Displaying 41851 - 41875 of 58160 recommendations found
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State Under Review:Republic of KoreaRepublic of KoreaRegional groupAsia-Pacific GroupSource Of Reference:NetherlandsNetherlandsRegional groupWEOGPolitical groupEUIssue:
- International human rights instruments
- Trafficking in women and / or girls
Type:RecommendationSession:14th session, November 2012Status:AcceptedContents:Ratify the Palermo Protocol.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.
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State Under Review:Republic of KoreaRepublic of KoreaRegional groupAsia-Pacific GroupSource Of Reference:UN CompilationIssue:
- Sex work / "prostitution"
Type:Review DocumentationSession:14th session, November 2012Status:NeglectedContents:... Review its prostitution policy and relevant legislation, with a view to decriminalizing women's involvement in prostitution. [Para 20; CEDAW] -
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 reported that unwed mothers are often forced to relinquish their children due to social stigma and financial difficulties resulting from the prejudice. Under the National Basic Livelihood security system, people may not receive government support unless they have no family or unless the whole family, including siblings, is in poverty. Laws to compel fathers to pay child support are still not enforced. KFPN and JS5 recommended amendment of the Single-Parent Family Welfare Act and the National Basic Livelihood Security Act. [Para 36] -
State Under Review:Republic of KoreaRepublic of KoreaRegional groupAsia-Pacific GroupSource Of Reference:UN CompilationIssue:
- International human rights instruments
- Trafficking in women and / or girls
Type:Review DocumentationSession:2nd session, May 2008Status:Reference AddressedContents:... CEDAW called upon the State to consider ratifying the Palermo Protocol ... [Para 1] -
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:28th Session November 2017Status:Unclear ResponseContents:Adopt a comprehensive anti-discrimination act prohibiting discrimination based on sexual orientation, gender, religion, belief, and race.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:PanamaPanamaRegional groupGRULACPolitical groupOASOEIACSIssue:
- Marital rape
Type:RecommendationSession:28th Session November 2017Status:Unclear ResponseContents:Undertake legislative measures to criminalize marital rape.ExplanationNoted. Under the current law, marital rape is recognized as a criminal offense as the object of the crime of rape is defined as a person, which in itself includes a spouse. -
State Under Review:Republic of KoreaRepublic of KoreaRegional groupAsia-Pacific GroupSource Of Reference:IndiaIndiaRegional groupAsia-Pacific GroupPolitical groupCommonwealthIssue:
- Gender equality
- Gender perspective in policies, programmes
Type:RecommendationSession:28th Session November 2017Status:AcceptedContents:Take credible steps towards gender mainstreaming and reinforcing the principle of equal pay for equal work. -
State Under Review:Republic of KoreaRepublic of KoreaRegional groupAsia-Pacific GroupSource Of Reference:ChileChileRegional groupGRULACPolitical groupOASOEIIssue:
- Marital rape
- Violence against women / gender-based violence
- Domestic violence
Type:RecommendationSession:28th Session November 2017Status:AcceptedContents:Consider the adoption of a comprehensive strategy to eliminate gender violence, particularly domestic violence and marital rape. -
State Under Review:Republic of KoreaRepublic of KoreaRegional groupAsia-Pacific GroupSource Of Reference:UN CompilationIssue:
- International human rights instruments
- Trafficking in women and / or girls
Type:Review DocumentationSession:28th Session November 2017Status:NeglectedContents:... it was recommended that the Republic of Korea ratify ... the Convention against Transnational Organized Crime, and its Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, … . [Para 2] -
State Under Review:Republic of KoreaRepublic of KoreaRegional groupAsia-Pacific GroupSource Of Reference:Stakeholder SummaryIssue:
- 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:28th Session November 2017Status:Reference AddressedContents:JS1 stated that the Government should officially state that it does not tolerate any form of social stigmatization and discrimination, including violence against persons based on their sexual orientation or gender identity and develop and carry out public campaigns and training to public officials to promote sensitivity and respect for diversity in respect of sexual orientation and gender identity. [Para 32] -
State Under Review:Republic of KoreaRepublic of KoreaRegional groupAsia-Pacific GroupSource Of Reference:AlgeriaAlgeriaRegional groupAfrica GroupPolitical groupAUOICALIssue:
- Women's and / or girls' rights
Type:RecommendationSession:2nd session, May 2008Status:AcceptedContents:To take measures to protect and fulfill the rights of all women migrant workers and to ensure that they are not subjected to discriminatory practices.ImplementationNational Report:
Para 68) The measures described in Paragraphs 66 and 67 are applied in the same manner to women migrant workers. They are also entitled to the same maternity protection as Korean workers, including prohibition of termination for pregnancy and delivery, and guarantee of maternity leave and childcare leave pay. When the circumstance is deemed necessary, they are allowed to stay for a period required to protect their motherhood after the expiration of their visas. When women migrant workers are investigated by authorities or detained in immigration facilities for the violation of immigration status, a female enforcement officer should be assigned to their cases to prevent any potential sexual harassment. When illegal migrant women are in the process of filing legal claims for remedy for human rights violation, including sex trade or sexual abuse, the deportation order is deferred and they are entitled to temporary residency.
Please note: Para 66) Migrant workers who entered the Republic of Korea under the Employment Permit System are entitled to the same protection as Korean workers pursuant to the relevant labor- related legislations such as the Labor Standards Act, the Minimum Wage Act, and the Occupational Safety and Health Act. The Act on the Employment and Others of Foreign Workers, among others, lays out the principle of prohibition of discrimination against foreign workers and their protection. The issue of transferring to a different workplace has been an ongoing concern under the Employment Permit System. With the amendment of relevant legislation passed in October 2009, transfer applications based on unfair treatment, withholding wages, and other reasons beyond the responsibility of migrant workers are accepted without restriction.
Please note: Para 67) In 2011, with a view to addressing work-related grievances of migrant workers, the Government opened a counseling center for migrant workers, which offers counseling services in ten different languages. In addition, more support centers for migrant workers were established to provide counseling services near their workplaces. As a way to ensure implementation of regulations on the rights of migrant workers, the Government carries out inspections at workplaces that hire a large number of migrant workers for their employment practices, conduct surveys on migrant workers, and monitors workplaces. -
State Under Review:Republic of KoreaRepublic of KoreaRegional groupAsia-Pacific GroupSource Of Reference:United KingdomUnited KingdomRegional groupWEOGPolitical groupEUCommonwealthIssue:
- Intersex persons' rights
- Discrimination based on sexual orientation
- Discrimination based on gender identity
Type:RecommendationSession:42nd Session, January 2023Status:Unclear ResponseContents:Enact a comprehensive anti-discrimination law, that prohibits all forms of discrimination, including protection for all those in the LGBT+ community.
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:United StatesUnited StatesRegional groupWEOGPolitical groupOASIssue:
- Criminal laws on same-sex sexual practices
Type:RecommendationSession:42nd Session, January 2023Status:Unclear ResponseContents:Repeal the Military Criminal Act’s article criminalizing same-sex conduct 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:NorwayNorwayRegional groupWEOGIssue:
- Gender equality
- Women's and / or girls' rights
- Women's participation
Type:RecommendationSession:42nd Session, January 2023Status:AcceptedContents:Implement measures to ensure women’s equal participation in work life and politics, by preventing discrimination and reducing the gender wage gap.
ExplanationAlready implemented.
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State Under Review:Republic of KoreaRepublic of KoreaRegional groupAsia-Pacific GroupSource Of Reference:MaldivesMaldivesRegional groupAsia-Pacific GroupPolitical groupOICCommonwealthIssue:
- Gender equality
- Women's and / or girls' rights
Type:RecommendationSession:42nd Session, January 2023Status:AcceptedContents:Reinforce the gender and women’s rights mandate of the National Human Rights Commission of the Republic of Korea.
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State Under Review:Republic of KoreaRepublic of KoreaRegional groupAsia-Pacific GroupSource Of Reference:KuwaitKuwaitRegional groupAsia-Pacific GroupPolitical groupOICALIssue:
- Violence against women / gender-based violence
- Sexual violence
- Women's and / or girls' rights
Type:RecommendationSession:42nd Session, January 2023Status:AcceptedContents:Continue with procedures and legislation aimed at eliminating all forms of discrimination against women, gender equality, protecting women from gender-based violence, and supporting victims of sexual violence.
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State Under Review:Republic of KoreaRepublic of KoreaRegional groupAsia-Pacific GroupSource Of Reference:IcelandIcelandRegional groupWEOGIssue:
- Abortion
Type:RecommendationSession:42nd Session, January 2023Status:AcceptedContents:Guarantee universal access to safe and legal abortion by swiftly reforming the Criminal Act.
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State Under Review:Republic of KoreaRepublic of KoreaRegional groupAsia-Pacific GroupSource Of Reference:UN CompilationIssue:
- Intersex persons' rights
Type:Review DocumentationSession:42nd Session, January 2023Status:Not Followed up with a RecommendationContents:CEDAW recommended ensuring that transgender persons had the right to access to medical services, including national health insurance coverage, and that intersex persons were not subjected to involuntary medical interventions. [Para 86]
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State Under Review:Republic of KoreaRepublic of KoreaRegional groupAsia-Pacific GroupSource Of Reference:Stakeholder SummaryIssue:
- Discrimination based on sexual orientation
- Discrimination based on gender identity
Type:Review DocumentationSession:42nd Session, January 2023Status:Reference AddressedContents:NHRCK recommended enacting the proposed Equality Act, prohibiting discrimination based on sexual orientation, gender identity and other grounds in all spheres of life. [Para 4]
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State Under Review:Republic of KoreaRepublic of KoreaRegional groupAsia-Pacific GroupSource Of Reference:UN CompilationIssue:
- Sexuality education
- Discrimination based on sexual orientation
- Discrimination based on gender identity
- HIV and AIDS
- Adolescent pregnancy
Type:Review DocumentationSession:42nd Session, January 2023Status:Reference AddressedContents:CRC urged the State to provide age-appropriate sexual education, paying special attention to preventing adolescent pregnancy and HIV/AIDS and adequately covering sexual orientation and gender identity. [Para 55]
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State Under Review:Republic of KoreaRepublic of KoreaRegional groupAsia-Pacific GroupSource Of Reference:MexicoMexicoRegional groupGRULACPolitical groupOASOEIACSIssue:
- Domestic violence
Type:RecommendationSession:2nd session, May 2008Status:AcceptedContents:To strengthen legislation regarding domestic violence and to take measures to ensure access of migrants to services including access to the justice system. -
State Under Review:Republic of KoreaRepublic of KoreaRegional groupAsia-Pacific GroupSource Of Reference:PeruPeruRegional groupGRULACPolitical groupOASOEIIssue:
- International human rights instruments
- Trafficking in women and / or girls
Type:RecommendationSession:2nd session, May 2008Status:AcceptedContents:To ratify the Palermo Protocol.ImplementationNational Report:
Para 76) ... It is currently seeking to amend the relevant legislations on the premise that it will ratify the UN Protocol to Prevent, Suppress and Punish Trafficking annexed to the Convention against Transnational Organized Crime ... -
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]