A/HRC/8/40 Page 8 Republic recommended that the Republic of Korea further strengthen measures against torture and ill treatment, including accession to the Optional Protocol to CAT in the near future, and that it establish an effective national preventive mechanism. It enquired about legislative provisions criminalizing domestic violence and on instruments available to victims of such violence. It welcomed the recent draft anti-discrimination bill, and recommended that discrimination on the basis of sexual orientation be also included in the draft. 22. The Netherlands commended the Republic of Korea on its recently enacted antidiscrimination legislation and expressed hope that it will ensure equal treatment for vulnerable groups in society, such as women, children, gays and lesbians, disabled people and refugees. The Netherlands also acknowledged the adoption of legislation increasing penalties for domestic violence and asked whether similar legislation can be expected to combat sexual harassment in the workplace. The Netherlands finally recommended passing the special bill to abolish the death penalty into law in the new National Assembly that starts its term on 1 June 2008. 23. Malaysia noted the Government’s projections according to which the Republic of Korea will have the highest ratio of population aged 65 or over around the year 2050, and welcomed its commitment to address this issue. Malaysia asked how, in addition to providing a social safety net to the elderly, the Government is addressing the concern expressed by CESCR in 2001 in relation to the hardship caused by family breakdown. 24. Azerbaijan welcomed the intention of the Republic of Korea to withdraw its reservations to Convention on the Elimination of All Forms of Discrimination against Women and ICCPR. It asked how non-discrimination is guaranteed, a concern also raised by the Committee on the Rights of the Child, given that the Constitution does not explicitly prohibit discrimination on specific grounds. Azerbaijan also wanted to know when and how the Government intends to modify the revised Code of Criminal Procedure to address the concern of the Human Rights Committee that persons detained do not enjoy an automatic right to be promptly brought before a judge to have the legitimacy of their detention determined. 25. China stated that the national report mentions one challenge relating to the marginalization suffered by some vulnerable groups due to economic and social reforms, and enquired about the effectiveness of the measures taken in this regard and the adoption of other measures, if any, to build the capacities of the vulnerable groups. 26. In response to concerns raised by various delegations on the issue of migrant workers, the delegation stated that the Government has set up various legal and systematic frameworks to abolish discrimination against foreign workers, in particular through the Act on Foreign Workers’ Employment. The delegation referred to remedies for non-payment of retirement pensions and facilitation of entry and re-entry procedures. The Labour Relations Commissions operating within the Ministry of Labour receives such grievances. Various efforts have also been undertaken to provide vocational programme before the return of migrant workers to their countries. 27. On the question of the abolition of the death penalty, the Republic of Korea informed that an inter-ministerial consultation had been held to discuss the draft resolution tabled last November at the General Assembly on the moratorium to death penalty. However, this issue requires a consensus at the national level, and this will take time. On the application of the National Security Law, an issue raised by the international community, the Government of Korea reemphasized its caution and its vigilance to refrain from the arbitrary use and implementation of this law.