CCPR/C/JPN/CO/5
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The State party should establish an independent national human rights institution
outside the Government, in accordance with the Paris Principles (General Assembly
resolution 48/134, annex), with a broad mandate covering all international human
rights standards accepted by the State party and with competence to consider and act
on complaints of human rights violations by public authorities, and allocate adequate
financial and human resources to the institution.
10. While taking note of the State party’s explanation that “public welfare” cannot be relied on
as a ground for placing arbitrary restrictions on human rights, the Committee reiterates its
concern that the concept of “public welfare” is vague and open-ended and may permit
restrictions exceeding those permissible under the Covenant (art. 2).
The State party should adopt legislation defining the concept of “public welfare” and
specifying that any restrictions placed on the rights guaranteed in the Covenant on
grounds of “public welfare” may not exceed those permissible under the Covenant.
11. The Committee reiterates its concern about discriminatory provisions in the Civil Code
affecting women, such as the prohibition for women to remarry in the six months following
divorce and the different age of marriage for men and women (art. 2 (1), 3, 23 (4) and 26).
The State party should amend the Civil Code, with a view to eliminating the period
during which women are prohibited from remarrying following divorce and
harmonizing the minimum age of marriage for men and women.
12. The Committee notes with concern that, despite numerical targets for the representation of
women in public offices, women hold only 18.2 per cent of the seats in the Diet and 1.7 per cent
of Government posts at the level of directors of ministries, and that some of the numerical targets
set in the 2008 programme for accelerating women’s social participation are extremely modest,
such as the 5 per cent target for women’s representation in positions equivalent to directors of
ministries by 2010 (art. 2 (1), 3, 25 and 26).
The State party should intensify its efforts to achieve equitable representation of
women and men in the National Diet and at the highest levels of the Government and
in the public service, within the time frame set in the Second Basic Plan for Gender
Equality adopted in 2005, by adopting special measures such as statutory quota and
by reviewing numerical targets for women’s representation.
13. The Committee is concerned about reports that women hold only 10 per cent of
management positions in private companies and earn on average only 51 per cent of men’s
salaries, that women account for 70 per cent of informal workers and as such are excluded from
benefits such as paid leave, maternity protection and family allowance, are vulnerable to sexual
harassment owing to their unstable contractual situation, and that they are often forced to work
as part-time workers to sustain family life (art. 2 (1), 3 and 26).
The State party should take measures to promote the recruitment of women as
formal workers and to eliminate the gender wage gap, including (a) require all
companies to take positive action to ensure equal employment opportunities for
women; (b) review any deregulation of labour standards resulting in longer working