expertise or understanding with regard to refugee-related international rules and
norms and socio-psychological vulnerability of refugees.
In conclusion, there is a need to prevent said structural infringement of human
rights in the refugee application procedure by immediately ensuring the
transparency and fairness of the refugee recognition procedure and minimizing
long-term detention and difficulties in living.
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 language barrier problem in the provision of personal
information, please refer to Article 9-3 [this clauses stipulates that, in
the provision of interpretation/translation service to a migrant,
international marriage brokers should use the migrant’s mother tongue]
of the Enforcement Rules of the Marriage Brokerage Business
Management Act.
- Ref. Article 26 (Education and Propaganda on Human Rights) of the
National Human Rights Commission Act
- Ref. Article 2 (3) (Definition of Refugees) of the Immigration Control Act
- Article 14 of the Universal Declaration of Human Rights stipulates that
“Everyone has the right to seek and enjoy in other countries asylum
from persecution.”
- Article 9 of the International Covenant on Civil and Political Rights
(ICCPR) stipulates that “Everyone has the right to liberty of person; no
International
norms
one shall be subjected to arbitrary arrest or detention.”
- Article 1 of the Convention related to the Status of Refugees (CRSR)
defines the term “refugees.”
rd
- Ref. Concluding observations (9/20/2009) made by ICESCR on the 3
periodic report of the Republic of Korea
Part 4. Stronger protection of human rights of refugees and stateless people
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