A/HRC/29/46/Add.1
school students, led to political tensions between the Government and opposition political
parties, as attempts to capitalize on the tragedy led to further polarization between the
Government and the opposition.
8.
Over the past 30 years, migration flows into the country have increased
significantly. As at 1 January 2014, there were 1,569,470 foreign residents, including
naturalized Koreans, who accounted for 3.1 per cent of the total registered population of
51,141,463. That means that 1 out of 32 persons is a foreign resident. The growing
economic and social problems associated with an ageing population and a low birth rate
may also present challenges to society. The birth rate is 1.19 children per woman of
childrearing age and is well below the rate of replacement within the population. If those
demographic trends continue, by 2060 there could be 80.6 elderly people for every 100
workers, which would present an enormous fiscal challenge to the Government.
III. Legal framework for combating racism
A.
International human rights instruments
9.
The Republic of Korea is party to the following core United Nations human rights
treaties: the International Covenant on Civil and Political Rights, the International
Covenant on Economic, Social and Cultural Rights, the International Convention on the
Elimination of All Forms of Racial Discrimination, the Convention on the Elimination of
All Forms of Discrimination against Women, the Convention against Torture and Other
Cruel, Inhuman or Degrading Treatment or Punishment, the Convention on the Rights of
the Child and the Convention on the Rights of Persons with Disabilities. However, it has
not ratified the International Convention on the Protection of the Rights of All Migrant
Workers and Members of Their Families, the International Convention for the Protection of
All Persons from Enforced Disappearance, the Second Optional Protocol to the
International Covenant on Civil and Political Rights, aiming at the abolition of the death
penalty, the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman
or Degrading Treatment or Punishment, the Optional Protocol to the Convention on the
Rights of the Child on a communications procedure or the Optional Protocol to the
Convention on the Rights of Persons with Disabilities.
10.
Other international instruments ratified by the Republic of Korea include the
Convention on the Prevention and Punishment of the Crime of Genocide and the
Convention against Discrimination in Education. The Republic of Korea has also ratified
the Convention relating to the Status of Refugees, the Protocol relating to the Status of
Refugees and the Convention relating to the Status of Stateless Persons.
B.
Constitutional provisions
11.
The Constitution of the Republic of Korea was adopted on 17 July 1948 and last
revised on 29 October 1987, and is fundamental to the national system for promoting and
protecting human rights. The Constitution has been amended nine times and almost fully
rewritten five times (in 1960, 1962, 1972, 1980 and 1987).
12.
The Constitution declares the Republic of Korea a democratic republic, its territory
consisting of “the Korean Peninsula and its adjacent islands” and that the “Republic of
Korea shall seek unification and shall formulate and carry out a policy of peaceful
unification based on the principles of freedom and democracy”. The Constitution of the
Republic of Korea guarantees human rights and stipulates the scope of the limitation of
human rights and the obligation of the State to reaffirm and guarantee the inviolability of
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