CCPR/C/79/Add.102
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Employment Opportunities Law, the Standard Labour Law, the Immigration Control
and Refugee Recognition Act, the Penal Code, the Child Welfare Law, the
Election Law and the Entertainment Business Law, and the draft bill aimed at
punishing Japanese nationals involved in child prostitution and child
pornography.
4.
The Committee notes with satisfaction the establishment, at
Cabinet level, of the Council for the Promotion of Gender Equality,
aimed at investigating and developing policies for the achievement of a
gender-equal society and its adoption of the Plan for Gender Equality 2000.
The Committee also notes the measures being taken by the human rights organs
of the Ministry of Justice to deal with the elimination of discrimination and
prejudice against students at Korean schools in Japan, children born out of
wedlock and children of the Ainu minority.
5.
The Committee welcomes the abolition of restrictions on women’s
eligibility to take the national public service examination, the abolition of
discriminatory compulsory retirement, and of dismissals on grounds of
marriage, pregnancy or childbirth.
C.
Principal subjects of concern and recommendations
6.
The Committee regrets that its recommendations issued after the
consideration of the third periodic report have largely not been implemented.
7.
The Committee stresses that protection of human rights and human rights
standards are not determined by popularity polls. It is concerned by the
repeated use of popularity statistics to justify attitudes of the State party
that may violate its obligations under the Covenant.
8.
The Committee reiterates its concern about the restrictions which can be
placed on the rights guaranteed in the Covenant on the grounds of “public
welfare”, a concept which is vague and open-ended and which may permit
restrictions exceeding those permissible under the Covenant. Following upon
its previous observations, the Committee once again strongly recommends to the
State party to bring its internal law into conformity with the Covenant.
9.
The Committee is concerned about the lack of institutional mechanisms
available for investigating violations of human rights and for providing
redress to the complainants. Effective institutional mechanisms are required
to ensure that the authorities do not abuse their power and that they respect
the rights of individuals in practice. The Committee is of the view that the
Civil Liberties Commission is not such a mechanism, since it is supervised by
the Ministry of Justice and its powers are strictly limited to issuing
recommendations. The Committee strongly recommends to the State party to set
up an independent mechanism for investigating complaints of violations of
human rights.
10.
More particularly, the Committee is concerned that there is no
independent authority to which complaints of ill-treatment by the police and
immigration officials can be addressed for investigation and redress. The
Committee recommends that such an independent body or authority be set up by
the State party without delay.