CCPR/C/JPN/CO/6
The State party should ensure that stereotypes regarding the roles of women and men
in the family and in society are not used to justify violations of women’s right to
equality before the law. The State party should, therefore, take urgent action to
amend the Civil Code accordingly.
9.
While welcoming the adoption of the Third Basic Plan for Gender Equality, the
Committee is concerned at its limited impact, in view of the low levels of women carrying
out political functions. The Committee regrets the lack of information regarding the
participation of minority women, including Buraku women, in policymaking positions. It is
concerned about reports that women represent 70 per cent of the part-time workforce and
earn on average 58 per cent of the salaries received by men for equivalent work. The
Committee is also concerned at the lack of punitive measures against sexual harassment and
the dismissal of women as a result of pregnancy and childbirth (arts. 2, 3 and 26).
The State party should effectively monitor and assess the progress of the Third Basic
Plan for Gender Equality and take prompt action to increase the participation of
women in the public sector, including through temporary special measures, such as
statutory quotas in political parties. It should take concrete measures to assess and
support the political participation of minority women, including Buraku women,
promote the recruitment of women as full-time workers and redouble its efforts to
close the wage gap between men and women. It should also take the necessary
legislative measures to criminalize sexual harassment and to prohibit and sanction,
with appropriate penalties, unfair treatment based on pregnancy and childbirth.
Gender-based and domestic violence
10.
The Committee regrets that, despite its previous recommendations, the State party
has not made any progress in broadening the scope of the definition of rape in the Criminal
Code, setting the age of sexual consent above 13 years and prosecuting rape and other
sexual offences ex officio. It notes with concern that domestic violence remains prevalent,
that the process to issue protection orders is too lengthy and that the number of perpetrators
who are punished for that offence is very low. The Committee is concerned by reports of
the insufficient protection provided to same-sex couples and immigrant women (arts. 3, 6, 7
and 26).
In line with the Committee’s previous recommendations (see CCPR/C/JPN/CO/5,
paras. 14 and 15) the State party should take concrete action to prosecute rape and
other crimes of sexual violence ex officio, raise without further delay the age of
consent for sexual activities and review the elements of the crime of rape, as
established in the Third Basic Plan for Gender Equality. The State party should
intensify its efforts to ensure that all reports of domestic violence, including in samesex couples, are thoroughly investigated; that perpetrators are prosecuted and, if
convicted, punished with appropriate sanctions; and that victims have access to
adequate protection, including through the granting of emergency protective orders
and preventing immigrant women who are victims of sexual violence from losing their
visa status.
Discrimination based on sexual orientation and gender identity
11.
The Committee is concerned about reports of social harassment and stigmatization
of lesbian, gay, bisexual and transgender persons and discriminatory provisions that
exclude same-sex couples from the municipally operated housing system (arts. 2 and 26).
The State party should adopt comprehensive anti-discrimination legislation that
prohibits discrimination on all grounds, including sexual orientation and gender
identity, and provides victims of discrimination with effective and appropriate
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