Displaying 41926 - 41950 of 58126 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:IsraelIsraelRegional groupWEOGIssue:
- Discrimination based on sexual orientation
- Discrimination based on gender identity
Type:RecommendationSession:42nd Session, January 2023Status:Unclear ResponseContents:Continue to take measures to tackle all forms of discrimination, including on the grounds of 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: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:MongoliaMongoliaRegional groupAsia-Pacific GroupIssue:
- International human rights instruments
Type:RecommendationSession:42nd Session, January 2023Status:Unclear ResponseContents:Consider joining the OP-CRC-IC.
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: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:IraqIraqRegional groupAsia-Pacific GroupPolitical groupOICALIssue:
- Birth registration
Type:RecommendationSession:42nd Session, January 2023Status:AcceptedContents:Continue efforts to ensure birth registration, making it available to all children regardless of the legal status of the parents or their origins.
ExplanationTo introduce the birth notification system, the proposal on an amendment to the Family Relations Registration Act has been drafted and is under deliberation in the National Assembly.
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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:Sri LankaSri LankaRegional groupAsia-Pacific GroupPolitical groupCommonwealthIssue:
- Domestic violence
Type:RecommendationSession:42nd Session, January 2023Status:AcceptedContents:Continue the commitment towards preventing domestic violence and strengthening support services of victims of domestic violence.
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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:ArgentinaArgentinaRegional groupGRULACPolitical groupOASOEIIssue:
- Marital rape
- Violence against women / gender-based violence
- Transgender persons' rights
Type:RecommendationSession:42nd Session, January 2023Status:AcceptedContents:Significantly increase efforts to combat gender-based violence against women in all its forms in order to make the necessary legislative amendments to criminalize marital rape, as well as to recognize gender identity, in accordance with personal autonomy and human dignity.
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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:El SalvadorEl SalvadorRegional groupGRULACPolitical groupOASOEIACSIssue:
- Gender equality
- Women's and / or girls' rights
Type:RecommendationSession:42nd Session, January 2023Status:AcceptedContents:Continue and strengthen its National Plan for the elimination of discrimination against women and the promotion of gender equality.
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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:UN CompilationIssue:
- Marginalized groups of women
- Gender perspective in policies, programmes
- Women's and / or girls' rights
Type:Review DocumentationSession:42nd Session, January 2023Status:Not Followed up with a RecommendationContents:[CRPD] recommended mainstreaming the rights of women and girls with disabilities into all gender legislation and a gender perspective into disability policies and programmes. [Para 77]
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State Under Review:Republic of KoreaRepublic of KoreaRegional groupAsia-Pacific GroupSource Of Reference:Stakeholder SummaryIssue:
- Sexual harassment
Type:Review DocumentationSession:42nd Session, January 2023Status:Reference AddressedContents:Noting gaps in legislation to punish sexual harassment, HRW recommended that the State ratify and make reforms in alignment with the ILO Convention on Violence and Harassment (No. 190), including comprehensive measures to promote prevention, monitoring, and remedies to ensure work free from violence and harassment. [Para 71]
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State Under Review:Republic of KoreaRepublic of KoreaRegional groupAsia-Pacific GroupSource Of Reference:UN CompilationIssue:
- Birth registration
Type:Review DocumentationSession:42nd Session, January 2023Status:Reference AddressedContents:In 2019, The CRC urged the State to ensure that birth registration was universal and available to all children regardless of their parents’ legal status or origin. [Para 71]
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State Under Review:Republic of KoreaRepublic of KoreaRegional groupAsia-Pacific GroupSource Of Reference:BrazilBrazilRegional groupGRULACPolitical groupOASOEIIssue:
- International human rights instruments
Type:RecommendationSession:2nd session, May 2008Status:Unclear ResponseContents:To ratify the CRPD without reservations.ExplanationReservation to only Art. 25 (e) of the Convention is being considered.ImplementationNational Report:
Para 76) Among international human rights instruments, to which the Republic of Korea was recommended to accede at the first UPR, the Government signed and ratified the Convention on the Rights of Persons with Disabilities in 2008 ... The Convention on the Rights of Persons with Disabilities was ratified with reservation to Article 25 (e) which conflicts with a domestic law, but the Government will consider withdrawing the reservation after completing the current amendment of the relevant statute. -
State Under Review:Republic of KoreaRepublic of KoreaRegional groupAsia-Pacific GroupSource Of Reference:National ReportIssue:
- Sex work / "prostitution"
- Violence against women / gender-based violence
- Sexual violence
- Domestic violence
Type:Review DocumentationSession:2nd session, May 2008Status:N/AContents:To prevent sexual violence against women, the Government took pan-governmental measures, including the establishment of the Comprehensive Plan for the Prevention of Sexual Violence and Support for Victims and the formation of the Task Force against Sexual Violence. In addition, since the revision of the Act on the Prevention of Domestic Violence and Protection of Victims, it has become mandatory for schools to provide education on the prevention of domestic violence, and assistance for medical costs has been readjusted substantially. Furthermore, the Government has made efforts to tackle the fundamental and structural causes of prostitution with the formation of the Prostitution Prevention Task Force Team and with the establishment of the Act on the Prevention of Sexual Traffic and Protection of Victims, etc., of Victims thereof and the Act on the Punishment of Acts of Arranging Sexual Traffic. In particular, punishment of the procurers and clients of prostitution has been strengthened while measures have been taken to protect the human rights of the victims of forced prostitution. [Para 74] -
State Under Review:Republic of KoreaRepublic of KoreaRegional groupAsia-Pacific GroupSource Of Reference:GhanaGhanaRegional groupAfrica GroupPolitical groupAUOIFCommonwealthIssue:
- 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:ItalyItalyRegional groupWEOGPolitical groupEUIssue:
- Discrimination based on sexual orientation
- Discrimination based on gender identity
Type:RecommendationSession:28th Session November 2017Status:Unclear ResponseContents:Strengthen efforts to combat all forms of discrimination, including against LGBTI persons, by adopting a comprehensive law and running national awareness campaigns.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:Sierra LeoneSierra LeoneRegional groupAfrica GroupPolitical groupAUOICCommonwealthIssue:
- Birth registration
Type:RecommendationSession:28th Session November 2017Status:Unclear ResponseContents:Establish a comprehensive national birth registration system for foreign nationals to ensure the births of their children are registered.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:MaldivesMaldivesRegional groupAsia-Pacific GroupPolitical groupOICCommonwealthIssue:
- Violence against women / gender-based violence
- Domestic violence
Type:RecommendationSession:28th Session November 2017Status:AcceptedContents:Continue measures to prevent, investigate and prosecute domestic violence offences and strengthen victim care. -
State Under Review:Republic of KoreaRepublic of KoreaRegional groupAsia-Pacific GroupSource Of Reference:SudanSudanRegional groupAfrica GroupPolitical groupAUOICALIssue:
- Gender equality
- Women's participation
Type:RecommendationSession:28th Session November 2017Status:AcceptedContents:Intensify its efforts to eliminate gender wage gap and promote women representation in political and economic affairs. -
State Under Review:Republic of KoreaRepublic of KoreaRegional groupAsia-Pacific GroupSource Of Reference:Stakeholder SummaryIssue:
- Sexuality education
- Rights of same-sex desiring persons
Type:Review DocumentationSession:28th Session November 2017Status:NeglectedContents:HRW noted the statement of official of the Ministry of Education made in 2017 that the new national sex education curriculum would not mention homosexuality. [Para 71] -
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, inter alia, that the Government not tolerate any form of social
stigmatization of, or discrimination against, persons based on their sexual orientation or
gender identity, that it strengthen the legal framework to protect them ... . [Para 16]