B. Domestic norms and 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 63 (Protection) of the Immigration Control Act; Rules for
the Protection of Aliens; Article 10 (Right to Pursue Happiness), Article
12 (Corporate Freedom), Article 36 (2) (Maternity Protection), Article
37 (2) (Restriction of Basic Rights) of the Constitution; Articles 92, 203,
205 (Restriction on Detention Period) of the Criminal Procedural Act
International
- UN Standard Minimum Rules for the Treatment of Prisoners
norms
C. Core agenda items for promotion
Ⅵ-4-1. In case of long-term, sustained detention of an alien who is issued a
deportation order, extension of such detention should be restricted to
prevent excessively long detention. Granting temporary release from
detention without deposit should be considered more favorably on a
case-to-case basis.
Ⅵ-4-2. “Protection,” which is actually detention, is restriction on the liberty and
security of a person. Therefore, it should safeguard rights as with any
criminal procedure to realize the rule by law in the immigration area.
Ⅵ-4-3. Protection facilities should be equipped with adequate accommodation
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Human Rights Guidelines on Migration