6. Right to social security and to an adequate standard of living
[CESCR] The Committee urges the State party to adopt a strategy to address the problem of homelessness, after examining its extent and causes and ensuring an adequate standard of living for the homeless. The Committee invites the State party to include in its next periodic reports data on the extent of homelessness in the State party, disaggregated by sex, age and rural/urban populations.
[CESCR] The Committee reiterates its recommendation that the State party establish a focal point in the Government to deal with complaints or appeals for assistance on housing matters. It also recommends that the State party allocate sufficient funds for the realization of programmes aimed at providing security of tenure and affordable housing, particularly to the most disadvantaged and marginalized individuals and groups, in line with its general comment No. 4 (1991) on the right to adequate housing. The Committee strongly recommends in this regard that priority be given to those who are homeless or living in exceptionally substandard conditions. The Committee also recommends that the State party provide detailed information with data disaggregated on an annual basis by gender, age and households.
[CESCR] The Committee recommends that forced eviction be used only as a measure of last resort and that no project of development or urban renewal be carried out without prior notification and access to temporary housing for those affected so as to avoid recourse to violence, such as that seen in the Yongsan incident. The Committee urges the State party, as a matter of priority, and in line with its general comment No. 7 on forced evictions: (a) To ensure that persons forcibly evicted from their homes be provided with adequate compensation and/or offered relocation; (b) To undertake public debate and meaningful consultations with affected residents and communities prior to the implementation of development projects and residential environment clearance plans; (c) To ensure that new housing sites are provided with basic services and utilities, such as drinking water, electricity, washing and sanitation facilities, and easy access to schools, health-care centres and transportation; (d) To provide detailed information on forced evictions with data disaggregated on an annual basis by gender, age and households in its next periodic report.
6.b Health and Public Health
[CESCR] The Committee urges the State party to increase expenditure for health care and to take all appropriate measures to ensure universal access to health care, at prices that are affordable to everyone, and draws the attention of the State party to its general comment No. 14 (2000) on the right to the highest attainable standard of physical and mental health.
[CESCR] The Committee recommends that the State party take effective measures to ensure that local communities are not deprived of groundwater resources needed for farming and drinking purposes. It also recommends that the State party ensure that adequate information on health hazards relating to the bottled drinking water that was found to contain carcinogenic substances is made available to the public. The Committee further recommends that the State party effectively implement adopted World Health Organization standards on drinking water quality and take into account the Committee’s general comment No. 14 on the right to the highest attainable standard of physical and mental health, and general comment No. 15 on the right to water, in the information provided in its next periodic report (art. 11).
[CRC] The Committee reiterates its previous recommendation (CRC/C/15/Add.197, para. 49 (a)) for the State party to increase to a significant level the funding allocated to health and establish a system of public care facilities so that low-income families may have access to health systems at no cost; The Committee further recommends that the State party undertake measures to provide small and mid-sized local hospitals with increased financial, technical and human resources for the provision of paediatric medical and emergency care throughout its territory.
[CRC] The Committee recommends that the State party undertake measures for the development of a child mental health-care policy that is based on a thorough study of the root causes of depression and suicide among children, and invest in the development of a comprehensive system of services, including mental health promotion and prevention activities, out-patient and in-patient mental health services, with a view to ensuring the effective prevention of suicidal behaviour, especially among girls. In doing so, the Committee encourages the State party to, the greatest extent possible, avoid the institutionalisation of children in such situations. Furthermore, in applying its diagnostic tool for the detection and prevention of suicide, the Committee recommends that the State party establish adequate safeguards for ensuring that the diagnostic tool is applied in a manner that fully respects the right of the child to privacy and to be adequately consulted. While implementing the above, the Committee also emphasises the importance of examining the social and family factors related to suicide in addition to or, where appropriate, in alternative to a mental health approach.
[CRC] The Committee urges the State party to increase its information and education campaigns, including by engaging the mass media, to raise the awareness of the health risks of tobacco, alcohol and internet addiction. In doing so, the State party is encouraged to ensure that such campaigns take into account and address the specific context of adolescents and contribute to building their capacity to lead healthy lifestyles and practice balanced consumption patterns and take additional measures to regulate the marketing of unhealthy food having negative effect on children’s health. The Committee also recommends that the State party undertake measures to ensure that sex education programmes in the school curriculum are conducted in a systematic and reliable manner.
[CEDAW] The Committee urges the State party to take the necessary measures to address the deteriorating mental health situation, in particular depression. It also encourages the State party to fully implement its suicide prevention policies (2009-2013) and to provide information in its next periodic report on the policies and results achieved. The Committee recommends that the State party pay special attention to the situation of older women with low income levels, to ensure that they have full access to health-care and social services. It also urges the State party to consider reviewing legislation relating to abortion, in particular the Criminal Code, with a view to removing the punitive provisions imposed on women who undergo an abortion, and to provide them with access to quality services for the management of complications arising from unsafe abortion, in accordance with the Committee’s general recommendation No. 24 (1999).
[CRC] The Committee recommends that the State party undertake measures, including by considering further relevant legislation, to ensure that all the provisions of the Convention are adequately applied in its judicial decisions. The Committee further recommends that the State party review its legislation on abortion with a view to ensuring that it is in full compliance with the principle of the best interests of the child, including by ensuring that single adolescent mothers are allowed access to safe abortions and adequately protected from the risks of illegal abortions and the forced adoption of their children.
[CRC] The Committee urges the State party to undertake research on suicide risk factors among children, both in the families of children affected and the education system, with the aim of using the results of such research to guide the implementation of concrete policies, institutional and administrative measures. It further recommends that such policies and measures include the provision of adequate preventive measures and follow-up procedures which should be supported by the adequate provision of social workers and psychological consultation services for all children affected .
[CESCR] The Committee, noting the information provided by the State party that the national basic livelihood security system is under review in relation to the “duty to support” standard or wealth standard and universal access to the system, urges the State party to conclude the review expeditiously and guarantee access to the system for persons that have not completed a minimum period of stable living, including the homeless and those living in shelters.
[CESCR] The Committee recommends that the State party envisage alternative or complementary policies to the national pension system, such as a universal minimum pension or other social assistance benefits that would enable elderly persons to live a decent life.
[CESCR] The Committee recommends that the State party allocate sufficient funds for the full implementation of its poverty eradication strategy. While noting the existence of a formal poverty line to determine the minimum cost of living, the Committee recommends that the State party monitor effectively the impact of its poverty eradication strategy on disadvantaged and marginalized individuals and groups. The Committee urges the State party to ensure the full integration of economic, social and cultural rights in the strategy, as recommended by the Committee in its statement on poverty and the International Covenant on Economic, Social and Cultural Rights (E/C.12/2001/10). The Committee requests the State party to include in its next periodic report detailed information on the results of the measures taken under the strategy, including updated statistical data, on an annual basis, on the percentage of the population living in poverty, disaggregated by gender, age, number of children per household, number of single parent households, rural/urban population and ethnic group.
[CESCR] The Committee also recommends that the State party provide financial and psychological support for unwed mothers and promote information campaigns to combat deep societal prejudice against them.
[CRC] The Committee recommends that the State party: a) Ensure the systematic periodic review of quality of care; regular training, including on child rights, of its relevant professionals; and type of treatment provided to children in public and private institutions providing alternative care in conformity with article 25 of the Convention; b) Ensure mechanisms for receiving complaints, investigations and prosecutions for child abuse in alternative care settings and ensure that victims of abuse have access to complaints procedures, counselling, medical care and other recovery assistance as appropriate; c) Provide children in alternative care settings with adequate support for establishing and/or maintaining contact with their parents; d) Take into full account the Guidelines for the Alternative Care of Children contained in United Nations General Assembly Resolution A/RES/64/142 adopted on 20 November 2009.
[CRC] The Committee recommends that the State party expeditiously undertake the necessary measures to ensure that adoptions prior to the above Act coming into force are provided with adequate equivalent protection. The Committee also urges the State party to undertake a further review of its system for inter-country adoptions with a view to reforming legislation in order to bring it into full conformity with the principles and provisions of the Convention on the Rights of the Child, in particular article 21 and to specifically:
a) Define a clear mandate, with adequate human, technical and financial resources, for the Korea Central Adoption Resources agency to effectively perform its role and function in accordance with article 6 of the Hague Convention, and including with regard to the provision of post-adoption services with due regard to ensuring the practicable access to such facilities by persons who have been adopted inter-country and may not be proficient in Korean;
b) Ensure that the child’s views are given due weight, having regard to age and maturity, in the adoption process and that the best interests of the child are the paramount consideration;
c) Ensure that the consent of single adolescent mothers is mandatory for the release of their children for adoption and that they are provided with conditions that ensure that such consent is not obtained under de facto or actual duress;
d) Implement measures to ensure that all adoptions, including those in an inter-country context, are subject to authorisation by a clearly mandated central authority with adequate capacity to provide judicial oversight and regulation;
e) Consider ratifying the 1993 Hague Convention on Protection of Children and Cooperation in respect of Inter-country Adoption."
[CRC] The Committee urges the State party to take into account the Committee’s General Comment No. 9 adopted in 2006 on the rights of children with disabilities (CRC/C/GC/9) and:
a) Provide appropriate assistance to all children with disabilities;
b) Facilitate access to education for children with disabilities and undertake measures to increase the number of special education teachers and further strengthen its measures to provide adequate training to teachers and school supervisors with a view to ensuring that children with disabilities have their educational needs fully catered to;
c) Implement the Bill for the Special Education of Persons with Disabilities more effectively, by inter alia supporting it with adequate budget and personnel;
d) Ensure that, whenever possible, inclusive education is provided for children with disabilities.
[CRC] The Committee urges the State party to consider amending its legislation to include specific and obligatory financial allocations for child welfare at adequate levels. The State party should ensure equality and equity in programmes to reduce poverty and improve the standard of living of all children.