refugee applicants until the completion of the relevant procedure including court
proceedings to reform the structural infringement of human rights in the refugee
application procedure.
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.
- Ref. Article 10 (Right to Pursue Happiness) and Article 11 (1) (Right
to Equality) of the Constitution; Article 2 (3) (defining the term
“discriminatory act of violating the right to equality”) of the National
Human Rights Commission Act
- Article 76-8 (Treatment of Refugees) and Article 76-9 (Support for
Refugees, etc.) of the Immigration Control Act
- Article 22 of the Convention related to the Status of Refugees stipulates
that “the Contracting States shall accord to refugees the same treatment
accorded to nationals with respect to elementary education.”
- Article 23 of the Convention related to the Status of Refugees stipulates
that “the Contracting States shall accord to refugees lawfully staying in
their territory the same treatment with respect to public relief and
assistance as that accorded to their nationals.” Article 11 (1) of the
International
ICESCR stipulates that “the State’s Parties to the present Covenant
norms
recognize the right of everyone to an adequate standard of living for
himself/herself and his/her family -- including adequate food, clothing,
and housing -- and to the continuous improvement of living conditions.”
- Article 3 (1) of the UN Convention against Torture stipulates that “no
State Party shall expel, return (“refouler”), or extradite a person to
another State where there are substantial reasons to believe that he/she
would be in danger of being subjected to torture.
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Human Rights Guidelines on Migration