{"id":260,"date":"2010-12-02T11:35:57","date_gmt":"2010-12-02T11:35:57","guid":{"rendered":"http:\/\/minbyun.org\/english\/?p=260"},"modified":"2010-12-02T11:35:57","modified_gmt":"2010-12-02T11:35:57","slug":"submission-by-the-nhrck-on-torture-privacy-womens-rights-discrimination-in-the-workplace-disability-rights-etc","status":"publish","type":"post","link":"https:\/\/www.minbyun.or.kr\/?p=260","title":{"rendered":"Submission by the NHRCK on torture, privacy, women&#039;s rights, discrimination in the workplace, disability rights, etc."},"content":{"rendered":"<p><strong>Introduction<br \/>\n<\/strong>1. The National Human Rights Commission of the Republic of Korea (hereinafter NHRCK) hereby<br \/>\nsubmits information on human rights situations in the Republic of Korea (hereinafter ROK), in<br \/>\nparticular, for the 4 years from 2004 to 2007, taking note of the UN HRC Resolution 5\/1, 15(a). The<br \/>\nNHRCK is an A-accredited national human rights institution, as it was established in 2001 in<br \/>\naccordance with the Paris Principles.<br \/>\n2. During the course of writing this document, the NHRCK consulted with various civil groups.<br \/>\nHowever, the opinion of this document is solely that of the NHRCK.<br \/>\n<strong>\u00a0<\/strong><\/p>\n<p><strong>Preparation for the UPR<br \/>\n<\/strong>3. It is hard for the NHRCK to assess to what extent the government will consult and listen to<br \/>\nstakeholders, including NGOs, during the preparation of the state report. In consideration of past<br \/>\nexperiences with regard to the state party reporting and examination process under the international<br \/>\nhuman rights instruments, the government needs to find a more effective means to consult and<br \/>\ncooperate with stakeholders.<br \/>\n<strong>\u00a0<\/strong><\/p>\n<p><strong>National Frameworks for Human Rights<br \/>\n<\/strong>4. The Constitution includes the Bill of Rights as well as various human rights protection<br \/>\nmechanisms. In May 2007, the government set up the National Action Plans for the Promotion and<br \/>\nProtection of Human Rights (NAP) as recommended by the NHRCK in 2005 and made it public.<br \/>\nThough being the first plan for national human rights policy, the NAP failed to include important<br \/>\nissues recommended by the NHRCK (See Annex). It is too soon to tell to what extent and how the<br \/>\nNAP is being implemented.<br \/>\n5. Under the Constitution, the international human rights instruments acceded and ratified by the<br \/>\ngovernment have the same legal effect as the domestic legislation. However, international human<br \/>\nrights law is still not widely known to the public, and the Executive, Legislative and Judicial<br \/>\nbranches do not possess an in-depth understanding of their legal obligations to implement<br \/>\ninternational human rights law. Recently the Judicial and the Legislative branches have begun to<br \/>\nrefer to international human rights law.<br \/>\n<strong>Cooperation with the International Human Rights Mechanisms<br \/>\n<\/strong>6. As of late 2007, the Korean government is a State Party to ICESCR, ICCPR, ICERD, CEDAW,<br \/>\nCAT and CRC, under which the government is implementing quite well the obligation of submitting<br \/>\nreports. The government listens to the NHRCK while drafting its reports.<br \/>\n<strong><\/strong><\/p>\n<p><strong>Improvements in Major Human Rights Issues<br \/>\n<\/strong>7. Over the previous four years, the overall human rights situation has improved greatly, in particular,<br \/>\nwith regard to civil and political rights. Discrimination is now recognized as an important human<br \/>\nrights issue in society. While socially marginalized people and minority groups attract more attention,<br \/>\na widening socio-economic gap between the rich and the poor has diminished the enjoyment of social,<br \/>\neconomic, cultural, and other rights.<br \/>\n8. Torture against persons in detention by investigative agencies and other national bodies has<br \/>\nremarkably reduced over the past four years. After 2003, the Social Protection Law that was accused<br \/>\nof sentencing double-punishment was abolished, the Criminal Procedure Law was improved<br \/>\nincluding a stronger system of habeas corpus, and alternative military service programs for<br \/>\nconscientious objectors started to be considered on a long term basis. On the other hand, there is<br \/>\nroom for improvements: the National Security Law was not abolished in spite of the UN human<br \/>\nrights bodies\u2019 recommendations; the death penalty was not abolished even though it has not been<br \/>\nexecuted for more than 10 years. Also, assemblies related to political issues were banned in advance<br \/>\nfor fear of traffic disruption and probable violence, which requires change as well.<br \/>\n9. Instances of torture in detention facilities including prisons are reported to be decreased greatly;<br \/>\nhowever human rights in protective facilities for the mentally-ill, the disabled, the older and children<br \/>\nneed to be urgently improved. Human rights violations, in particular, in unregistered facilities are<br \/>\nreported to be serious; therefore, effective supervisory measures are needed. Additionally, policies<br \/>\nfor smaller and more personal facilities and the inclusions of said people in their communities are<br \/>\nneeded.<br \/>\n10. With the development of information technology, there is a growing risk of privacy invasion,<br \/>\nfrom CCTV surveillance and eavesdropping to abuse of personal database and bio-recognition<br \/>\ntechnology. Another problem is digital divide &#8211; the inevitable emergence of a group of people who do<br \/>\nnot have access to information technology and therefore cannot enjoy the benefits from it. In this<br \/>\nregard, efforts should be made to protect the rights to privacy from excessive collection and misuse<br \/>\nof personal data and to guarantee the accessibility to information for all individuals.<br \/>\n11. Similarly, development of biotechnology presents such serious challenges as ethical issues raised<br \/>\nby the new technology and rights of the people who are objects to the experiments, to name a few.<br \/>\nEspecially upon collecting human eggs, the right to life and women\u2019s rights to health should be<br \/>\nguaranteed by relevant legislation which needs to be established and strictly observed.<br \/>\n12. The understanding that the government should guarantee and fulfill individuals\u2019 economic, social<br \/>\nand cultural rights needs to be strengthened. For the past four years, governmental policies to<br \/>\nguarantee social rights have improved. However, considering a wider gap between the rich and the<br \/>\npoor, increasing job insecurity, and unemployment, individuals\u2019 social rights need to be more<br \/>\nprotected.<br \/>\n13. Non-regular workers are seriously suffering from discrimination in employment and do not enjoy<br \/>\nlabor rights. In particular, they suffer from job insecurity and low income, and discrimination against<br \/>\nnon-regular workers are especially compounded by discrimination against women. Thus the<br \/>\nfeminization of poverty is a serious concern. In July 2007, the Act on Protection for Non-regular<br \/>\nWorkers became effective. However, there are few positive outlooks among laborers and academics<br \/>\non whether or not the Act will achieve its aims of job security and counter-discrimination. When the<br \/>\nlaw became effective, some employers started to fire non-regular workers or deny renewal of their<br \/>\nemployment contracts to avoid the possibility of making non-regular workers regular ones under the<br \/>\nlaw. This brought about even more insecurity in the employment market.<br \/>\n14. Combined with the lack of a social safety net and the weakness of the current social welfare<br \/>\nsystem, economic divide and expansion of the poor are becoming more serious, which contributed to<br \/>\nthe tendency of poverty passing on from generation to generation. The government should provide<br \/>\nmeasures to guarantee the right to health by strengthening the social welfare system, guaranteeing<br \/>\nrights to shelter, and expanding medical assistance for the poor so that all individuals in the country<br \/>\ncan enjoy adequate standards of living.<br \/>\n15. For the past four years, middle school education has become compulsory in addition to<br \/>\nelementary school education, but parents still need to pay for some portion of the education. Thus<br \/>\nprimary education is not entirely free. In that sense, measures should be taken to guarantee the right<br \/>\nto education for students from low-income families. Also for children outside of the regular<br \/>\neducation system to get alternative or vocational education, various opportunities should be provided.<br \/>\n16. Currently, the public health insurance program is being provided to all individuals, and the range<br \/>\nof coverage is improving. However, the portion that individuals pay needs to be reduced and<br \/>\ninsurance coverage requires to be further widened, partly because economic burdens on patients with<br \/>\nincurable diseases and long-term care needs are ever increasing.<br \/>\n17. CEDAW has largely contributed to improvements of women\u2019s rights in the ROK. It influenced<br \/>\nthe process of revising the family law, which led to the most important achievement in the four years:<br \/>\nthe abolishment of the male-only family head system or hojuje. Still, there remain many problems; a<br \/>\nwide salary gap between men and women, the low ratio of women in high ranking positions, violence<br \/>\nagainst women, sexual harassment and stereotypes on gender roles including the conception that<br \/>\nwomen should be the primary child caregivers. With that, the government should proactively<br \/>\nimplement policies to change stereotypes of women and intensify the punishment of perpetrators of<br \/>\nviolence against women.<br \/>\n18. There is a growing recognition on the importance of the rights of children, yet still corporal<br \/>\npunishment against children is a particularly serious issue. Corporal punishment at home and school,<br \/>\nbullying at school, excessive focus only on college entrance tests, and the resulting excessive amount<br \/>\nof study have been major stumbling blocks to the rights of children.<br \/>\n19. Recently, rights of persons with disabilities have become a major social concern. The government<br \/>\nintroduced improved polices including self-reliance of persons with disabilities, compulsory<br \/>\nemployment and better accessibility, and established the Act on Discrimination against Persons with<br \/>\nDisabilities in 2007. The government signed the Convention on the Rights of Persons with<br \/>\nDisabilities but did not ratify it yet. However, given the fact that the rights of persons with disabilities<br \/>\nhave not received their due attention, the government needs to take more seriously the rights of<br \/>\npersons with disabilities during its decision-making process regarding resource inputs and policy<br \/>\npriorities.<br \/>\n20. With the increase of migrants including internationally married migrant women and migrant<br \/>\nworkers over the past four years, the government has developed new policies and revised legislations<br \/>\nin this area. Examples are the provision of assistance for international marriage immigrants and of<br \/>\nemployment, medical and industrial accident insurances for migrant workers. However, for<br \/>\nunregistered migrant workers their human rights are violated or the education rights of their children<br \/>\nare not guaranteed. Discriminations that migrants are facing in their daily lives are serious and the<br \/>\nnature of such discriminations is linked with racism. To tackle discriminations against migrants, the<br \/>\ngovernment should enhance social awareness, and at the same time, should revise legislation and<br \/>\npolicies for better protection of their basic rights. Also the refugee recognition procedures should be<br \/>\nimproved in line with the international refugee law.<br \/>\n21. As the ROK\u2019s population percentage of elderly people is one of the fastest growing in the world,<br \/>\nthe protection of the rights of elderly people with regard to social alienation, underemployment and<br \/>\npoverty, and medical care have emerged as new challenges.<\/p>\n<p><strong><\/strong><\/p>\n<p><strong>Recommendations and Suggestions<br \/>\n<\/strong>22. Despite the relatively abundant available resources and capacity of the ROK, there is a lack in the<br \/>\ngovernment\u2019s contribution to improvements in the international human rights situation. The<br \/>\ngovernment should develop projects for capacity building and technical assistance, cooperating with<br \/>\nthe NHRCK and civil society, as it has voluntarily pledged upon its election to the Human Rights<br \/>\nCouncil. The government also should consider how to incorporate human rights perspective in its<br \/>\nofficial development assistance.<br \/>\n23. The ROK has obligations to implement the international human rights instruments to which it is<br \/>\nparty. For national implementation, the Executive, Legislative and Judicial branches should all take<br \/>\npart in. For this purpose, the government should develop national mechanisms for the Legislative and<br \/>\nJudicial branches to participate in the implementation of international instruments, and at the same<br \/>\ntime it should find effective ways to proliferate the instruments.<br \/>\n24. Human rights education should be provided to personnel in law enforcement including judges,<br \/>\nprosecutors, public officials and social welfare workers. In addition, human rights education<br \/>\nprograms should be included and strengthened at all levels, types and channels of education in a<br \/>\ncomprehensive way. To do this, laws on human rights education should be passed and the<br \/>\ngovernment should identify ways to expand human rights education.<br \/>\n25. The ROK should abolish the National Security Law and death penalty and introduce policies for<br \/>\nconscientious objectors in a prompt manner as the UN human rights bodies recommended. Also it<br \/>\nshould ratify the OPCAT and the Convention on the Rights of Persons with Disabilities.<br \/>\n26. The government should take diplomatic efforts and measures across ministries to make sure that<br \/>\nNorth Korean defectors overseas be protected from refoulement and enjoy humane treatment. It also<br \/>\nshould take humanitarian efforts to improve the quality of living and the rights of North Koreans.<br \/>\nAnnex: Examples of Policies not Included in the National Action Plans for the Protection<br \/>\nand Promotion of Human Rights<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Introduction 1. The National Human Rights Commission of the Republic of Korea (hereinafter NHRCK) hereby submits information on human rights situations in the Republic of Korea (hereinafter ROK), in particular, [&hellip;]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[2153,2186],"tags":[],"class_list":["post-260","post","type-post","status-publish","format-standard","hentry","category-other-ngo-voices","category-government-statements"],"yoast_head":"<!-- This site is optimized with the Yoast SEO plugin v28.6 - https:\/\/yoast.com\/product\/yoast-seo-wordpress\/ -->\n<title>Submission by the NHRCK on torture, privacy, women&#039;s rights, discrimination in the workplace, disability rights, etc. - \ubbfc\uc8fc\uc0ac\ud68c\ub97c \uc704\ud55c \ubcc0\ud638\uc0ac\ubaa8\uc784<\/title>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/www.minbyun.or.kr\/?p=260\" \/>\n<meta property=\"og:locale\" content=\"ko_KR\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"Submission by the NHRCK on torture, privacy, women&#039;s rights, discrimination in the workplace, disability rights, etc. - \ubbfc\uc8fc\uc0ac\ud68c\ub97c \uc704\ud55c \ubcc0\ud638\uc0ac\ubaa8\uc784\" \/>\n<meta property=\"og:description\" content=\"Introduction 1. 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The National Human Rights Commission of the Republic of Korea (hereinafter NHRCK) hereby submits information on human rights situations in the Republic of Korea (hereinafter ROK), in particular, [&hellip;]","og_url":"https:\/\/www.minbyun.or.kr\/?p=260","og_site_name":"\ubbfc\uc8fc\uc0ac\ud68c\ub97c \uc704\ud55c \ubcc0\ud638\uc0ac\ubaa8\uc784","article_published_time":"2010-12-02T11:35:57+00:00","author":"minbyun2024","twitter_card":"summary_large_image","twitter_misc":{"\uae00\uc4f4\uc774":"minbyun2024","\uc608\uc0c1 \ub418\ub294 \ud310\ub3c5 \uc2dc\uac04":"10\ubd84"},"schema":{"@context":"https:\/\/schema.org","@graph":[{"@type":"Article","@id":"https:\/\/www.minbyun.or.kr\/?p=260#article","isPartOf":{"@id":"https:\/\/www.minbyun.or.kr\/?p=260"},"author":{"name":"minbyun2024","@id":"https:\/\/www.minbyun.or.kr\/#\/schema\/person\/3a884842e3e595d95b85df9b77707b9b"},"headline":"Submission by the NHRCK on torture, privacy, women&#039;s rights, discrimination in the workplace, disability rights, etc.","datePublished":"2010-12-02T11:35:57+00:00","mainEntityOfPage":{"@id":"https:\/\/www.minbyun.or.kr\/?p=260"},"wordCount":1950,"commentCount":0,"publisher":{"@id":"https:\/\/www.minbyun.or.kr\/#organization"},"articleSection":["2. 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