A/HRC/29/46/Add.1 human rights. The Constitution stipulates that basic freedoms and rights should not be undervalued simply on the grounds that they are not specified in the Constitution. The Bill of Rights is included in the second chapter of the Constitution. Individuals are not punished, placed under preventive restrictions or subjected to involuntary labour except as provided by law and through lawful procedure. Those detained or arrested must be informed of the reason and of their right to an attorney, and family members must be informed. Warrants must be issued by a judge “through due procedures” and accused persons may sue for wrongful arrest in certain cases. 13. The relevant provisions on non-discrimination are: (a) Article 10: All citizens shall be assured of human dignity and worth and have the right to pursue happiness. It shall be the duty of the State to confirm and guarantee the fundamental and inviolable human rights of individuals; (b) Article 11 (1): All citizens shall be equal before the law, and there shall be no discrimination in political, economic, social or cultural life on account of sex, religion or social status; (c) Article 14: All citizens shall enjoy freedom of residence and the right to move at will; (d) Article 32 (4): Special protection shall be accorded to working women, and they shall not be subjected to unjust discrimination in terms of employment, wages and working conditions. 14. The Constitution assigns territorial ownership over the entire Korean peninsula, including the Democratic People’s Republic of Korea. That provision, combined with the Nationality Act, grants refugees from the Democratic People’s Republic of Korea automatic citizenship in the Republic of Korea upon defecting to the country. C. Legislative framework prohibiting racism, racial discrimination, xenophobia and related intolerance 15. In the Republic of Korea, international human rights treaties duly concluded and promulgated under the Constitution are applicable in the domestic legal system. The entire spectrum of human rights is covered by a range of specific acts and laws. No provision of an individual law can infringe human rights beyond the limitations stipulated in the Constitution and, in the case of an infringement, the matter may be referred to the Constitutional Court for a review of the constitutionality of the provision. 16. In principle, the protection of human rights is ensured through criminal punishment and compensation for damages. Administrative measures that violate human rights can be declared null or cancelled through administrative appeals or administrative litigation. In the case that a violation of fundamental human rights due to the act or omission of public power is not redressed, even after all procedural remedies have been exhausted, a complaint can be filed before the Constitutional Court. Apart from judicial decisions, victims of human rights violations can petition NHRCK and seek remedies through the recommendations of that institution. 17. The Special Rapporteur was informed that there is no legal definition of “racial discrimination” under the country’s law and that there were currently no specific legislative measures, including under the Criminal Code, to prohibit and punish racially motivated criminal offences. In 2012, the Committee on the Elimination of Racial Discrimination recommended that the Republic of Korea implement reforms in that area (see CERD/C/KOR/CO/15-16, paras. 6–8). In 2011, a comprehensive draft bill on equal 5