B. Domestic/International norms and realistic cases in major countries
Contents
Domestic
norms
- Concerning the protection of aliens under domestic laws, Article 6
(Effectuation of Treaties and International Laws and Guarantee of
Aliens’ Status) of the Constitution and Article 4 (About Foreigners in
Republic of Korea) of the National Human Rights Commission Act
apply.
- Concerning the State’s protection of marriage life, please refer to Article
36 (1) (Marriage and Family Life) of the Constitution and Article 3
(Protection of Stable Family Life of Multicultural Families) of the
Multicultural Families Support Act.
- For the granting of the right to move into rental housing, please refer
to Article 8-5 (Granting of Preferential Right to Live in Rental House)
of the Act on the Prevention of Domestic Violence and Protection, etc.,
of Victims.
- NHRCK expressed its view to the Minister of Gender Equality and
Family as follows concerning the bill for the amendment of the Act on
the Prevention of Domestic Violence and Protection, etc., of Victims:
“We agree with the intention, but the special clause on the responsibility
of proving as stated in Article 4-6 of said bill does not correspond to
the current civil law system. Its application may make it difficult to
clarify substantial facts. It may be viewed as discrimination based on
the income of migrants married to Koreans and the people of their home
country. Thus, it is more desirable to adopt a method for the provision
of wider legal support than the special clause concerning the
responsibility of proving.
- Paragraph 20 of the UN Committee on the Elimination of All Forms
of Discrimination Against Women (Recommendation in 2011): The
committee recommended that the Korean government carry out a
International
campaign to improve the perception on women, to help women know
norms
their rights as well as how to get compensation in case of domestic
violence, and to take measures for the prevention of domestic violence
and protection of women from domestic violence.
Part 2. Stronger protection of human rights of migrants married to Koreans
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