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Summary: A compilation of extracts featuring child-rights issues from the reports submitted to the second Universal Periodic Review. There are extracts from the 'National Report', the 'Compilation of UN Information' and the 'Summary of Stakeholders' Information'. Also included is the list of accepted and rejected recommendations.
Republic of Korea – 14th Session – 2012 Scroll to: National Report (Read about the first cycle review) National report 8. The National Human Rights Commission of Korea is an independent statutory government body established in 2001 in accordance with the Paris Principles. Its mandates are to receive complaints and investigate alleged cases of human rights violation or discrimination, in addition to conducting research on laws, systems and policies and issuing recommendations and opinions on human rights issues. While the NHRCK originally had the authority to investigate acts of discrimination allegedly committed by both public and private entities, its investigative authority over human rights violations was restricted to those committed by state institutions, local governments, and detention and protection facilities. With the revision of the National Human Rights Commission Act in March 2012, however, the NHRCK is mandated to conduct investigations into human rights violations at schools, public corporations, and other public institutions as well. The wider scope of investigative power given to the NHRCK is expected to further contribute to the enhanced protection and promotion of human rights in the country. 9. In October 2008, the Government withdrew its reservation to Paragraph 3 of Article 9 of the Convention on the Rights of the Child which stipulates that the visitation right of the child to maintain personal relations and direct contact with both parents on a regular basis shall be respected. In September 2009, it also withdrew the reservation to Article 7 of the Convention Relating to the Status of Refugees concerning exemption from reciprocity. The withdrawals were made respectively in accordance with the revision of applicable statutes of the Civil Act and the Immigration Control Act. 15. The Act on the Protection of Children and Juveniles from Sexual Abuse was amended in April 2010. With the amendments, the statute of limitations for sexual abuse against children and juveniles is suspended until the victim reaches legal age of majority. Inaddition, the court is required to order convicted sex offenders against children and juveniles to take special education or therapy, in addition to punitive sentence. 16. 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 are also subject to mandatory probation after serving full sentence. In addition, online service providers are responsible for deleting obscene materials accessible by children and juveniles with a penalty for noncompliance. 22. The Child Welfare Act was revised in August 2011 and will be put into effect in August 2012. With the revision, the Minister of Health and Welfare is required to conduct surveys every five years with regard to the general state of children. The results of the surveys will be publicized and incorporated into the Framework on Policies for Children. The Children Policy Coordinating Committee, expected to be reinvigorated by the revision of the Act after having been adjourned since 2008, will deliberate on the Framework before its finalization. The resumption of the work of the Committee will also contribute to comprehensive deliberation and coordination of children-related policies including the implementation of relevant international treaties. 24. 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 reinforces human rights education for workers engaged in social services, specifies violation of human rights as a just cause for dismissal of executive officers of social welfare foundations, and prohibits employment of convicted sex offenders against children and juveniles by social service institutions. The amendments are expected to enhance human rights protection in the entire sector of social services and promote human rights and welfare of recipients of social services. 26. Elementary and middle school education is compulsory in the Republic of Korea. Since the first UPR, the government has taken various measures to ensure the right to education for all children, with special attention given to students from low-income households or those with disabilities. Government financial aid programs tailored for students in need have also been available: KRW 473.4 billion was allocated to provide school meal assistance to 1.07 million students from low-income households in 2011, and 720,000 students in rural areas benefited from free school meals totaling KRW 345.9 billion. A framework to provide education to children with disabilities as appropriate to their development stage has been launched. Infants with disabilities are offered free education assistance, and children with disabilities who are three years old or older are provided with pre-school education, while children of school age receive more care as the number of staff at centers for supporting education of children with disabilities has been increased and special schools for children with disabilities provide all-day classes and after-session programs. Children unable to attend school have more opportunities to learn from teachers visiting their homes or institutions. In addition, to ensure educational opportunities to dropouts failing to adapt to regular schools, the Government revamped alternative education programs and supports their operation by offering assistance for training for teachers and curriculum development. 29. To ensure affordable and stable housing, a project to supply 1.5 million units of government rental apartments (“Bogeumjari Housing”) from 2009 to 2018 was planned in September 2008. The project is backed by a special legislation, the Act on the Construction of Bogeumjari Housing, which was enacted in March 2009. Among others, the Act offers permanent rental apartments to the lowest-income households. Children discharged from welfare institutions and people in need of immediate relief are entitled to tailored rental housing. In addition, the Government is making efforts to improve residential environments of the disadvantaged, by building infrastructure ranging from water and sewage system, roads, parking spaces to parks. 32. The National Health Insurance of the Republic of Korea, which is universal and compulsory, has been steadily expanding its coverage. For example, maternity grant and support for vaccinations of infants, diagnosis of genetic metabolic disorders, and neonatal care for infants born prematurely or with defect have been increased. For the elderly, dentures are now covered by the Insurance along with expanded services for their dental health and a medical check-up at the age of 66. In addition, copayment rates were lowered for rare and incurable diseases, severe burns and tuberculosis. 33. The Government has increased efforts to promote the right to health through greater support for preventive measures. The supplementary nutrition enhancement project for expecting mothers and infants was expanded to a nationwide scale in 2011, which resulted in the considerable reduction of anemia prevalence rate. In line with the growing demand for long-term care service faced by the aging society, in 2008, the Government introduced the Long-Term Care Insurance Program for the Elderly to relieve burden of families supporting their elderly who need constant attendance. The Insurance Program offers in- home or in-facility care services and financial aid to senior citizens aged 65 or older. Those younger than 65 but suffering from age-associated diseases are also entitled by the Program. In addition, a comprehensive plan for dementia patients, including efforts for early diagnosis and timely treatment and care, has been launched. 34. Since the first UPR, a number of policies were put in place with a specific aim to protect human rights and promote welfare of the people with disabilities. Related major legislative efforts are as follows: In 2008, the Special Act on the Preferential Purchase of Products Manufactured by Persons with Severe Disabilities was enacted to promote sale of goods produced by rehabilitation facilities for people with disabilities for the growth of their income. In 2010, the Disability Pension Act was enacted to support people with severe disabilities who are unable to support themselves financially. It offers subsidies for the minimum cost of living as well as financial aid for other expenses associated with their disabilities. In 2011, the Act on the Promotion of Activities of Persons with Disabilities was enacted to provide mobility assistance service. With the Act, home-visit bathing or care services are also provided. In 2011, the Act on Welfare Support for Children with Disabilities was enacted as a legal framework for comprehensive support for children with disabilities. To enable children with disabilities to lead an independent life within their communities, a variety of support measures are provided by the Act, including support for their care and medical expenses. 35. With regard to promoting employment of persons with disabilities, the Government revised the Mandatory Hiring of Persons with Disabilities Program effective from 2010. The revised Program encourages employment of persons with severe disabilities by reflecting the number of persons with severe disabilities hired to equal the doubled number of persons with non-severe disabilities. The Government also clarified the definition and criteria of vocational disabilities, improved the vocational education and training system for the disabled, and developed employment assistance programs specific to various types of disabilities, which include identifying jobs and tasks strategically suitable for specific disabilities. For women with disabilities, the Government identified jobs appropriate for them, offered job-specific training opportunities, and increased the amount of benefit paid to businesses employing them. 38. No legislations specifically guarantee freedom of expression and freedom assembly of students, but they are not restricted by any law either. A number of local offices of education have formulated students’ rights ordinances, all of which stipulate that the freedom of expression of students shall be guaranteed. Some ordinances also ensure freedom of assembly as well. 56. Child abuse is a crime punishable by the Criminal Act and the Child Welfare Act. The latter prohibits physical abuse, sexual abuse, emotional abuse, neglect, abandonment, and trade of children as well as forcing children to beg for money on the street. There are 44 regional child protection agencies across the nation that receive reports of child abuse, look into the scene of allegations, and offer emergency protection. 57. As a part of the Government‟s efforts to integrate the perspective of children in criminal procedures, the Office of Prosecution developed a Plan for Improvement of Investigation Practices into Crimes against Children. The plan aims to ensure reliability of statements made by child victims, prevent the “secondary victimization” of child victims in the criminal process, and reflect child victims‟ statements and perspectives as much as possible. Prosecutors dedicated to child crimes oversee the entire process from preliminaryinvestigation to the execution of sentence and professional advice from child psychiatrists or clinical psychologists is sought. Starting from 2011, it has become mandatory to seek professional opinions on statements of victims in the case of sexual crimes against children aged less than 13. To the end, professionals trained by the Government have been staffed at nationwide comprehensive support centers for victims of sexual crimes. 58. The Act on the Protection of Children and Juveniles from Sexual Abuse was amended in September 2011 as described in Paragraph 16 of this report, and six training sessions from March to June 2012 were offered to attorneys designated as legal aides for children. The sessions aim to enhance their understanding of children in general, children with disabilities, and sufferings caused by sexual abuse. 59. As of June 2012, the Government is working on amending the Special Act on Punishment of Sexual Crimes and Others to provide victims of sexual crimes who are children or have disabilities with assistance from professional aides for making their statements in criminal proceedings. The professional aides refer to those who understand psychological and linguistic characteristics associated with children and the disabled. They participate in investigations or legal proceedings from an impartial standpoint to facilitate or assist communication and to ensure the full representation of the victims‟ statements without distortion. 60. The amendment to the Enforcement Decree of the Elementary and Secondary Education Act enacted in March 2011 allows schools to discipline students in accordance with their own independent guidelines, but prohibits the use of corporal punishment including the infliction of physical pain using tools or body parts. Schools are now required to collect feedback from students, parents, and teachers prior to the revision of their disciplinary guidelines. In addition to the amendment, the Green Mileage Program (program to evaluate satisfaction level of students) was introduced and more opportunities for counseling and therapy became available to students who show troubling behaviors. Efforts are also being made to strengthen character development of students, including greater support for extra-curricular activities and student‟s self-governing activities. 61. Excessive corporal punishment against children committed by parents or guardians at home may constitute as child abuse pursuant to the Child Welfare Act, or domestic violence subject to the Special Act on the Punishment Crimes of Domestic Violence and Others and the Act on the Prevention of Domestic Violence and Protection of Victim and Others. However, there are no separate regulations that specifically address corporal punishment against children by parents or guardians at home. 62. A majority of migrants in the Republic of Korea are migrant workers, marriage migrant women, and foreign nationals with Korean heritage, with the last category accounting for the largest share. As of 2012, there are roughly 1.4 million foreigners living in Korea. In December 2008, the Government formulated the first Framework Policy on Immigration (2008–2012) in order to execute national policies for migrants in a comprehensive manner. The first Framework lists major policy objectives, such as preventing human rights violation in the process of marriage immigration, offering support to marriage migrant women for stable integration, providing support and protection tomigrant women suffering domestic violence, and creating suitable living environments for children of migrants. With the first Framework to be completed this year, the Government is currently designing the second Framework (2013–2017), which will focus on providing expanded comprehensive services, including welfare, health care, counseling, childcare, education, employment, information, to facilitate social integration of marriage migrant women into the society and support education of their children. 63. In accordance with the Support for Multicultural Families Act that took effect in September 2008, the Government has implemented various policies to support inter-country marriage families, addressing their need for improved living standards and social integration. In 2009, it created the Joint Multicultural Family Policy Council, which is chaired by the Prime Minister and participated by public and private sectors, and formulated the 2010-12 Framework Policy for Multicultural Families. In 2011, it amended the Support for Multicultural Families Act to improve protection and support for victims of domestic violence, assistance for medical care and health services, and provision of information on living and education. 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. 70. Human rights education for prosecutors, police officers, correctional officers, and immigration officers has been increasingly reinforced. Human rights education sessions are incorporated into the orientation for newly-recruited government officials and in the mandatory job training courses in the course of their career. Their curriculum includes training instructors on human rights, producing documentaries and practical guides on human rights, and workshops to present on human rights practices at work. Furthermore, significant efforts have been made to improve human rights education in areas which require human rights sensitivity such as women, sexual abuse against children, and immigration raids. 75. Under the current criminal justice system, most sexual crimes, including any sexual crimes against children, juveniles under the age of 19, and persons with disabilities, are subject to investigation and prosecution. Only certain types of sexual crimes against adults, including rape and indecent assault, that do not accompany any physical injury, require complaints filed by the victims to be criminally investigated. Careful consideration of the protection of the victims‟ privacy shall be given to whether or not the requirement of filing complaints for sexual crimes against adults in order to be subject to criminal justice proceedings should be abolished. 1. The Republic of Korea was encouraged to consider signing and ratifying OP- ICESCR; and consider ratifying ICRMW, CPED, ILO Conventions Nos. 87 and 98, the Palermo Protocol and the 1993 Hague Convention on Protection of Children and Cooperation in respect of Inter-country Adoption. 2. The Committee on the Rights of the Child (CRC) recommended the withdrawal of reservations to articles 21, paragraph (a) and 40, paragraph 2 (b) (v). Committee on the Elimination of Discrimination against Women (CEDAW), while acknowledging consultations on the withdrawal of the reservation to article 16 (1) (g), expressed concern at the lack of a clear time frame to end those consultations and in consequence the withdrawal of the reservation. 6. In 2011, CRC urged the Republic of Korea to address its previous recommendations which had not yet been implemented, including establishing a subcommittee on children’s rights inside the NHRCK; comprehensively prohibiting corporal punishment; and reviewing its education policy regarding the high levels of stress to which it subjected children. 12. CRC was concerned at the multiple forms of discrimination that continued to persist, including those against children from multicultural or migrant backgrounds or who came from the Democratic People’s Republic of Korea; refugee children; children with disabilities; and single mothers, particularly those who are adolescent, including with regard to their preclusion from State support measures. 13. CRC was concerned that current legislation and practice are inadequate in providing for universal birth registration. Birth registrations can be undertaken by adoptive parents or persons holding public authority, resulting in the occurrence of de facto adoptions in the absence of proper judicial oversight, including in situations concerning single adolescent mothers. CRC was concerned that the lack of measures to prevent birth registration of children by third parties could result in these children being subject to sale. 14. UNHCR also pointed out that no safeguard against statelessness exists for children born in the country whose parents were both foreigners and unable to confer their nationality upon their children. CEDAW recommended that the State revise its legislation with a view to removing all discriminatory provisions relating to the requirements for acquiring nationality. CESCR recommended that foreign women married to Korean nationals be allowed to acquire residency status or naturalization without being dependent on their husbands. 17. CRC reiterated its previous recommendation to implement the recommendation by the NHRC that relevant legislation and regulations be amended to expressly prohibit corporal punishment, inter alia, in the home and institutions. CRC recommended the strengthening and widening of the legal obligation to report child abuse and neglect, including with regard to bullying at schools, by providing adequate mechanisms for such reporting and encouraged the State to cooperate with and seek technical assistance from the Special Representative of the Secretary-General on violence against children, relevant agencies and NGO partners. 19. Despite measures established to protect children from exploitation, CRC expressed concern about, inter alia, the increasing number of working children, insufficient legal provisions regulating irregular labour practices and the increasing numbers of children being employed as entertainers and sex objects. 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. 20. Notwithstanding the fact that legislation penalizes all forms of trafficking, CESCR and CRC were concerned that a large number of women and children continue to be trafficked from, through and within the country for the purposes of sexual exploitation and forced labour; and about the low rate of prosecution and conviction of traffickers. CEDAW urged the Republic of Korea to: take measures to enhance its current initial screening procedure of entertainment companies which recruit foreign women, and establish an effective in situ monitoring mechanism for establishments where women under an E-6 visa work permit, to ensure that they are not being subjected to exploitation of prostitution; take measures to ensure effective implementation of the Marriage Brokerage Control Act, in order to protect foreign women against exploitation and abuse; and review its prostitution policy and relevant legislation, with a view to decriminalizing women’s involvement in prostitution. 22. CRC was concerned at the continued increase in the rate of delinquency and high rate of juvenile crime. Rather than addressing the root causes for children in such situations, the Government primarily focuses on increasing punitive measures. CRC called upon the Republic of Korea to: provide adequate measures to effectively counter juvenile crime as well as the high recurrence rate; and bring the system of juvenile justice fully in line with the Convention. 23. CRC also urged the State to further develop child-friendly procedural rules and ensure that child victims are treated with greater respect for their privacy and dignity; andensure that all child victims and/or witnesses of crimes are provided with the protection required by the Convention. 24. CRC urged the Republic of Korea to undertake a further review of its system for inter-country adoptions with a view to reforming legislation in order to bring it into full conformity with the Convention and specifically to: define a clear mandate, with adequate resources for the Korea Central Adoption Resources agency; ensure that the child’s views are given due weight, and that the best interests of the child are the paramount consideration; make the consent of single adolescent mothers mandatory; implement measures to ensure that all adoptions, including inter-country adoptions, are subject to authorization by a clearly mandated central authority with adequate capacity to provide judicial oversight and regulation. 33. While the Special Rapporteur recognized the influential role of public school teachers in shaping the views and opinions of their students, he recommended that the Government guarantee their right to freedom of expression, to which they are entitled as individuals, particularly when it is exercised outside of their official duties and on matters of public interest, such as educational policies. 46. CEDAW was particularly concerned about the increasing suicide rates among women, which was the second cause of death among women in the Republic of Korea. CRC remained concerned that the overall state of child mental health had deteriorated and that the rate of depression and suicide among children had increased, especially among girls. CRC urged Republic of Korea to, inter alia, undertake research on suicide risk factors among children; undertake measures for the development of a child mental health-care policy, based on a thorough study of root causes of depression and suicide; and invest in services, with a view to ensuring the effective prevention of suicidal behaviour, especially among girls. CRC encouraged avoidance of the institutionalization of children in such situations. 47. CRC was concerned that the legislative prohibition on abortion, which provided for very narrowly defined exceptions, did not adequately take into account the best interests of pregnant adolescents and could give rise to situations which exacerbated the difficulties faced by them, including exposing them to the risks of unsafe illegal abortions and/or forced discontinuation of their studies and/or forced release of their children for adoption. 49. Despite efforts made, CRC was concerned at the highly competitive conditions prevalent in the education system. It was also concerned at the widespread enrolment of children in additional private tutoring which resulted in, inter alia, children being subject to serious and disproportionate stress, and the negative impact thereof on their health. Furthermore, it noted with concern the exacerbation of pre-existing socio-economic asymmetries arising from the financial cost of private tutoring and the fact that it hindered the adequate fulfilment of the rights of the child to leisure and cultural activities. 50. CESCR recommended that the Republic of Korea implement the decision by the Constitutional Court on the limitation of the operating hours of privately run cramming schools. The Republic of Korea had recognized that excessive expenditure on private education imposed great burdens on the household economy and had been the major cause of decline in quality of life for the middle class; CESCR therefore recommended the strengthening of the public education system and the provision of financial support to low income families to cover the associated costs of education. 51. Concern was expressed by CRC at the increasing severity and frequency of bullying, particularly against children of foreign origin, and the use of mobile telephones and the internet in carrying out such bullying. 52. CRC reiterated its previous recommendations and called upon the Republic of Korea to amend legislation, guidelines issued by the Ministry of Education and school regulations to facilitate children’s active participation in decision-making processes and in political activities both within and outside schools and ensure that all children fully enjoy their right to freedom of association and expression. 53. While welcoming measures taken, CRC was concerned that government assistance for children with disabilities was only provided to low-income households and did not cover physical therapy and vocational training. It was concerned about the difficulties children with disabilities, particularly females, faced in receiving education and that the majority received their education in special schools or classes segregated from children without disabilities. It urged more effective implementation of the Act for the Special Education of Persons with Disabilities. 57. CRC in 2011 urged Republic of Korea to refrain from the detention of children in a refugee, asylum-seeking or unaccompanied situation. CRC in 2008 also recommended that the Republic of Korea introduce a mechanism to allow for systematic identification at the earliest possible stage of refugee and asylum-seeking children entering the country who may have been recruited or used in hostilities abroad. 58. UNHCR also noted that, pursuant to a presidential decree of December 2010, free primary and secondary education (up to middle school) had been made available for all children, irrespective of the legal status of the parents. This included refugees, asylum- seekers, and humanitarian status holders. According to UNHCR, the decision to grant enrolment lay with the school principal and there were no clear criteria on admission requirements, which could lead to an arbitrary and discriminatory decision. UNHCR recommended that the Government ensure effective access to education for all children. 62. CRC noted that there was no comprehensive legislative framework regulating the prevention and mitigation of adverse human rights impacts of companies’ activities, either in Republic of Korea territory or abroad. It noted with concern the importation of products from countries which were under investigation by the ILO for reportedly using forced child labour, thus becoming complicit with a serious breach to child rights. CRC recommended, inter alia, that the Republic of Korea take measures to ensure that its companies cooperate with foreign Governments carrying out processes of free, prior and informed consent where projects affect indigenous peoples or impact assessments on human/child rights; and ensure that prior to the negotiation and conclusion of free trade agreements, human rights assessments including child rights are conducted and measures adopted to prevent violations. Summary of stakeholders' information 4. Changes to the family registration system in 2008 helped raise the status of women. However, according to article 781 of the Civil Law, a child’s surname generally follows that of the father. Based on this provision, the Government had not withdrawn its reservation to article 16 paragraph 1(g) of CEDAW. 8. According to the NHRCK, more efforts should be made to resolve issues of female workers, for the many in low-paid and non-regular positions. Employment protection for women during pregnancy and after childbirth is required. 10. Support for Multicultural Families Act 2008 was not sufficient to protect the rights of, inter alia, single and divorced migrant women. Government should formulate policies on the prevention of discrimination against migrant women workers, violence againstmigrant women, the promotion of maternity protection, and guarantee the right to education and health of the child. 16. Solutions for child mistreatment, including neglect or psychological abuse are needed. Measures should be taken to improve the reporting rate of child abuse. 26. JS3 recommended ratification of the Palermo Protocol and Korean Family Preservation Network (KFPN) recommended setting a target date to ratify the Hague Convention on Intercountry Adoption. UPR Child Rights Network (CRN-K) recommended that the Government hold a discussion with relevant stakeholders and civil society on the reservation to article 21 (a) of the CRC and withdraw it by the country’s next UPR. 30. JS3 referred to the lack of independence of the Korean Monitoring Center for Children‟s Rights to monitor CRC‟s implementation. CRN-K recommended that the Government define the legal status for an independent child rights monitoring body, whileICJ recommended the prompt establishment of a specialized and independent children’s rights division within the NHRC. 36. 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. 37. KFPN observed that children faced discrimination when their mothers are unmarried and recommended that births should be registered done in a way that does not permanently stigmatize them. 38. JS1 identified children of undocumented migrant workers and children with disabilities as the most vulnerable groups of children due to discrimination. Korean Bar Association (KBA) and CRN-K expressed concern about the rights of children of undocumented migrant workers, with JS5 estimating that the access of these 17,000 children to medical services was only partially protected. CRN-K and JS5 recommended enactment of the Migrant Children Rights Protection Act, as suggested in 2010. JS1 recommended amendment of the Medical Care Assistance Act. 40. COLCGS reported that domestic violence continued to be considered a private family matter. The Government should initiate a public awareness campaign on the issue utilising various media. JS5 observed that personal information of victims of sexual violence, domestic violence, and sex trafficking residing in shelters was collected and compiled online, possibly putting victims in danger by exposing their whereabouts. The Government should amend the Social Service Act that requires the uploading of such personal information. 46. Global Initiative to End All Corporal Punishment of Children (GIEACPC) stated that corporal punishment is lawful in the home and alternative care settings. JS1 recommended awareness-raising campaigns directed at teachers and parents to fully eradicate the practice of corporal punishments in schools and at home. 47. KBA reported that as of 2010, 65.8% of children and adolescents had been victims of child abuse including mental abuse by their parents, and 16.7% of households had been affected by domestic violence between wife and husband. In 59.3% of the cases in which a victim reported the domestic violence to the police, the police failed to take action. COLCGS recommended that the police are given powers to prosecute a perpetrator of domestic violence independent of the victim. 48. Regarding the criminalization of child abuse, CRN-K reported that in cases where the perpetrators are family members, the crime falls under the Child Welfare Law, not under the Criminal Code under which punishment is more severe. 50. According to JS1, the prostitution of minors was not diminishing. JS3 stated that several laws addressed child prostitution and recommended that their provisions be reviewed and harmonized so that consistent sentences can be applied to child sex offenders. JS5 recommended enactment of a comprehensive definition of human trafficking in line with the Palermo Protocol. 55. According to KFPN, a high rate of adoption distinguishes the Republic of Korea. KFPN alleged that about 85% to 90% of reported domestic and international adoptees and all those “secretly” adopted domestically had been children of unwed mothers. JS5 indicated that non-recording of adoption left open the possibility of child-selling. KFPN referred to reports that there were about 20,000 children living in 280 institutions in Korea, 80% of whose parents were divorced. The adoption of those children was allegedly facilitated by a law passed in December 2011, and effective in 2013, which allowed for the automatic termination of parental rights of those who had not parented their children for three years. 56. According to KFPN, failures to regulate abuses in adoption processes and to protect social and economic rights were key push-factors in the high rates of adoption. Financial incentives for institutionalization should be removed. JS5 recommended that the Government work in partnership with civil society, especially in deciding how the Korea Central Adoption Resources Agency should be organized and operated. 79. JS1 recommended the adoption of all possible measures to reduce computer games addiction and its serious consequences on children‟s behaviour. 80. JS1 remained concerned about the high rate of teenage pregnancies, which had increased by 5% compared to 2009, the lack of adequate social assistance for pregnant girls and the practice of soliciting pregnant girls to drop out of school. 81. According to CRN-K, the Government persisted in ignoring the freedom of expression and assembly of students. A Student Rights Ordinance addressed some of thoseshortcomings. However, revisions of the Enforcement Decree of the Elementary and Secondary Education Act resulted in its invalidation. The Government should revise the Act by 2013 to guarantee children‟s participation in decision-making processes. 82. JS5 stated that university tuition fees in the country were the second highest in the world. Even though tuition fees were unaffordable, the college entrance rate was the highest in the world (83%) because of the very high wage gap. CRN-K was concerned about the consistent growth and widespread use of private tutoring and education. 83. JS1 reported that the suicide rate among youth in the country was one of the highest in the world. Causes allegedly included: excessive pressure for school performance and consequent depression when school report cards did not meet those expectations; social exclusion and bullying in schools. 84. JS1 remained deeply concerned about the situation of children with disabilities. More than half of the schools with children with disabilities often had overcrowded classes, a shortage of qualified teachers and lack of appropriate facilities and support. 88. ICJ reported on the business sector‟s impact particularly on children‟s rights, including the alleged importation of products made with forced child labour and the effect on local populations of the acquisition of large portions of land in various countries to meet the Republic of Korea‟s food security concerns. KHIS reported on alleged human rights violations by several Korean companies abroad and referred to the need for urgent reform of the Korean extractive industry. Regarding other alleged human rights violations, APIL recommended that the Government, inter alia, investigate human rights violations as well as labour abuses occurring in Korean fishing vessels and take every measure to remedy the damages. 89. APIL alleged that the NHRC has been passive in dealing with issues related to Korean companies‟ human rights abuse overseas and KHIS reported on the severe performance problems of the National Contact Point. ICJ recommended that the Republic of Korea provide a legislative framework that requires domiciled companies to adopt measures to prevent and mitigate adverse human rights impacts in their operations. Specific assessments on business‟ impacts on child rights should be required. Accepted and Rejected Recommendations - To follow The following recommendations were accepted: A - 124.8. Sign and ratify the UNESCO Convention on Discrimination in Education (Iraq); A - 124.9. Adhere to the Hague Convention on Protection of Children and Co- operation in respect of Intercountry Adoption (France); Ratify the Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption (Honduras); Accede to the Hague Convention on the Protection of Children and Co-operation in Respect of Intercountry Adoption (Ireland); A - 124.11. Withdraw its reservations on Article 21 (a) of the Convention on the Rights of the Child (Germany); Lift its reservation to article 21 (a) of the CRC (Ireland); A - 124.17. Take necessary actions to define the legal status for an independent child rights monitoring body and increase its efforts for human rights training relevant to child abuse and domestic violence cases (Iran (Islamic Republic of)); A - 124.18. Consider establishing a child rights sub-commission within the Korean National Human Rights Commission (Palestine); A - 124.19. Continue giving priority and allocating adequate resources for the implementation of the national strategies for the protection and promotion of the rights of children (Malaysia); Take measures and establish appropriate mechanisms to enable the development of legislation and promotion of policies for the protection of children in all areas (Oman); Continue to further its efforts to guarantee the rights of the child (Japan); Take legal measures to provide appropriate facilities and support for children, particularly children with disabilities as the most vulnerable group of children(Iran (Islamic Republic of)); A - 124.20. Take measures to ensure the full harmonization of the provisions of the Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict (South Africa); A - 124.28. Combat discrimination against single mothers and their children (Brazil); Conduct national awareness campaigns to eradicate the discrimination against single mothers, in law and in practice (Mexico); A - 124.32. Continue to adopt appropriate policies and laws to counter discrimination of women migrant workers and ensure that their children can enjoy rights to education and health (Sudan); Take further legislative measures to formulate policies on the prevention of discrimination and violence against migrant women and child workers and also guarantee their right to education and health (Iran (Islamic Republic of)); A - 124.38. Consider establishing the total prohibition of corporal punishment (Palestine); Carry out public awareness campaigns on the negative consequences of the ill-treatment of children to promote positive and non- violent forms of discipline in schools and at home as alternative measures to these punishments (Uruguay); Expressly prohibit corporal punishment in all settings (Hungary); A - 124.40. Take all procedures to prevent all forms of violence against children and women (Iraq); Continue strengthening its capacity and its efforts to combat violence against children (Kyrgyzstan); Strengthen measures to combat violence against children (Senegal); A - 124.41. Take appropriate measures to prevent sexual violence against children and make more efforts to effectively prosecute the sexual exploitation of children (Botswana); Tighten the criminal responsibility for the crimes related to the sexualexploitation of children (Belarus); A - 124.42. Step up its efforts to address the issue of trafficking of women and children (Malaysia); Strengthen the cooperation both at national and international levels in fighting against human trafficking equally for the purposes of sexual exploitation and forced labour (Republic of Moldova); A - 124.43. Consider stepping up its efforts towards ratification of the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, Supplementing the United Nations Convention against Transnational Organized Crime (Palermo Protocol) (Philippines); Ratify the Palermo Protocol (Brazil); Ratify the Palermo Protocol (The Netherlands); Ratify the Palermo Protocol (United Kingdom of Great Britain and Northern Ireland); Take comprehensive measures in combatting trafficking in persons including by the accession to the Palermo Protocol and by extending an invitation to the Special Rapporteur on trafficking in persons, especially women and children (Belarus); Take more proactive measures to identify and look after victims of human sex trafficking, especially by ratifying the Palermo Protocol (Belgium); A - 124.45. Adopt child friendly procedural rules in the justice system (Hungary); A - 124.47. Continue the review of its international adoption system with a view to reform relevant legislation, and to bring it fully in line with the CRC; make the consent of teenage single mothers in the process mandatory; and adopt measures for all adoptions to be subject to the approval of a central authority with a clear mandate and responsibilities for the judicial supervision and the regulation (Honduras); Establish a national adoption centre and an obligation to register right after birth (Germany); A - 124.63. Take appropriate measures to reconcile growing tuition fees with the level of education (Iran (Islamic Republic of)); A - 124.66. Take measures to ensure that the children of undocumented migrants are provided with access to medical services (Ireland); The following recommendations are pending or no clear decision was taken: NC - 124.4. Consider an early ratification of the third Optional Protocol to the Convention on the Rights of the Child on a communications procedure (OP- CRC-IC) (Slovakia); NC - 124.10. Consider withdrawing the remaining reservations to international human rights instruments to which it is a party (namely to the CRC, ICCPR, OP-CRC-SC, CEDAW) (Slovenia); NC - Establish a governmental authority to support and advise single mothers and their children (Germany); NC - 124.29. Improve the registration of children with a view to ensuring that the statelessness of children is prevented (South Africa); Revise the single parent family support law and introduce legislation to ensure that all children are automatically and legally registered immediately after birth, regardless of parents’ legal status and origin (Norway); Facilitate the implementation of a birth registration system to allow immediate registration at birth, independently of the status or nationality of parents (France); Provide for a full system of universal birth registration including immediate registration upon birth regardless of the parent’s nationality or status in the country (Ireland); Consider the possibility to introduce a system of automatic registration of children born in the country, regardless of the parents’ nationality or status (Italy); 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 (Mexico); Enact measures regarding the civil registration of children at birth in order to fight the possible traffic in human beings (Romania); Carry out a legislative review so as to ensure an automatic and legal registration at birth, while guaranteeing the protection of personal data and especially the right to access such data (Switzerland); Review its birth registration system to safeguard the human rights of unwed mothers and children by (i) ensuring immediate birth registration is available to all children regardless of the parents legal status; (ii) ensuring that the birth registration accurately indicates the biological parent(s) of the child; and (iii) taking steps to prevent birth registration of children by third parties, such as adoptive parents, that could result in the occurrence of de facto adoptions in the absence of proper judicial oversight, which could also put children at risk of being trafficked (Canada); No recommendations were rejected.
Thursday 25th October 2012 – 2.30 p.m. – 6.00 p.m
Compilation of UN information
Summary of Stakeholder information
Accepted and Rejected Recommendations