CCPR/C/79/Add.102
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(c)
Lack of fair and open procedures for deciding on disciplinary
measures against prisoners accused of breaking the rules;
(d)
Inadequate protection for prisoners who complain of reprisals by
prison warders;
(e)
Lack of a credible system for investigating complaints by
prisoners; and
(f)
Frequent use of protective measures, such as leather handcuffs,
that may constitute cruel and inhuman treatment.
28.
The Committee is concerned that the Central Labour Relations Commission
refuses to hear an application of unfair labour practices if the workers wear
armbands indicating their affiliation to a trade union. Such an action
contravenes articles 19 and 22 of the Covenant. The Committee’s view should
be brought to the attention of the Central Labour Relations Commission.
29.
Despite the amendment to the Business Entertainment Law, traffic in
women and insufficient protection for women subject to trafficking and
slavery-like practices remain serious concerns under article 8 of the
Covenant. In light of information given by the State party on planned new
legislation against child prostitution and child pornography, the Committee is
concerned that such measures may not protect children under the age of 18 when
the age limit for sexual consent is as low as 13. The Committee is also
concerned about the absence of specific legal provisions prohibiting bringing
of foreign children to Japan for the purpose of prostitution, despite the fact
that abduction and sexual exploitation of children are subject to penal
sanctions. The Committee recommends that the situation be brought into
compliance with the State party’s obligations under articles 9, 17 and 24 of
the Covenant.
30.
The Committee continues to be gravely concerned about the high incidence
of violence against women, in particular domestic violence and rape, and the
absence of any remedial measures to eradicate this practice. The Committee is
troubled that the courts in Japan seem to consider domestic violence,
including forced sexual intercourse, as a normal incident of married life.
31.
The Committee, while acknowledging the abolition of forced
sterilization of disabled women, regrets that the law has not provided
for a right of compensation to persons who were subjected to forced
sterilization, and recommends that the necessary legal steps be taken.
32.
The Committee is concerned that there is no provision for training
of judges, prosecutors and administrative officers in human rights under
the Covenant. The Committee strongly recommends that such training be made
available. Judicial colloquiums and seminars should be held to familiarize
judges with the provisions of the Covenant. The Committee’s general comments
and the Views expressed by the Committee on communications under the
Optional Protocol should be supplied to the judges.