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Final Version The Implementation of the ICESCR in Japan and the Problems of the Japan’s 3rd Periodic Report For the 50th session of the CESCR Final version NGO Committee for the Reporting on the ICESCR Contact Address: Yamanashi-Gakuin Law School 2-4-5 Sakaori Kofu-shi, Yamanashi JAPAN Tel. (+81 55) 224 1267 E-mail: [email protected] Chief Secretary: Shigeto ARAMAKI ([email protected]) National Coordinator: Toshiaki FUJIMOTO ([email protected]) International Coordinator: Yuji HIRANO ([email protected]) March 2013 CONTENTS I REPLIES TO THE LIST OF ISSUES BY JAPANESE NGOs................................3 Issue 1 (Implementation of the ICESCR in Japan)...................................................................... 3 Issue 3 (Article 2: Non-Discrimination) ........................................................................................ 3 Issue 5 (Article 3: Equal rights of men and women on Employment).......................................... 5 Issue 6 (Article 3: On the issue of Gender Stereotypes) .............................................................. 7 Issue 7 (Article 3: On the issue of “comfort women”).................................................................... 8 Issue 8 (Article 6: Right to Work) ............................................................................................... 11 Issue 9 (Article 6: Right to Work) ............................................................................................... 12 Issue 9 (Article 6: Right to Work of Non-Regular Workers with Short-term Contacts) ............ 13 Issue 10 (Article 7: Right to fair and favorable working conditions) ......................................... 15 Issue 11 (Article 7: Right to fair and favorable working conditions) ......................................... 15 Issue 13 (Article 7: Violations of human rights of foreign trainees and technical interns)....... 16 Issue 13 (Article 7: Irregular foreign workers) ........................................................................... 17 Issue 14 (income gaps between men and women in the pension insurance schemes)............... 19 Issue 15 (problems in relation to pensions and older persons) .................................................. 21 Issue 15 (problems in relation to pensions and Korean residents who cannot receive pension benefits)......................................................................................................................... 22 Issue 16 (abuse of older persons) ................................................................................................ 24 Issue 17 (Article 10: Trafficking in persons)............................................................................... 25 Issue 19 (single mothers) ............................................................................................................ 26 Issue 19 (single older women) ..................................................................................................... 27 Issue 20 (older persons affected by the Great East Japan Earthquake) ................................... 28 Issue 20 (children affected by the Great East Japan Earthquake)............................................ 29 Issue 22 (Article 11: On the issue of homelessness) ................................................................... 31 Issue 23 (Article 12: workers’ rights infringed through radiation exposure in the work to bring the Fukushima Daiichi Nuclear Power Plant to stability) .......................................... 33 Issue 24&25 (Article 12: Right to Health) .................................................................................. 35 Issue 24&25 (Article 12: Right to Health of Medical services for foreigners, including undocumented workers and trainees).......................................................................... 37 Issue 27 (Article 13: Right to Education).................................................................................... 39 Issue 28 (Article 2:Non-Discrimination, Article 13: Right to Education) .................................. 43 Ⅱ General Issues...........................................................................................................54 1 Implementation of the ICESCR and mechanisms for the provision of remedies ................... 54 2 Ratification of other treaties concerned with the realization of human rights....................... 54 1 Ⅲ Great East Japan Earthquake, Nuclear Power Plant Disaster and ICESCR ...........................................................................................................................................54 Recovery/reconstruction, measures to deal with natural disasters and .................................... 54 the administration of nuclear power plants on the basis of human rights................................ 54 Nuclear power plant disaster and ICESCR................................................................................ 54 Rights of minorities and socially vulnerable people, including foreigners affected by the disaster ........................................................................................................................................ 55 Ⅳ Disadvantaged Groups............................................................................................55 1 Elderly persons......................................................................................................................... 55 2 Discrimination against Buraku people .................................................................................... 55 3 Rights of Foreigners ................................................................................................................. 57 4 The Ainu people........................................................................................................................ 61 5 The Ryukyuan/Okinawan people ............................................................................................. 62 6 Sexual minorities...................................................................................................................... 62 7 Women ...................................................................................................................................... 62 8 Children born out of wedlock ................................................................................................... 67 9 The problem of “comfort women” ............................................................................................. 68 Ⅴ Problematic Areas....................................................................................................68 1 Articles 7 and 8: Right to Work................................................................................................ 68 2 Article 9 : Social Security ......................................................................................................... 69 3 Article 10 : Protection of families and children ....................................................................... 69 4 Article 12: Right to Health ....................................................................................................... 69 5 Article 2, 13 & 14 : Right to education for Non-Japanese nationals....................................... 70 ANNEX.............................................................................................................................73 Right to education for Non-Japanese nationals（Article 2, 13 & 14）...................................... 73 2 I REPLIES TO THE LIST OF ISSUES BY JAPANESE NGOS Issue 1 (Implementation of the ICESCR in Japan) Main problems of the third periodic report of Japan It is noted as positive that the Government report adopts the formalities based on the reporting process, describing the “Responses to the previous concluding observations” in the chapter I. With regard to what is written in the chapter I as well as the following descriptions on the implementation of the ICESCR, however, we must regrettably repeat what was pointed out in our previous NGO report on the second periodic report more than a decade ago. Namely, the Government report is formalistic, only containing descriptions on the relevant legislation and institutions as well as some statistical data, without making it visible how and to what extent economic, social and cultural rights are protected as well as what challenges remain in this regard in Japanese society, where poverty and economic disparities are getting wider. The biggest reason is that the Government does not recognize these rights as legal ones and that even policy considerations are not given to the implementation of these rights. Similarly, since courts have considered that the ICESCR is not justiciable, it has hardly been used effectively in lawsuits. The public has little awareness of the ICESCR, too. On the other hand, it should be acknowledged that NGOS have not been very active in the implementation of the ICESCR compared to the cases of other human rights treaties. The Government explains, “In the process of preparing the third periodic report, a wide range of opinions from the general public was collected through the website, and meetings with NGO members and the general public were organized for consultations to take place”. Those opportunities were one-sided, however, far from being “constructive dialogue”. NGOs do not consider that our views are reflected in the Government report. The attitude of the Government toward the implementation of the ICESCR is
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