South Korea: Difference between revisions

Declining rate of male circumcision reported: Add section on Constitutional law.
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==Constitutional and human rights issues==
==Constitutional and human rights issues==


The Constitution of the Republic of Korea (1948) as amended provides in Chapter Two the rights and duties of citizens. Some provisions may be applicable to the practice of non-therapeutic circumcision of minors.
The Constitution of the Republic of Korea (1948) as amended provides in Chapter Two the rights and duties of citizens.<ref name="ROKConstitution1948">{{REFdocument
|title=Constitution of the Republic of Korea
|url=https://elaw.klri.re.kr/eng_service/lawView.do?hseq=1&lang=ENG
|contribution=
|last=
|first=
|publisher=Korea Translation Center
|format=
|date=1948
|accessdate=2021-06-08
}}</ref> Some provisions may be applicable to the practice of non-therapeutic circumcision of minors.


Article 10 provides:
Article 10 provides:
<blockquote>
<blockquote>
All citizens shall be assured of human worth and dignity and have the right to pursuit of happiness. It shall be the duty of the State to confirm and guarantee the fundamental and inviolable human rights of individuals.
All citizens shall be assured of human worth and dignity and have the right to pursuit of happiness. It shall be the duty of the State to confirm and guarantee the fundamental and inviolable human rights of individuals.<ref name="ROKConstitution1948"/>
</blockquote>
</blockquote>


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(4) The State shall have the duty to implement policies for enhancing the welfare of senior citizens and the young.<br>
(4) The State shall have the duty to implement policies for enhancing the welfare of senior citizens and the young.<br>
(5) Citizens who are incapable of earning a livelihood due to a physical disability, disease, old age or other reasons shall be protected by the State under the conditions as prescribed by Act.<br>
(5) Citizens who are incapable of earning a livelihood due to a physical disability, disease, old age or other reasons shall be protected by the State under the conditions as prescribed by Act.<br>
(6) The State shall endeavor to prevent disasters and to protect citizens from harm therefrom.
(6) The State shall endeavor to prevent disasters and to protect citizens from harm therefrom.<ref name="ROKConstitution1948"/>
</blockquote>
</blockquote>


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<blockquote>
<blockquote>
(1) Freedoms and rights of citizens shall not be neglected on the grounds that they are not enumerated in the Constitution.<br>
(1) Freedoms and rights of citizens shall not be neglected on the grounds that they are not enumerated in the Constitution.<br>
(2) The freedoms and rights of citizens may be restricted by Act only when necessary for national security, the maintenance of law and order or for public welfare. Even when such restriction is imposed, no essential aspect of the freedom or right shall be violated.
(2) The freedoms and rights of citizens may be restricted by Act only when necessary for national security, the maintenance of law and order or for public welfare. Even when such restriction is imposed, no essential aspect of the freedom or right shall be violated.<ref name="ROKConstitution1948"/>
</blockquote>
</blockquote>