Displaying 41801 - 41825 of 58160 recommendations found
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State Under Review:Republic of KoreaRepublic of KoreaRegional groupAsia-Pacific GroupSource Of Reference:SpainSpainRegional groupWEOGPolitical groupEUOEIIssue:
- Discrimination based on sexual orientation
Type:RecommendationSession:14th session, November 2012Status:Unclear ResponseContents:Include in the Anti-discrimination Law a specific prohibition on 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:RomaniaRomaniaRegional groupEEGPolitical groupEUOIFIssue:
- Birth registration
Type:RecommendationSession:14th session, November 2012Status:Unclear ResponseContents:Enact measures regarding the civil registration of children at birth in order to fight the possible traffic in human beings.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:MoldovaMoldovaRegional groupEEGPolitical groupCISOIFIssue:
- Sexual exploitation / slavery
- Trafficking in women and / or girls
Type:RecommendationSession:14th session, November 2012Status:AcceptedContents:Strengthen the cooperation both at national and international levels in fighting against human trafficking equally for the purposes of sexual exploitation and forced labour.ImplementationNational Report:
Para 55) The Government amended the Criminal Act to newly stipulate the crime of human trafficking in order to ratify the Protocol to Prevent, Suppress, and Punish Trafficking in Persons, Especially Women and Children, Supplementing the United Nations Convention against Transnational Organized Crime. The amended Criminal Act expanded the purpose of kidnapping and abduction, along with the previously stipulated purpose of “engaging in an indecent act, sexual intercourse or marriage, or for gain” and “transportation of a person out of the Republic of Korea”, to include the purpose of “labour exploitation, sex trafficking, or the acquisition of organs”. The consequentially aggravated crimes of human trafficking were also more specified into bodily injury and murder and death, in line with the principle of liability. A person who recruits, transfers, or delivers another with the intent to commit human trafficking has become principal rather than accessory under the amended Criminal Act, as such acts are defined as distinct acts of crimes. The provision of universal jurisdiction has been introduced so as to punish foreign nationals in the territory of the Republic of Korea, who have committed the same crime outside the Republic of Korea. The Government presented the bill for the consent of the ratification of the Protocol on Trafficking in Persons, which passed National Assembly in 2015 and the instrument of ratification was deposited with the United Nations. The Protocol took effect in Korea on 5 December 2015.
UN Compilation:
Para 57) The HR Committee noted with concern that, while the Republic of Korea was a source, transit and destination country for human trafficking, traffickers were rarely prosecuted and convicted. It was concerned ...that women entering the country on E-6 (culture and entertainment) visas were frequently trapped into prostitution, ... .
Stakeholder Summary:
Para 56) AI stated that the definition of human trafficking was not consistent with international law. JS2 reported that law enforcement officers often failed to identify victims of human trafficking and trafficking victims who were trafficked for labour and sexual exploitation could not receive a proper protection. -
State Under Review:Republic of KoreaRepublic of KoreaRegional groupAsia-Pacific GroupSource Of Reference:National ReportIssue:
- Sexual abuse
- Other
Type:Review DocumentationSession:14th session, November 2012Status:N/AContents:Amendments to the Social Services Act were passed in January 2012 and will be put into effect in August 2012. The amended Act sets forth the protection of human rights as one of basic principles of social services and duties of social service workers. The Act ... prohibits employment of convicted sex offenders against children and juveniles by social service institutions ... [Para 24] -
State Under Review:Republic of KoreaRepublic of KoreaRegional groupAsia-Pacific GroupSource Of Reference:UN CompilationIssue:
- Sexual exploitation / slavery
- Sexual violence
Type:Review DocumentationSession:14th session, November 2012Status:Reference AddressedContents:... CRC recommended that the Republic of Korea take appropriate measures to prevent sexual violence against children and make more efforts to effectively prosecute the sexual exploitation of children. [Para 19] -
State Under Review:Republic of KoreaRepublic of KoreaRegional groupAsia-Pacific GroupSource Of Reference:Stakeholder SummaryIssue:
- International human rights instruments
Type:Review DocumentationSession:14th session, November 2012Status:Reference AddressedContents:AI and/or ICJ called for the ratification of OP-CRC-IC, OP-ICESCR ... [Para 25] -
State Under Review:Republic of KoreaRepublic of KoreaRegional groupAsia-Pacific GroupSource Of Reference:ColombiaColombiaRegional groupGRULACPolitical groupOASOEIACSIssue:
- Intersex persons' rights
- Rights of same-sex desiring persons
- Transgender persons' rights
Type:RecommendationSession:42nd Session, January 2023Status:Unclear ResponseContents:Strengthen the legal framework to protect and promote the rights of LGTBIQ+ persons.
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:CanadaCanadaRegional groupWEOGPolitical groupOASOIFCommonwealthIssue:
- HIV and AIDS
Type:CommentSession:14th session, November 2012Status:Not Followed up with a RecommendationContents:Canada raised concerns about HIV. -
State Under Review:Republic of KoreaRepublic of KoreaRegional groupAsia-Pacific GroupSource Of Reference:IcelandIcelandRegional groupWEOGIssue:
- Rights of same-sex desiring persons
Type:RecommendationSession:42nd Session, January 2023Status:Unclear ResponseContents:Legalize same-sex marriage between consenting adults and legalize adoption by same-sex couples.
ExplanationNoted. 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:SudanSudanRegional groupAfrica GroupPolitical groupAUOICALIssue:
- Violence against women / gender-based violence
- Women's and / or girls' rights
Type:RecommendationSession:42nd Session, January 2023Status:AcceptedContents:Continue its efforts in ensuring protection for women, girls against all kind of violence, harassment and abuses.
ExplanationAlready implemented.
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State Under Review:Republic of KoreaRepublic of KoreaRegional groupAsia-Pacific GroupSource Of Reference:NepalNepalRegional groupAsia-Pacific GroupIssue:
- Sexual abuse
- Sexual violence
Type:RecommendationSession:42nd Session, January 2023Status:AcceptedContents:Continue its efforts to address sexual violence and abuse against children.
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State Under Review:Republic of KoreaRepublic of KoreaRegional groupAsia-Pacific GroupSource Of Reference:SwitzerlandSwitzerlandRegional groupWEOGPolitical groupOIFIssue:
- Gender equality
Type:RecommendationSession:42nd Session, January 2023Status:AcceptedContents:Maintain, even strengthen, the services of the Ministry of Gender Equality and the Family, when they are handed over to the Ministry of Health and Welfare.
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State Under Review:Republic of KoreaRepublic of KoreaRegional groupAsia-Pacific GroupSource Of Reference:NamibiaNamibiaRegional groupAfrica GroupPolitical groupAUCommonwealthIssue:
- International human rights instruments
Type:RecommendationSession:42nd Session, January 2023Status:AcceptedContents:Ratify the OP-CRPD.
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State Under Review:Republic of KoreaRepublic of KoreaRegional groupAsia-Pacific GroupSource Of Reference:National ReportIssue:
- Gender equality
Type:Review DocumentationSession:2nd session, May 2008Status:N/AContents:In accordance with the recommendations of CEDAW and CERD, a draft Anti-Discrimination Act that prohibits and prevents ungrounded discrimination in all areas of living and provides remedies for damage incurred by unreasonable discrimination was submitted for deliberation before the National Assembly in December 2007 ... [Para 33] -
State Under Review:Republic of KoreaRepublic of KoreaRegional groupAsia-Pacific GroupSource Of Reference:Stakeholder SummaryIssue:
- Age of consent
Type:Review DocumentationSession:42nd Session, January 2023Status:Not Followed up with a RecommendationContents:ECLJ noted that the age of consent has been 13. Therefore, if a child over the age of 13 claims having a sexual activity with an adult in a consensual situation there were no clear regulations, and the punishment was up to judges’ discretion. [Para 72]
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State Under Review:Republic of KoreaRepublic of KoreaRegional groupAsia-Pacific GroupSource Of Reference:Stakeholder SummaryIssue:
- Women's and / or girls' rights
Type:Review DocumentationSession:2nd session, May 2008Status:Reference AddressedContents:... Recommended amending applicable laws to guarantee foreign women access to legal procedures regardless of legality of their entry into Korea ... [Para 39] -
State Under Review:Republic of KoreaRepublic of KoreaRegional groupAsia-Pacific GroupSource Of Reference:Stakeholder SummaryIssue:
- Sexual exploitation / slavery
Type:Review DocumentationSession:42nd Session, January 2023Status:Reference AddressedContents:AI recommended that the Government refrain from allowing the invocation of procedural hurdles hampering efforts of comfort-women survivors and their families to obtain full and effective reparation through justice procedures and work with the foreign country and other affected countries to ensure that effective systems are put in place to implement reparation measures for survivors, taking into account their views and needs. [Para 32]
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State Under Review:Republic of KoreaRepublic of KoreaRegional groupAsia-Pacific GroupSource Of Reference:UN CompilationIssue:
- International human rights instruments
Type:Review DocumentationSession:42nd Session, January 2023Status:Reference AddressedContents:CEDAW considered that the reservation to article 16 (1) (g) of the Convention on the Elimination of All Forms of Discrimination against Women was incompatible with the object and purpose of the Convention and that it should be withdrawn. … [Para 3]
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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]