Displaying 41901 - 41925 of 58160 recommendations found
-
State Under Review:Republic of KoreaRepublic of KoreaRegional groupAsia-Pacific GroupSource Of Reference:UN CompilationIssue:
- Forced sterilization
Type:Review DocumentationSession:28th Session November 2017Status:Reference AddressedContents:[CRPD] was concerned about cases of forced sterilization of women with disabilities, despite legal provisions prohibiting the practice. It urged the authorities to eradicate the practice. [Para 63] -
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.
-
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:FranceFranceRegional groupWEOGPolitical groupEUOIFIssue:
- International human rights instruments
Type:RecommendationSession:42nd Session, January 2023Status:Unclear ResponseContents:Ratify the OP-CRC-IC.
ExplanationNoted. The Government is continuously reviewing the recommendations.
-
State Under Review:Republic of KoreaRepublic of KoreaRegional groupAsia-Pacific GroupSource Of Reference:IcelandIcelandRegional groupWEOGIssue:
- Transgender persons' rights
Type:RecommendationSession:42nd Session, January 2023Status:Unclear ResponseContents:Stop conditioning legal gender recognition for transgender persons upon psychiatric diagnosis, medical treatment and the prohibition to marry or having children, and introduce instead a transparent administrative process based on individual self-declaration.
ExplanationNoted. Gender recognition requires legislative action as it is a matter of determining the legal status of one’s gender. In the absence of such legislation, the decision to grant gender recognition is a matter of the judiciary and the presiding judge, in line with the decision of the Supreme Court, makes a decision on each specific case, taking into account various factors.
-
State Under Review:Republic of KoreaRepublic of KoreaRegional groupAsia-Pacific GroupSource Of Reference:ChinaChinaRegional groupAsia-Pacific GroupIssue:
- Violence against women / gender-based violence
Type:RecommendationSession:42nd Session, January 2023Status:AcceptedContents:Combat effectively online and offline violence against women and girls and bring the perpetrators to justice.
ExplanationAlready implemented.
-
State Under Review:Republic of KoreaRepublic of KoreaRegional groupAsia-Pacific GroupSource Of Reference:Russian FederationRussian FederationRegional groupEEGPolitical groupCISIssue:
- Violence against women / gender-based violence
- Sexual violence
- Domestic violence
- Trafficking in women and / or girls
Type:RecommendationSession:42nd Session, January 2023Status:AcceptedContents:Ensure that foreign women who are victims of domestic violence and sexual violence or human trafficking or other forms of violence are guaranteed access to justice.
-
State Under Review:Republic of KoreaRepublic of KoreaRegional groupAsia-Pacific GroupSource Of Reference:TurkeyTurkeyRegional groupWEOGPolitical groupOICIssue:
- Women's and / or girls' rights
Type:RecommendationSession:42nd Session, January 2023Status:AcceptedContents:Implement more effective policies and strengthen institutions in order to eliminate discrimination against women.
-
State Under Review:Republic of KoreaRepublic of KoreaRegional groupAsia-Pacific GroupSource Of Reference:BelgiumBelgiumRegional groupWEOGPolitical groupEUOIFIssue:
- International human rights instruments
Type:QuestionSession:42nd Session, January 2023Status:N/AContents:Is the government of the Republic of Korea considering ratifying the ... ILO Convention 189 on Domestic Workers? -
State Under Review:Republic of KoreaRepublic of KoreaRegional groupAsia-Pacific GroupSource Of Reference:Stakeholder SummaryIssue:
- Intersex persons' rights
- Discrimination based on sexual orientation
- Discrimination based on gender identity
- Violence on the basis of sexual orientation
- Violence on the basis of gender identity
Type:Review DocumentationSession:42nd Session, January 2023Status:Not Followed up with a RecommendationContents:Noting cases of hate crimes against LGBTI persons, JS6 recommended preventing and investigating homo/transphobic hate speech and hate crimes. [Para 83]
-
State Under Review:Republic of KoreaRepublic of KoreaRegional groupAsia-Pacific GroupSource Of Reference:United KingdomUnited KingdomRegional groupWEOGPolitical groupEUCommonwealthIssue:
- HIV and AIDS
Type:QuestionSession:2nd session, May 2008Status:Not Followed up with a RecommendationContents:Some visa categories, notably 'E-2 Teaching Foreign Languages' ask applicants for their HIV status, and there have been reports of foreigners being deported because of their HIV status. Does the ROK Government consider this to be discrimination and, if so, what measures will it take to address this issue? -
State Under Review:Republic of KoreaRepublic of KoreaRegional groupAsia-Pacific GroupSource Of Reference:Stakeholder SummaryIssue:
- Abortion
- Sexual and / or reproductive rights and / or health broadly
Type:Review DocumentationSession:42nd Session, January 2023Status:Reference AddressedContents:AI recommended reforming the Criminal Act and ensuring universal access to safe and legal abortion. JS2 recommended that the authorities design and implement policies and programmes with adequate budget to provide safe, accessible, and quality abortion services to all women. HRW recommended providing information about sexual and reproductive health and rights, including abortion, to the public. [Para 55]
-
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:It was recommended that the Republic of Korea ratify the … OP-ICESCR, the OP-CRPD, the OP-CRC-IC … the Domestic Workers Convention, 2011 (No. 189) … [Para 2]
-
State Under Review:Republic of KoreaRepublic of KoreaRegional groupAsia-Pacific GroupSource Of Reference:GermanyGermanyRegional groupWEOGPolitical groupEUIssue:
- Gender equality
Type:QuestionSession:2nd session, May 2008Status:Not Followed up with a RecommendationContents:It asked about possible plans to change the relevant legislation in order to allow for a more active participation of female foreign spouses in the economic sphere and to shield them from abuse. -
State Under Review:Republic of KoreaRepublic of KoreaRegional groupAsia-Pacific GroupSource Of Reference:UN CompilationIssue:
- International human rights instruments
Type:Review DocumentationSession:2nd session, May 2008Status:NeglectedContents:In 2001, CESCR noted with concern that, according to the Constitution, the status of ICESCR is equal to that of domestic laws and urged the State to accord the ICESRC a legal status that would enable it to be invoked directly within the domestic legal system and that such status be superior to all national laws. [Para 2] -
State Under Review:Republic of KoreaRepublic of KoreaRegional groupAsia-Pacific GroupSource Of Reference:GuatemalaGuatemalaRegional groupGRULACPolitical groupOASOEIACSIssue:
- International human rights instruments
Type:RecommendationSession:28th Session November 2017Status:Unclear ResponseContents:Ratify the Optional Protocol to the Convention on the Rights of Persons with Disabilities (OP-CRPD).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:ChileChileRegional groupGRULACPolitical groupOASOEIIssue:
- Discrimination based on sexual orientation
- Discrimination based on gender identity
Type:RecommendationSession:28th Session November 2017Status:Unclear ResponseContents:Continue to work to eliminate all forms of stigmatization or discrimination based on sexual orientation or 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:TurkeyTurkeyRegional groupWEOGPolitical groupOICIssue:
- Birth registration
Type:RecommendationSession:28th Session November 2017Status:Unclear ResponseContents:Further improve the birth registration system as to ensure universal birth registration to all children born in the territory of the Republic of Korea, regardless of the status of the 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:JapanJapanRegional groupAsia-Pacific GroupIssue:
- Violence against women / gender-based violence
- Sexual violence
- Domestic violence
Type:RecommendationSession:28th Session November 2017Status:AcceptedContents:Make further efforts to prevent sexual and domestic violence as pointed out by the relevant Treaty Bodies. -
State Under Review:Republic of KoreaRepublic of KoreaRegional groupAsia-Pacific GroupSource Of Reference:ColombiaColombiaRegional groupGRULACPolitical groupOASOEIACSIssue:
- Gender equality
- Women's participation
Type:RecommendationSession:28th Session November 2017Status:AcceptedContents:Redouble efforts to increase the representation of women in decision-making positions and reduce the wage inequality gap between men and women.