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), Article 10 (Right to Pursue Happiness), Paragraph 4,
Article 32 (Protection of and Non-discrimination Against Women
Workers), and Paragraph 2, Article 36 (Maternity Protection) of the
Constitution and Article 4 (About Foreigners in Republic of Korea) of
the National Human Rights Commission Act apply.
- Ref. Article 17-2 (Prevention, Etc., of Sexual Harassment), Article 18
(Reinforcement of Maternity Protection), Article 25 (Prevention of
Sexual or Domestic Violence) of the Framework Act on Women’s
Development and Article 12 (Establishment and Operation of Protection
Facilities) of the Act on the Prevention of Sexual Assault and Protection,
etc., of Victims Thereof
- Arrangement should be made to enable conducting statistical surveys
among migrant workers by inserting a clause in the enforcement decree
of the Gender Impact Analysis and Assessment Act to be implemented
on March 16, 2012.
- The concluding observations (7/29/2011) made by the Convention on the
th
Elimination of All Forms of Discrimination Against Women on the 7
International
periodic report of the Republic of Korea expressed concern regarding
norms
the low number of reports made compared to the actual number of
sexual violence cases.
- ICESCR’s concluding observations (9/20/2009) on the 3rd periodic
report of the Republic of Korea expressed concern regarding the
continued lack of understanding about sexual harassment at workplaces.
According to a UNHCHR report (A/HRC/14/30 para.90), the
government should carry out more stringent management and
supervision of migrant workers’ working conditions at workplaces.
Part 1. Stronger protection of migrant workers’ human rights
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