Contents
application for Korean nationality made by migrants married to Koreans and
the difficulty due to their reliance on their Korean spouses in the application
for naturalization or due to the lack of children from the marriage. The
convention recommended the deletion of discriminatory clauses.
- In its Consideration of the 13th and 14th periodic reports of the Republic
of Korea, the International Convention on the Elimination of All Forms
of Racial Discrimination states (in Item 17) thus: “The Committee
recommends that the State party adopt appropriate measures to
strengthen the protection of the rights of foreign female spouses, inter
alia by ensuring that their legal resident status in case of
separation/divorce does not depend entirely on the proof that the end
of the relationship is attributed to the Korean spouse’s fault. The
Committee also recommends that the activities of international marriage
agencies be regulated so as to avoid abuses such as excessive fees,
withholding of essential information about the future Korean husband,
and confiscation of identity and travel documents. The Committee
further suggests the adoption of all appropriate measures -- including
the provision of adequate information on the country and its traditions
and the organization of Korean language courses -- to facilitate the
integration of foreign female spouses in the society of the State
party.”(CERD/C/KOR/CO/1. August 2007). A noteworthy part of this
recommendation is that the government should ensure the legal resident
status of foreign female spouses even if the end of the marriage is
entirely attributable to the Korean spouse.
- At its session held in Geneva, Switzerland on November 10 and 11,
2009, the UN Committee on Economic, Social, and Cultural Rights
expressed its view as follows with regard to the human rights situation
of migrants, particularly migrants women married to Koreans and
trafficking of women and children: “The Committee remains concerned
that foreign spouses married to Korean nationals are still dependent on
the latter for their residency status (F-2). (Art. 2) The Committee
recommends that the State party make further efforts to overcome the
discrimination faced by foreign women married to Korean nationals by
empowering them to acquire residency status or naturalization without
having to rely on their husbands.”(E/C. 12/KOR/CO/3 September 2009).
Part 2. Stronger protection of human rights of migrants married to Koreans
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