Displaying 41726 - 41750 of 58160 recommendations found
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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:National ReportIssue:
- International human rights instruments
Type:Review DocumentationSession:2nd session, May 2008Status:N/AContents:The ROK signed the CRPD on March 30th 2007, and is seeking to achieve its early ratification. [Para 16] -
State Under Review:Republic of KoreaRepublic of KoreaRegional groupAsia-Pacific GroupSource Of Reference:Stakeholder SummaryIssue:
- Gender equality
Type:Review DocumentationSession:2nd session, May 2008Status:NeglectedContents:... The NHRCK recommended to proactively implement policies to change stereotypes of women ... [Para 9] -
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: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: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:NetherlandsNetherlandsRegional groupWEOGPolitical groupEUIssue:
- Gender equality
- Women's and / or girls' rights
Type:RecommendationSession:42nd Session, January 2023Status:AcceptedContents:Promote gender equality by eliminating the drivers of discrimination against women and girls, such as harmful gender stereotypes, and by establishing a comprehensive inter-agency mechanism to create an enabling environment for them to access justice.
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State Under Review:Republic of KoreaRepublic of KoreaRegional groupAsia-Pacific GroupSource Of Reference:LebanonLebanonRegional groupAsia-Pacific GroupPolitical groupOICALOIFIssue:
- Sexual exploitation / slavery
Type:RecommendationSession:42nd Session, January 2023Status:AcceptedContents:Pursue efforts aimed at fighting human trafficking and sexual exploitation.
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State Under Review:Republic of KoreaRepublic of KoreaRegional groupAsia-Pacific GroupSource Of Reference:Stakeholder SummaryIssue:
- Sexual violence
Type:Review DocumentationSession:42nd Session, January 2023Status:Not Followed up with a RecommendationContents:JS2 recommended revising the legal definition of rape to include absence of consent in accordance with international human rights standards. [Para 70]
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State Under Review:Republic of KoreaRepublic of KoreaRegional groupAsia-Pacific GroupSource Of Reference:Stakeholder SummaryIssue:
- HIV and AIDS
Type:Review DocumentationSession:42nd Session, January 2023Status:Reference AddressedContents:JS6 recommended preventing the infringement of the right to health and discrimination against people living with HIV/AIDS, especially those in detention facilities. JS6 recommended abolishing the criminalization of potential HIV transmission by repealing Article 19 of Prevention of Acquired Immunodeficiency Syndrome Act. [Para 25]
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State Under Review:Republic of KoreaRepublic of KoreaRegional groupAsia-Pacific GroupSource Of Reference:UN CompilationIssue:
- Gender equality
- Women's and / or girls' rights
Type:Review DocumentationSession:42nd Session, January 2023Status:Reference AddressedContents:CEDAW recommended reinforcing the gender and women’s rights mandate of the [National Human Rights] Commission. [Para 7]
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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.