KOREA (R OF)-SOGI-TBs-CCPR

Concluding Observations on Report 5 (2023) (Link)

Non-discrimination, hate speech and hate crime

11. The Committee remains concerned by the absence of comprehensive anti-discrimination legislation in the State party covering discrimination and hate speech on the basis of grounds including, but not limited to, race, ethnicity, age, nationality, religion, migration status, disability, sexual orientation and gender identity. The Committee is also concerned by continued reports of discrimination and hate speech targeting specific groups, including escapees from the Democratic People’s Republic of Korea and Muslim migrants and refugees, and the reported rise in hate speech towards migrants, asylum-seekers and refugees during the coronavirus disease (COVID-19) pandemic, including by politicians and public figures, both offline and online (arts. 2, 19, 20 and 26).

 12. The State party should:

(a) Adopt comprehensive anti-discrimination legislation, explicitly addressing all spheres of life and defining and prohibiting direct, indirect and intersectional discrimination on grounds including race, ethnicity, age, nationality, religion, migration status, disability, sexual orientation and gender identity, and ensure access to effective and appropriate remedies for victims of discrimination;

(b) Strengthen its awareness-raising efforts aimed at promoting respect for human rights and tolerance for diversity and at eradicating stereotypical prejudices based on race, ethnicity, religion or sexual orientation and gender identity, or any other grounds protected under international human rights law;

(c) Encourage the reporting of hate crimes and ensure that such crimes are investigated effectively and thoroughly, that perpetrators are prosecuted and, if convicted, punished with appropriate sanctions, and that victims are provided with effective remedies;

(d) Provide adequate training to central and local authorities, law enforcement officials, judges and prosecutors on addressing hate speech and hate crimes, and to media workers on promoting acceptance of diversity.

 

Sexual orientation and gender identity

13. Noting the ongoing and widespread discrimination, hate speech and violence faced by lesbian, gay, bisexual, transgender and intersex persons within the State party, the Committee is concerned about the lack of laws and policies that specifically prohibit discrimination based on sexual orientation and gender identity. The Committee is also concerned by the continued criminalization of same-sex sexual conduct in the military, under article 92-6 of the Military Criminal Act, notwithstanding the Supreme Court’s decision in April 2022 overturning the conviction of two soldiers for engaging in consensual sexual activity outside of military facilities. The Committee expresses additional concern in regard to the lack of legal recognition for same-sex couples, and the resulting economic and social discrimination against same sex-couples and their children in areas such as health insurance. Furthermore, the Committee is concerned by the absence of a law governing the recognition of gender reassignment and the continued application of the Supreme Court’s guidelines for the handling of petitions for legal sex change permits for transgender people, which include requirements such as a diagnosis of “transsexualism”, sterilization and gender reassignment surgery (arts. 2, 7, 17 and 26).

 14. The State party should:

(a) Adopt laws and policies that specifically prohibit and proactively address discrimination based on sexual orientation and gender identity;

(b) Repeal article 92-6 of the Military Criminal Act, which criminalizes consensual same-sex sexual conduct among military personnel;

(c) Adopt or amend legislation to ensure that same-sex couples and their children are not subjected to discrimination in the economic and social sphere, including by amending the Civil Code or introducing civil union for such couples;

(d) Facilitate access to legal recognition of gender reassignment, including by removing requirements such as a diagnosis of “transsexualism”, sterilization and genital reconstructive surgery, and conditions linked to marital status;

(e) Develop sex education programmes that provide students with comprehensive, accurate and age-appropriate information regarding sexuality and diverse gender identities;

(f) Develop and implement public campaigns and provide training for public officials to promote awareness and respect for diversity in sexual orientation and gender identity.

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Concluding Observations on Report 4 (2015) (Link)

Non-discrimination

12. While noting the existence of a number of individual laws prohibiting specific forms of discrimination, the Committee is concerned that comprehensive anti-discrimination legislation is lacking. It is particularly concerned about the current lack of legislation defining and prohibiting racial discrimination and discrimination on the grounds of sexual orientation or gender identity (arts. 2 and 26).

13. The State party should adopt comprehensive anti-discrimination legislation, explicitly addressing all spheres of life and defining and prohibiting discrimination on any ground, including race, sexual orientation and gender identity. The legislation should impose appropriate penalties for direct and indirect discrimination committed by both public and private entities, and should provide for effective remedies.

Discrimination on the grounds of sexual orientation and gender identity

14. The Committee is concerned about:

(a) The widespread discrimination against lesbian, gay, bisexual, transgender and intersex persons, including violence and hate speech;

(b) The punishment of consensual same-sex sexual conduct between men in the military, pursuant to article 92-6 of the Military Criminal Act;

(c) The authorization of the use of the buildings of the National Assembly and of buildings of the National Human Rights Commission to host so-called “conversion therapies” for lesbian, gay, bisexual and transgender persons;

(d) The lack of any mention of homosexuality or sexual minorities in the new sex education guidelines;

(e) The restrictive requirements for legal recognition of gender reassignment (arts. 2, 17 and 26).

15. The State party should clearly and officially state that it does not tolerate any form of social stigmatization of, or discrimination against, persons based on their sexual orientation or gender identity, including the propagation of so-called “conversion therapies”, hate speech and violence. It should strengthen the legal framework to protect lesbian, gay, bisexual, transgender and intersex individuals accordingly, repeal article 92-6 of the Military Criminal Act, avoid the use of State- owned buildings by private organizations for so-called “conversion therapies”, develop sex education programmes that provide students with comprehensive, accurate and age-appropriate information regarding sexuality and diverse gender identities, and facilitate access to the legal recognition of gender reassignment. It should also develop and carry out public campaigns and provide training for public officials to promote awareness and respect for diversity in respect of sexual orientation and gender identity.

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59. In accordance with rule 71, paragraph 5, of the Committee’s rules of procedure, the State party should provide, within one year, relevant information on its implementation of the Committee’s recommendations made in paragraphs 15 (discrimination on the grounds of sexual orientation and gender identity), 45 (conscientious objection) and 53 (peaceful assembly) above.

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Concluding Observations on Report 3 (2006) (Link)

[no mention]

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Concluding Observations on Report 2 (1999) (Link)

[no mention]

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Concluding Observations on Report 1 (1992) (Link)

[no mention]

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