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National Human Rights Commission of Korea - Complaint Summaries

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Recommendation on Withdrawal of Reservation and Implementation of Article 21 of the UN Convention on the Rights of the Child [2005] KRNHRC 11 (1 January 2005)

Recommendation on Withdrawal of Reservation and Implementation of Article 21 of the UN Convention on the Rights of the Child

Korea has reserved the domestic implementation of Article 21 (a) of the UN
Convention on the Rights of the Child (herein after the "Child Rights Convention") and
has received recommendations from the UN Committee on the Rights of the Child to
improve overall implementation of Article 21 regarding adoption of children.

In particular, the Committee on the Rights of the Child recommended to improve
inadequate domestic adoption practices and join the 1993 Hague Convention on the
Protection of Children and Cooperation in Respect of Inter-country Adoption to
strengthen legal and institutional protection for children in international adoption.

Accordingly, the Commission made a recommendation to the Prime Minister and the
Minister of Foreign Affairs and Trade (MOFAT) to review domestic laws and policies
regarding the Child Rights Convention and child adoption, and revise adoption-related
civil laws to guarantee children's benefits to the largest extent. The Commission
additionally recommended to permit adoption after an actual investigation by relevant
authorities, to withdraw the reservation on the Article 21(a) of the Convention on the
Rights of the Child, and to accede to the Hague Convention.


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