A/HRC/22/10
49.
Ireland noted the absence of a universal birth registration system in the Republic of
Korea, which may give rise to children being secretly adopted between their birth and
registration. It noted the results of a 2010 survey, which estimated that there might be as
many as 17,000 undocumented migrant children who were unable to gain access to medical
care and other services. Ireland made recommendations.
50.
Italy acknowledged efforts to protect human rights. It commended the de facto death
penalty moratorium. It raised concerns over reports of an inadequate universal birth
registration system, and of serious domestic violence problems. It noted measures to raise
awareness of the criminal nature of domestic violence and to prohibit corporal punishment
in schools, and requested further information. It made recommendations.
51.
Japan welcomed the amendment of the Child Welfare Act, the introduction of legal
provisions to prohibit corporal punishment in schools and amendments to the Act on the
Protection of Children and Juveniles from Sexual Abuse. Japan pointed out gaps in
guaranteeing children’s rights, including issues relating to trafficking in children and
violence against and sexual exploitation of children. Japan made recommendations.
52.
Responding to questions raised, the delegation stated that the need to establish
regulations in the Criminal Act regarding the definition of torture as stipulated by the
Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment, other than those already provided for in established laws, would be carefully
considered. The Government was currently reviewing national laws and systems for
possible discrepancies between OP-CAT and national laws. With the NHRC already
carrying out inspections of detention and protection facilities, the prevention effect that was
intended in OP-CAT had already been achieved to a significant extent.
53.
The second National Plan of Action for the Protection and Promotion of Human
Rights included the task of preparing for the enactment of a general anti-discrimination act.
The Government would fully consider including in it grounds for discrimination, such as
sexual orientation, and indirect discrimination.
54.
Given the military confrontation in the Korean Peninsula, the importance of national
security had been emphasized. The revision or abolition of the National Security Act would
require public consensus. The Government was strictly interpreting and applying the law to
prevent the National Security Act from being abused or arbitrarily interpreted. Article 7 of
the Act did not apply to those who simply praised or supported the claims of an antigovernment organization. Therefore, the law could not be seen as violating the
fundamentals of academic freedom or freedom of expression. The average number of
persons detained for violating the National Security Act each year in the last five years
remained steady at about 20.
55.
Regarding birth registration and adoption, the law had been changed in 2008 so that
an adopted child would enjoy the same rights and status as a biological child, and the
problems in the past of registering a birth rather than an adoption had been corrected to a
great extent. Legal controls had also been strengthened. Adoptions could take place only
with a court permit.
56.
The Government established the Comprehensive Countermeasures for the Protection
of Women and Children in 2008 in order to counteract sexual violence crimes, as well as
the Countermeasures for Prevention of Recurrence of Violence against Children and
Support for Victims in 2009, and the Comprehensive Countermeasures for Prevention of
Domestic Violence in 2011. Punishment of sexual crimes against the disabled and children
and juveniles was also strengthened and the statutory limitation would be suspended until a
minor victim reached the legal age of majority. The Government also continued to provide
education and conduct public campaigns with a view to raising awareness of the serious
nature of damages caused by sexual and domestic violence.
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