4. More stringent protection of human rights of stateless
people
A. Current status and problems
• The government should identify stateless people under the Convention related
to the Status of Stateless Persons. It should establish laws and systems to protect
stateless people based on the result of a status survey among them. Moreover,
the government should see to it that children of refugee applicants and
undocumented migrants born in the country should not become de facto stateless
people due to the insufficiency of the systems and 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) of the Constitution; Article
14-3 (Decision on Loss of Nationality) of the Nationality Act
- Ref. 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 7 (1) of the Convention related to the Status of Stateless Persons
stipulates that “Except where this Convention contains more favorable
provisions, a Contracting State shall accord to stateless persons the same
International
norms
treatment accorded to aliens in general.
- Article 27 of the Convention related to the Status of Stateless Persons
stipulates that “Upon request, Contracting States shall issue travel and
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Human Rights Guidelines on Migration