E/C.12/1/Add.67
page 6
39.
The Committee requests the State party to take note of its position that the principle of
non-discrimination, as laid down in article 2 (2) of the Covenant, is an absolute principle and can
be subject to no exception, unless the distinction is based on objective criteria. The Committee
strongly recommends that the State party strengthen its non-discrimination legislation
accordingly.
40.
While noting that the State party is currently in the process of consultations with
Koreans living in the Utoro area regarding their unresolved situation, the Committee
recommends that the State party continue to undertake necessary measures to combat patterns
of de jure and de facto discrimination against all minority groups in Japanese society, including
the Buraku people, the people of Okinawa and the indigenous Ainu, particularly in the fields of
employment, housing and education.
41.
The Committee urges the State party to remove the concept of “illegitimate children”,
which is unacceptable in a modern society, from legislation and practice, urgently to take
legislative and administrative measures to eliminate all forms of discrimination against
children born out of wedlock, and further to restore the Covenant rights of persons so affected
(arts. 2 (2) and 10).
42.
The Committee urges the State party to implement more vigorously existing legislation
and to adopt new legislation with an appropriate gender perspective, with a view to ensuring
greater equality of men and women, especially in the fields of employment, labour conditions,
wages and representation in higher positions in political representative bodies, public services
and administration.
43.
The Committee recommends that the State party provide detailed information and
statistical data on cases of domestic violence, sexual harassment and sexual exploitation of
children. The Committee also recommends that the State party apply strictly its domestic
legislation and implement effective sanctions to the persons responsible for such crimes.
44.
The Committee strongly recommends that the State party continue to address the issue of
de facto inequality between men and women regarding wages for work of equal value by more
actively implementing existing legislation, such as the Equal Employment Opportunity Law, and
relevant administrative and other programmes and policies, such as the guidelines concerning
employment management differentiated by career track, as referred to by the ILO, and by
adopting appropriate new measures to that effect.
45.
The Committee encourages the State party to consider ratifying ILO Conventions
Nos. 105, 111 and 169.
46.
The Committee recommends that the State party adopt the necessary legislative and
administrative measures to reduce working hours in both public and private sectors.
47.
The Committee recommends that the State party take measures to ensure that workers
over the age of 45 years maintain their previous levels of wages and job security.