to ensure the protection of the rights of sexual minorities.
23. Regarding the right to freedom of association stipulated in Article 22 of the ICCPR, the
right to organize is not granted to some public servants, despite being in non-management
positions. Moreover, police and military officers are never allowed to form or join labor
unions. The Government should relax restrictions on the right of civil servants and teachers to
organize a labor union, to collectively bargain, and to collectively act, as the Committee on
Economic, Social and Cultural rights recommended in 2009.
III. Proposals
24. The 33 recommendations from the first UPR to the Government mainly deal with civil
and political rights, and the protection of socially marginalized people and minority groups.
The implementation of accepted recommendations by the Government in relation to the
protection of socially vulnerable groups showed progress during the last four years, in
particular regarding persons with disabilities, children and juveniles, and overseas Koreans.
However, measures taken to protect other vulnerable groups such as migrant women are not
sufficient yet. Furthermore, a complete and comprehensive policy of social integration for
persons with disabilities is necessary and special protection of children and juveniles is
essential. In addition, more efforts should be made to resolve issues of female workers, of
whom a great portion are in low-paid and non-regular positions. Employment protection for
women during pregnancy and after childbirth is also required.
25. Recommendations which were not fully accepted by the Government were made chiefly
on civil and political rights. In particular, the Government did little to increase protection of
freedom of expression; freedom of association; freedom of conscience and religion; or the
right to privacy. The Government should establish measures including legislative amendment
in order to prevent the violation of human rights related to the application of the NSA, and
should formulate specific measures to prevent the occurrence of torture by police officers.
Furthermore, the Government should shift its control-oriented policy practices on freedom of
expression online toward the promotion of freedom. Also, the Government should adopt an
alternative service system to replace obligatory military service in order to settle the issue of
conscientious objectors.
26. The ROK should make its best effort to promote social, economic and cultural rights as well,
even though they were not mentioned in the first UPR recommendations. Recently, issues
related to the right to social security, right to organize, right to collective bargain, right to
collective action, right to housing and right to education are emerging in the ROK. The
Government should expand protection and support for low-income groups to solve the problem
of weakening social integration due to intensifying income polarization. Furthermore, in cases
of forced eviction in the name of development, adequate reform in laws and practices are
needed to ensure appropriate and stable housing for evicted residents. With regard to the right to
education, the gap in quality of education according to economic and geographical status needs
to be decreased and elements of deteriorating human rights in schools should be removed.
27. The ROK should focus on emerging human rights issues too. The Government should
make an effort to implement emerging international standards regarding business and human
rights as Corporate Social Responsibility is recently becoming a bigger issue with the
growing impact of businesses that accompanies globalization. In particular, the operation and
management of the National Contact Point established pursuant to the OECD Guidelines for
Multinational Enterprises should be reformed as needed.
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