E/C.12/1/Add.67
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4.
The Committee also notes that the State party is the world’s largest donor in absolute
figures, allocating 0.27 per cent of its GNP to official development assistance (ODA), of
which 40 per cent is devoted to areas related to the rights contained in the Covenant.
5.
The Committee recognizes the significant role of the State party in promoting
international cooperation for the promotion of economic, social and cultural rights in the
context of international forums, such as the United Nations and the Organization for Economic
Cooperation and Development.
6.
The Committee notes with appreciation that the State party has begun to involve national
non-governmental organizations in the preparation of its report to the Committee.
7.
The Committee takes note that the State party is taking measures to promote gender
equality, and in 2000 formulated a Basic Plan for Gender Equality.
8.
The Committee welcomes the State party’s recent measures aimed at improving the
protection of women and children against violence: the Law for Punishing Acts Related to Child
Prostitution and Child Pornography and for Protecting Children (1999), the Law on Prohibition
of Stalking Behaviour and Assisting Victims (2000) the Child Abuse Prevention Law (2000) and
the Law on the Prevention of Spousal Violence and the Protection of Victims (2001). The
Committee also welcomes the amendments to the Criminal Procedure Act to protect victims
of child abuse and sexual offences during legal proceedings (2001), and the formulation of a
Plan of Action against Commercial Sexual Exploitation of Children (2001).
9.
The Committee takes note of the fact that the State party has made considerable efforts
to cope with the aftermath of the great Hanshin-Awaji earthquake in 1995, and that the national,
regional and local authorities have reacted quickly to create temporary, as well as permanent
housing for the vast number of persons affected.
C. Principal subjects of concern
10.
The Committee is concerned that the State party does not give effect to the provisions
of the Covenant in domestic law in a satisfactory manner, despite the fact that many of its
provisions are reflected in the Constitution. The Committee is also concerned that provisions of
the Covenant are not sufficiently taken into account in the process of legislation and policy
formulation, and are rarely mentioned in legislative or administrative proposals or in
parliamentary debates. The Committee further expresses concern about the fact that judicial
decisions generally do not make reference to the Covenant, on the mistaken ground that none of
its provisions has direct effect. It is a further matter of concern that the State party endorses that
position, thereby contravening its obligations under the Covenant.
11.
The Committee is particularly concerned that the State party has no intention of
withdrawing its reservations to articles 7 (d), 8 (2) and 13 (2) (b) and (c), of the Covenant, based
on the argument that the State party has to a large extent already achieved realization of the
rights enshrined in the aforementioned articles, whereas information received by the Committee
reveals that full realization of those rights is not yet guaranteed.