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Seventh and Eighth Periodic Reports of States Parties Due in 2014, Japan” Proposed questions by the Japan Federation of Bar Associations that should be included in the List of Issues on the “Seventh and eighth periodic reports of States parties due in 2014, Japan” Article 1 Definition of Discrimination against Women Section 1 Definition of Discrimination against Women (See page 7 of the Report by the Japan Federation of Bar Associations, INT_CEDAW_NGO_JPN_20500_E, hereinafter referred to as “See page X”) Please report on what concrete steps were taken to address the Committee’s request in the previous Concluding Observation, “to take urgent steps to incorporate the Convention and the definition of discrimination against women, as contained in article 1 of the Convention, fully into domestic legislation and to report on progress made in this regard in its next periodic report.1” Article2 Legislative and Other Measures for Policies to Eliminate Discrimination Section 1 The Status of the Convention (See page 9) A1. Please indicate the Japanese government’s position whether it supports the view that treaties concluded by Japan have the effect of domestic law with legally binding force, and that the substantive provisions of the Convention that are self-executing can be applied by the courts. If the government supports these views, please identify the articles it considers are self-executin A2. Please provide information on whether there are any Supreme Court judgments that recognize application of the Convention itself. Please indicate when and by what process the government plans to realize the individual communication system including the Optional Protocol of this Convention. Also, please identify concrete obstacles to and unsolved issues to be discussed on the inability in realizing the individual communication system in spite of repeated recommendations from the UN treaty bodies including the UN Committee on the Elimination of Discrimination against Women (hereinafter, the Committee), as well as when and how the problems can be solved. A3. Regarding a national human rights institution consistent with the Principles relating to the status of national institutions (hereinafter, Paris Principles) a draft Bill on the Establishment of a Human Rights Commission (hereinafter, Human Rights Commission bill) was submitted, but was later abandoned. 1 CEDAW, “Concluding observations of the Committee on the Elimination of Discrimination against Women”, (CEDAW/C/JPN/6, August 7, 2009), Para.22, http://tbinternet.ohchr.org/_layouts/treatybodyexternal/Download.aspx?symbolno=CEDAW/C/JPN/CO/6 &Lang=En Since then there has been no progress in the legislation of a law forming the basis of a national human rights institution. Please indicate whether the government has the intention to establish such an institution, and if it does, please provide information on concrete schedules for establishing the institution. Section 2 Minority Women (See page 11) A1. Please provide information on the situation of minority women in Japan, in particular, the results of the statistical survey on education, employment, health, social welfare, and effects of violence. If such surveys have not been conducted, please explain about concrete plans for conducting such surveys. A2. The Specialist Committee on Basic Issues and Gender Impact Assessment and Evaluation2 of the Japanese Government expressed its views that “when considering a policy for measures mainly for so-called minority groups, it is necessary to pay attention to a balance between men and women in selecting representatives, as well as making efforts to ensure that the parties concerned can participate in discussions at conferences and other opportunities.” Please explain how the view is actually implemented, by showing concrete numbers. A3. Please indicate the existence as well as the impact of concrete measures to evaluate and support political participation of minority women. If such measures are not yet taken, please clarify the concrete schedules for such measures. Section 3 Sexual Minority Women A1. Please explain the plans for the protection from violence and discrimination based on sexual orientation and gender identity in providing protection from violence, treatment in criminal institutions and recognition of refugee status, for improving measures in order not to discriminate or revising those that have the effect equivalent to discrimination based on sexual orientation and gender identity in providing protection from violence and discrimination, as well as on measures that protect same-sex couples from exclusion from protection under Act on the Prevention of Spousal Violence and the Protection of Victims (hereinafter, the Spousal Violence Act). A2. Are there plans to prohibit discrimination based on sexual orientation and gender identity in all areas including employment, housing, social security, education and public health, as well as to introduce legislation to that end? A3. Please explain how education and training is conducted for administrative officers, judges, teachers and others in related professions for the purpose of eliminating discrimination based on sexual orientation and gender identity. 2 Specialist Committee on Basic Issues and Gender Impact Assessment and Evaluation, http://ww w.gender.go.jp/kaigi/senmon/kansi_senmon/index.html 1 A. Summary of the Relevant Information from the 7th and 8th Periodic Report of Japan (CEDAW/C/JPN/7-8) 1. There are no specific reports on this matter. B. Current Situation and Issues 2. The scope of application of the protection order under the Spousal Violence Act was extended to include violence by intimate partners who share a principal residence, but the Japanese government has not made explicit whether same-sex intimate partners may be included. Also, there are few administrative instruments on protection and assistance for same-sex couples, and it is difficult for victims of violence by same-sex partners to use shelters. Access by same-sex couples to the system for protection from spousal violence is not fully ensured. 3. Although there are no laws actively promoting discrimination based on sexual orientation and gender identity, because discrimination and exclusion based on sexual orientation and gender identity is not prohibited, such discrimination is left unchecked. Sexual minorities have difficulty in exercising their social rights and are excluded from employment and education, due to discrimination, such as; being targeted for bullying, as there is no education on sexual orientation in the area of education, being unable to cope and being compelled to resign or be dismissed, as there is no understanding of discrimination based on sexual orientation in employment, and not being able to access medical institutions, as understanding on sexual orientation and gender identity is also low in these institutions. There is mention of sexual minorities in the measures against suicides, projects for social inclusion and the basic plan for gender equal society, but in substance they remain matters to be considered, rather than form concrete obligations. Moreover, these do not amount to a prohibition of discrimination and improvement of status in all areas. Because the systems such as those for social security and protection from domestic violence are designed with heterosexual persons in mind, LGBTIs are excluded from using the systems. 4. People with sexual identity disorder, who are detained in criminal institutions should be treated with respect to their sexual identity. Currently, consideration is given to their sexual identity, but their treatment remains insufficient. 5. Moreover, in the second round of the Universal Periodic Review of the UN Human Rights Council, Japan has been recommended to strengthen the protection from discrimination based on sexual orientation3. 3 HRC, “Outcome of the Universal Periodic Review: Japan”, A/HRC/22/14, December 14, 2012, Para.147.34, http://www.ohchr.org/Documents/HRBodies/HRCouncil/RegularSession/Session22/AHR C2214_English.pdf 2 Section 4 Training for he Members of the Judiciary and other Legal Professionals A. Proposed Questions for List of Issues A1. Regarding training on the Convention for judges and public prosecutors, please provide information on the specific contents of the training, including the attributes of the trainees, specific contents of the training, hours used for training, and frequency. A2. Please provide information on the specific contents of efforts made to raise the awareness of the members of the judiciary and other legal professionals for the Convention and the General Recommendations issued by the Committee. A3. Please provide information on cases in which the Convention was invoked and referred to in domestic courts as well as the results of the cases. B. Summary of the Relevant Information from the 7th and 8th Periodic Report of Japan (CEDAW/C/JPN/7-8) 6. The Report states that training on international human rights treaties and human rights of women is provided for public prosecutors and judges4. C. Current Situation and Issues 7. According to the government Report, the training that is provided continues to be general training on international human rights and human rights of women, and is hardly training along the lines of the previous recommendations. 8. The judiciary has an important function to ensure human rights as well as to realize the human rights of the people. In order for the judiciary to function properly, the trust of the people in the judiciary is crucial. To maintain the trust in the judiciary, it is necessary for the members
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