupAsia-Pacific GroupSource Of Reference:CanadaCanadaRegional groupWEOGPolitical groupOASOIFCommonwealthIssue:
- Marital rape
- Training for state personnel on sexual rights issues
- Domestic violence
- Sexual violence
- Violence against women / gender-based violence
Type:RecommendationSession:2nd session, May 2008Status:AcceptedContents:That marital rape, child abuse and domestic violence be criminalized, perpetrators are prosecuted and sanctioned, human rights training be provided for officials dealing with instances of domestic violence and child abuse, and that child-sensitive procedures be adopted during criminal proceedings involving children.ImplementationNational Report:
Para 49) The victim of rape is defined as a "woman" in the Criminal Act without further specification, which means that anyone who rapes his wife can be prosecuted under the Criminal Act. In effect, the Busan District Court in January 2009 and the Seoul High Court in September 2011 recognized in their rulings aggravated rape charges against husbands, and the rulings have been upheld.
Para 50) Domestic violence is prosecuted in accordance with the Criminal Act and the Special Act on Punishment of Crimes of Domestic Violence and Others, the latter of which stipulates imposing protective disposition on perpetrators of domestic violence for the purpose of change of environment and correction of behavior. The amendments of the Special Act in October 2011 grant emergency intervention authority to judicial public officers in order to ensure speedy protection of victims and allow victims to directly request protection to the court. Starting January 2012, sexual crimes, including rape, against family members are accommodated in the scope of domestic violence, making their victims eligible for the protective services provided to victims of domestic violence, which include counseling sessions, housing at shelters, assistance for medical care, and education for independence and rehabilitation. The amended Act on the Prevention of Domestic Violence and Protection of Victims and Others effective from May 2012 gives police officers, when dispatched to the scene of domestic violence, the authority to enter and investigate the crime scene to protect victims. It enables effective early response by police officers against domestic violence. In addition, the Government stepped up its efforts to raise awareness of the fact that domestic violence is a crime that is punishable by law, not a private matter.
Para 57) As a part of the Government's efforts to integrate the perspective of children in criminal procedures, the Office of Prosecution developed a Plan for Improvement of Investigation Practices into Crimes against Children. The plan aims to ensure reliability of statements made by child victims, prevent the "secondary victimization" of child victims in the criminal process, and reflect child victims' statements and perspectives as much as possible. Prosecutors dedicated to child crimes oversee the entire process from preliminary investigation to the execution of sentence and professional advice from child psychiatrists or clinical psychologists is sought. Starting from 2011, it has become mandatory to seek professional opinions on statements of victims in the case of sexual crimes against children aged less than 13. To the end, professionals trained by the Government have been staffed at nationwide comprehensive support centers for victims of sexual crimes.
Para 58) The Act on the Protection of Children and Juveniles from Sexual Abuse was amended in September 2011 as described in Paragraph 16 of this report, and six training sessions from March to June 2012 were offered to attorneys designated as legal aides for children. The sessions aim to enhance their understanding of children in general, children with disabilities, and sufferings caused by sexual abuse.
Para 59) As of June 2012, the Government is working on amending the Special Act on Punishment of Sexual Crimes and Others to provide victims of sexual crimes who are children or have disabilities with assistance from professional aides for making their statements in criminal proceedings. The professional aides refer to those who understand psychological and linguistic characteristics associated with children and the disabled. They participate in investigations or legal proceedings from an impartial standpoint to facilitate or assist communication and to ensure the full representation of the victims' statements without distortion. -
State Under Review:Republic of KoreaRepublic of KoreaRegional groupAsia-Pacific GroupSource Of Reference:BeninBeninRegional groupAfrica GroupPolitical groupAUOICOIFIssue:
- International human rights instruments
Type:RecommendationSession:28th Session November 2017Status:Unclear ResponseContents:Ratify the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights (OP-ICESCR).ExplanationNoted. 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 KoreaRepublic of KoreaRegional groupAsia-Pacific GroupSource Of Reference:IsraelIsraelRegional groupWEOGIssue:
- Discrimination based on sexual orientation
- Discrimination based on gender identity
Type:RecommendationSession:28th Session November 2017Status:Unclear ResponseContents:Step up efforts to end discrimination based on sexual orientation and sexual identity, including through relevant legislation.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:KyrgyzstanKyrgyzstanRegional groupAsia-Pacific GroupPolitical groupOICCISIssue:
- Birth registration
Type:RecommendationSession:28th Session November 2017Status:Unclear ResponseContents:Establish a universal birth registration system to ensure that all children have access to birth registration immediately after birth, regardless of the status of their 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:NepalNepalRegional groupAsia-Pacific GroupIssue:
- Women's and / or girls' rights
Type:RecommendationSession:28th Session November 2017Status:AcceptedContents:Take continuous measures for the protection of the rights of women, children and other marginalized groups. -
State Under Review:Republic of KoreaRepublic of KoreaRegional groupAsia-Pacific GroupSource Of Reference:PalestinePalestineRegional groupObserverPolitical groupOICALIssue:
- Gender equality
- Women's participation
Type:RecommendationSession:28th Session November 2017Status:AcceptedContents:Make greater efforts to implement national measures to ensure the reconciliation of work and family responsibilities in order to improve women's participation in the labor market. -
State Under Review:Republic of KoreaRepublic of KoreaRegional groupAsia-Pacific GroupSource Of Reference:Stakeholder SummaryIssue:
- International human rights instruments
Type:Review DocumentationSession:28th Session November 2017Status:NeglectedContents:Joint Submission (JS) 1 stated that the Government should present an implementation plan on the ratification of ... CRC-OP-IC. [Para 13] -
State Under Review:Republic of KoreaRepublic of KoreaRegional groupAsia-Pacific GroupSource Of Reference:UN CompilationIssue:
- Discrimination based on sexual orientation
- Discrimination based on gender identity
Type:Review DocumentationSession:28th Session November 2017Status:Reference AddressedContents:The HR Committee recommended adopting comprehensive antidiscrimination legislation, explicitly addressing all spheres of life and prohibiting discrimination on any ground, including race, sexual orientation and gender identity. [Para 10] -
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:DenmarkDenmarkRegional groupWEOGPolitical groupEUIssue:
- Discrimination based on sexual orientation
- Discrimination based on gender identity
Type:RecommendationSession:42nd Session, January 2023Status:Unclear ResponseContents:Ensure further efforts for the adoption of comprehensive anti-discrimination legislation prohibiting discrimination based on, amongst others, 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:IcelandIcelandRegional groupWEOGIssue:
- 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 in the military.
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:ItalyItalyRegional groupWEOGPolitical groupEUIssue:
- Violence against women / gender-based violence
- Women's and / or girls' rights
Type:RecommendationSession:42nd Session, January 2023Status:AcceptedContents:Intensify efforts to promote women’s rights and to prevent and combat all forms of discrimination and violence against them, both online and offline.
ExplanationAlready implemented.
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State Under Review:Republic of KoreaRepublic of KoreaRegional groupAsia-Pacific GroupSource Of Reference:IranIranRegional groupAsia-Pacific GroupPolitical groupOICIssue:
- Sexual violence
Type:RecommendationSession:42nd Session, January 2023Status:AcceptedContents:Review the protection and prevention mechanisms on sexual violence in the military and prevent retaliation against those who reported sexual violence and to ensure the rights to justice and remedies for victims.