REPUBLIC OF KOREA: Children's Rights in UN Special Procedures' Reports

Summary: This report extracts mentions of children's rights issues in the reports of the UN Special Procedures. This does not include reports of child specific Special Procedures, such as the Special Rapporteur on the sale of children, child prostitution and child pornography, which are available as separate reports.

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Special Rapporteur on the right to freedom of expression and opinion,
Frank La Rue

Visit: 5-15 May 2010

A full report is not available yet and the press-release does not include specific child rights concerns.

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Special Rapporteur on the human rights of migrants

(A/HRC/4/24/Add.2)

Visit: 5-11 December 2006
Report published: 14 March 2007

The Republic of Korea has ratified the main international human rights treaties. However the Republic of Korea has not ratified the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families (ICRMW). (Paragraph 2)

Deportation of undocumented migrant children: The deportation of irregular migrants' children is an issue of particular concern. On 21 August 2006 the Ministry of Justice released a new policy regarding undocumented migrants' children. Undocumented migrants' children who are enrolled in elementary school are required to report their irregular status within the reporting period from 1 September 2006 to 30 November 2006 and will be given special stay permission. Those who reported their irregular status are allowed to stay until the end of February 2008. However, those who are supposed to graduate in February 2007 may stay until 30 days following the graduation date of the elementary school. This special permission will not be given to those who do not report and will therefore be deported. Under the current Nationality Act which is based on jus sanguini, the children of foreigners residing as workers in the Republic of Korea are prohibited from obtaining Korean nationality even if the children were born in the Republic of Korea. (Paragraph 31)

The situation of undocumented children of migrants is a matter of concern. (Paragraph 56)

Children's rights to education are not addressed appropriately in accordance with relevant humam rights standards, including the Convention on the Rights of the Child . As foreseen in the CRC, the best interests of the child should govern all regulations or decisions taken to govern their status. In particular, all efforts should be made to allow them to enjoy all their human rights notably with regard to access to education and health services. (Paragraph 66)

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Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression, Mr. Abid Hussain

(E/CN.4/1996/39/Add.1)

Visit: 25-30 June 1995
Report published: 21 November 1995

no specific mention of child rights issues.

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