E/C.12/KOR/CO/4
party’s third periodic report (E/C.12/KOR/CO/3). It also regrets the absence of an
institutional framework for ensuring the full participation of the National Human Rights
Commission of Korea and civil society in the planning and monitoring of national action
plans (art. 2 (1)).
6.
The Committee urges the State party to:
(a)
Make public the comprehensive evaluation of the second national action
plan for human rights as soon as possible;
(b)
Fully incorporate the present recommendations in the third national
action plan for human rights, with clear implementation timelines and indications of
responsibility for the branches and tiers of Government;
(c)
Put in place an institutional framework for the full participation of the
National Human Rights Commission of Korea and civil society in the formulation,
monitoring and assessment of national action plans for human rights.
Application of the Covenant
7.
Given the limited scope of the constitutional provisions on economic, social and
cultural rights, the Committee remains concerned that the Covenant rights are not given full
effect in the jurisprudence of the State party, including as a consequence of the judiciary’s
reluctance to review the conformity of domestic legislation with the Covenant rights (art. 2
(1)).
8.
The Committee recommends that the State party take measures to ensure that
the Covenant is given full practical effect in accordance with article 6 of the
Constitution, in particular through (a) institutionalized training of judges, lawyers
and prosecutors on the provisions of the Covenant and the justiciability of economic,
social and cultural rights; (b) awareness-raising of the Covenant rights among the
public at large; and (c) full incorporation of economic, social and cultural rights in its
Constitution in the context of the constitutional revision announced by the delegation.
The Committee refers the State party to its general comment No. 9 (1998) on the
domestic application of the Covenant.
Access to remedies
9.
The Committee is concerned that, in spite of the expansion of the availability of
legal aid, access to judicial remedies for violations of economic, social and cultural rights is
hampered by the high costs associated with legal proceedings, such as the court stamp fee
(art. 2 (1)).
10.
The Committee recommends that the State party review the rules on fees for
judicial proceedings, to ensure that they do not hamper the right to an effective
remedy for victims of violations of economic, social and cultural rights.
Maximum available resources
11.
The Committee is concerned about the continuously very low level of public social
spending, as a percentage of gross domestic product (GDP), in the State party, in spite of its
increase in absolute terms over the long term. It is also concerned at the lack of effective
accountability for the delivery of social services by public agencies and private entities and
by the fact that the accessibility, affordability and quality of social services delivered by the
latter are not regularly guaranteed (art. 2 (1)).
12.
The Committee urges the State party to:
(a)
Accelerate the increase of its investment in social spending, including by
pursuing a more redistributive fiscal policy, in order to improve the enjoyment of
economic, social and cultural rights, especially for marginalized and disadvantaged
groups, and address social inequalities;
(b)
Raise the awareness of local authorities and public agencies of their
duties under the Covenant;
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