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INTEGRATING REPRODUCTIVE RIGHTS INTO THE WORK OF NATIONAL HUMAN RIGHTS INSTITUTIONS OF THE ASIA PACIFIC REGION
Republic of Korea: Using the complaints procedure to change policy towards mothers
The National Human Rights Commission of Korea has recently dealt with two complaints in
a way that has already led, in one instance, to important policy changes within government.
The first complaint related to the right of incarcerated women to keep their infants with them in
detention and the availability of facilities to make this possible. The second complaint related to
the exclusion of a girl from school on the basis of her pregnancy. Both cases were resolved in
favour of the complainant. In the school exclusion case, a submission by the Commission to the
relevant government department resulted in substantial policy changes that have since been fully
implemented. In the detention case, the Commission’s recommendation to the government is
currently under consideration.
3.4. Innovations and good practices in relation to overcoming cultural and
religious resistance
Almost every NHRI consulted for this study emphasized the sensitive and potentially
controversial nature of reproductive rights. Particularly during follow-up discussions, many
respondents identified cultural and religious resistance as key obstacles to the realization of
reproductive rights as well as to their effective integration into the work of the institution.
Several NHRIs were able to cite examples of activities or innovations that were specifically
designed to overcome cultural and religious resistance to full recognition of reproductive rights.
Afghanistan: Building alliances and partnerships
For a multitude of reasons, including lack of resources, the Afghanistan Human Rights
Commission considers itself unable to rely on criminal justice agencies to pursue serious
violations of human rights including reproductive rights. In order to make progress in this area
the Commission must develop strategic alliances with those who are in a position to provide
support. Most recently, the Commission has begun to work closely with the newly formed family
units within the Afghan National Police. These units include a significant proportion of female
officers who are proving to be strong allies in the Commission’s fight against practices such as
forced marriage, wife beating and self-immolation.
Malaysia: Acting as a bridge between government and civil society
In Malaysia, as in many other countries, there can be differences of opinion in relation to
reproductive rights issues between the Government and civil society groups. The Malaysian
Human Rights Commission plays an important role in bringing the Government and civil society
together. It has, for example, organized meetings between non-governmental organizations and
the government on certain sensitive issues related to reproductive rights. It appears that the
government in particular is more amenable to dialogue with civil society when this is facilitated
or mediated by the Commission.