support as a homeless person and does not specify beneficiary’s nationality.
However, the Ministry of Health and Welfare is taking the position that the
Act is interpreted in a way that does not include foreigners as beneficiaries,
resulting in no aid for housing, school meal or medical care being provided to
foreigners. In addition, under the Immigration Act, migrants without economic
competency can be subjected to deportation or departure order.
57. Poverty may be regarded as a matter limited to the social rights. However, it is
directly and indirectly linked with other basic human rights such as the right to
health and housing as well as the right to pursue human dignity and happiness.
There is no special reason not to apply the same for aliens when it comes to
violation of basic rights due to poverty.
58. Therefore, provision of subsidies for living, medical care and housing for the
vulnerable migrants under the National Basic Living Security System and
Emergency Aid and Support System should be reviewed, and the migrants
should not be subject to forced deportation just because they are homeless.
Issue 12. Protection of Basic Right of Migrant Children
12-1. Introduction of Universal Birth Registration System
59. The government’s periodic report states that the registration of births of aliens
is closely related to the acquisition of nationality of the Republic of Korea and
thus requires careful examination and it has shown special measure for
refugees, humanitarian status holders, and children of refugee applicants who
cannot file a birth report to the Embassies of their home countries by allowing
them to stay in Korea.
60. The government intends that the personal information of these children can be
entered into the alien registration system to enable them to stay in Korea.
However, alien registration is not intended to serve as a document proving the
birth. In addition, there were cases where immigration officers or parents
entered in the nationality of the child at their discretion, and it is hard for
children born from unregistered parents to apply for the alien registration.
61. Birth registration is the first step in guaranteeing the right to access of all
children to the rights to life, development and quality service. Failure to
register immediately after the birth not only has negative impact on the child’s
personal identity but also increases the possibility of the child being excluded
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