A/HRC/17/33/Add.3 development, education and health. Their parents should also receive adequate support, as provided by the law, including financial support at least at the same level as provided for Japanese children; (e) Central and prefectural governments should also increase their financial support to foreign schools. Moreover, in order not to discriminate among foreign schools, the Government should increase its subsidies to Korean, Brazilian, Peruvian, Filipino and other foreign schools and apply tax benefits, in order for them to receive the same support as other private international and Japanese schools. Finally, graduates of Democratic People’s Republic of Korea schools should be granted access to university access examination, as all other graduates from foreign schools; (f) Japan should increase its efforts to offer opportunities for migrants to learn Japanese. In addition to its own programmes, the Government should consider entering into a partnership with private companies employing migrant workers and encourage them to offer Japanese classes to their foreign employees or to contribute to a governmental fund that would finance such classes. 82. With regard to the detention of irregular migrants and asylum-seekers: (a) Clear criteria should be established to limit detention to cases where it is strictly necessary. Legislation should provide for alternatives to detention of migrants. The Immigration Control Act should be amended to introduce a maximum period of detention pending deportation. Under no circumstances, detention should be indefinite. The detention of sick persons, minors or parents of minors should be avoided; (b) Urgent measures should be adopted to improve the level of health care provided to migrants in detention centres; (c) Training and other awareness-raising activities for officers in charge of deportation procedures should be carried out in order to prevent violence during such procedures; (d) The Immigration Detention Facilities Visiting Committee should be given appropriate resources and authority to effectively monitor conditions of detention and respond to complaints in a timely manner;19 (e) To address discrimination against migrant women, a dedicated governmental department should be established and effective measures should be adopted. In particular, in case of separation of a Japanese-foreign couple, foreign spouses should not lose their residence permits exclusively on the basis of objections by their Japanese spouses. The judiciary should recognize and effectively guarantee the equal rights of foreign and Japanese spouses with regard to children’s custody and, in cases of domestic violence, where the victim is a foreign spouse, the rights of foreign victims should be better upheld. Statistics with regard to judicial decisions in this area should be compiled and appropriate studies undertaken in order to assess the situation of separated migrant spouses and their children and to adopt appropriate corrective measures. 19 With regard to detention irregular migrants and asylum-seekers pending deportation, the Special Rapporteur refers the Government to the concluding observations addressed by the Human Rights Committee to Japan in 2008 (CCPR/C/JPN/CO/5, para. 20) and the Committee on Torture in 2007 (CAT/C/JPN/CO/1, para. 14). 21

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