A/HRC/22/57
labour-inducing injection or natural delivery, as well as infanticide of children of
repatriated mothers, including in police detention centres and labour-training camps.”87
68.
In its 2006 and 2007 resolutions, the General Assembly expressed serious concerns
at the “continuing violation of the human rights and fundamental freedoms of women, in
particular the trafficking of women for the purpose of prostitution or forced marriage,
forced abortions, and infanticide of children of repatriated mothers, including in police
detention centres and camps.”88
69.
Both CEDAW and the Special Rapporteur highlighted the impact that discrimination
has on the issue of violence against women.89 Both domestic and institutional violence,
particularly in prisons and other closed institutions, is widespread in the Democratic
People‟s Republic of Korea. This affects in particular women who do not belong to the
ruling elite and who are marginalized by the cloistered political system. As the Special
Rapporteur stressed, the Penal Code, amended in 2004, contains certain provisions that deal
with sexual violence. However, what is lacking in the Democratic People‟s Republic of
Korea is specific legislation to deal with all forms of violence against women and
accompanying prevention and protection measures for victims. 90
70.
The Special Rapporteur has further added that there are prevailing cultural
assumptions in the Democratic People‟s Republic of Korea that women are dependent on
men, and it is expected that women will be obedient and passive. As a result, women are
more directly exposed to various types of cultural practices in the family that result in
violence towards them. There is also a perception that domestic violence is not a crime
and that the State should not intervene in such private family matters. Even when a
witness or a victim of domestic violence presents a case of violence to the police,
reportedly, it is often not acted upon.91 The Special Rapporteur also reflects concerns about
reports of public security agents and patrols physically assaulting women in marketplaces;
but since these agents are Government personnel, victims are not in a position to
appropriately report their abuses. In the absence of a proper complaint and accountability
mechanism, women continue to be exposed to acts of violence which they have little choice
but to endure.92
71.
The Secretary General, the Special Rapporteur, and the Committee on the Rights of
the Child (CRC) noted that the principle of non-discrimination is not fully respected in
practice, vis-à-vis children with disabilities, children living in institutions, and children who
are in conflict with the law. Moreover, it has been highlighted that children also face
discrimination on the basis of political or other opinion, social origin or other status, either
of themselves or because of their parents. 93 The General Assembly in its 2011 and 2012
resolutions addressed the specific vulnerability of children, in particular the continued
lack of access to basic economic, social and cultural rights. These resolutions point to the
particular vulnerability of repatriated children, street children, children with disabilities,
children whose parents are detained, children living in detention or in institutions or in
87
88
89
90
91
92
93
E/CN.4/RES/2005/11
A/RES/60/173, paras 1(b) (i), 1 (b) (iv); A/RES/61/174, paras 1(b) (i), 1 (b) (iv), 1(b) (vii)
A/60/306; E/CN.4/2006/35; A/61/349; A/HRC/7/20; A/HRC/10/18, A/66/322
A/66/322, paras 52-59
A/66/322, paras 52-59
A/66/322, paras 52-59
A/64/319; CRC/C/PRK/CO/4, para 19; E/CN.4/2006/35, para 29. See also A/RES/64/175 and CRC
documents at http://www2.ohchr.org/english/bodies/crc/crcs50.htm
25
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