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Commission's Major Activities
disciplinary measures against violators, and to make funding plans to support children’s use of
shelters.
Despite the prohibition of all types of discriminations against children in Article 2 of the Child
Welfare Act, immigrant children victims of abuse find themselves without protection due to their
legal status and shelters turning them away.
The Commission found that the provisions specified under the Child Welfare Act and the Act
on Punishment of Child Abuse Crimes would be ineffective unless immigrant children victims
are guaranteed legal status, and thus concluded that, in the same spirit as the special provisions
of the Immigration Act to safeguard the rights of victims of domestic violence and sexual
violence, a legal basis would be necessary to grant child victims of abuse legal sojourn status
and extended sojourn period.
3. Major opinions expressed
A. Opinion on a proposal to abolish the human rights ordinance
On 8 June, the Commission expressed its opinion to the Governor of the South Chungcheong
Provincial Government and the Chairman of the South Chungcheong Provincial Assembly
that it would not be desirable to abolish the human rights ordinance because it prohibits
discrimination against sexual minorities.
According to human rights ordinances, which are localized versions of international human
rights standards, local self-governing bodies have the obligation not to discriminate local
residents based on gender, religion, disabilities, sexual orientation, or gender identity, or exclude
them from government services. The Commission reaffirmed that prohibiting discrimination
based on sexual orientation and gender identity is a principle consistently upheld by the
International Covenant on Economic, Social and Cultural Rights and other international treaties
to which Korea is a member.
The Commission concluded that the proposed abolition of the ordinance, which includes
prohibiting discrimination against sexual minorities, is not desirable. This is based on
the recommendation from the United Nations Human Rights Committee to the Korean