I. GENERAL FRAMEWORK WITHIN WHICH THE COVENANT IS IMPLEMENTED
[Answer.]
1. Referring to related parts in General Comments No.9, we consider the meaning of "justiciable" to be appropriate or suitable for review by the Court. If this understanding is correct, in Japan, as referred to in its first and second periodic reports, the Constitution of Japan, various laws, regulations, etc. guarantee the rights referred to in the Covenant and the Court has the authority of interpret and apply each article of the Constitution of Japan and these laws and regulations according to each case. The Government, therefore, is not in a position to make a judgement whether the rights based on the Constitution, laws or regulations are justiciable or not. And the Court settles specific cases whose point of issue are the rights referred to in the Covenant, with reference to the meanings of articles of the Covenant, based on related articles of the Constitution of Japan and various laws and regulations. Until today, the Government is not aware of any case in which the Court directly adjudicated what kind of rights are effectively justiciable among the rights referred to in the Covenant and guaranteed by the Constitution of Japan.
2. (1) There are the following cases regarding social security.
In the case in which a foreign national demanded the revocation of the rejection of a welfare application by the director of a welfare center the claim was dismissed on the ground that the Livelihood Protection Law is interpreted to be applicable to only Japanese nationals and if so interpreted, the Law does not violate articles 25 and 14 (1) of the Constitution and the relevant provisions of the Covenant. This judgment held that the provision dealing with equality under the law of article 14 (1) of the Constitution "has the intention of prohibiting discrimination without reasonable causes and should be interpreted as making distinction of legal treatment based on each person's difference in economic, social and other various facts does not violate the above provision as long as that distinction is reasonable" and "the provision of the Covenant dealing with equality also has the intention of prohibiting discrimination without reasonable causes and should be interpreted as the distinction of legal treatment based on each person's difference of economic, social and other various facts does not violate the above provision as long as the distinction is reasonable." (Tokyo High Court, April 24, 1997)
(2) As for the right to work, please refer to the answer to Question 8.
[Question2.] Please explain the necessity of maintaining reservations to articles 7 (d), 13 (2b)and 13 (2c) of the Covenant. Please provide the time-frame within which Japan plans to withdraw these reservations.
1. Reservation to article 7 (d)
(1) In applying article 7 (d) of the Covenant, Japan reserves the right not to be bound by the provision, "remuneration for public holidays." The Government of Japan considers that under the following circumstances whether to pay employees for public holidays or not is a matter to be decided between employers and employees, and that it is not appropriate to require payment of such remuneration by legislation.
(a) In Japan there are few labour agreements, rules of employment, etc. stipulating that remuneration should be paid for public holidays when no actual labour is offered. Therefore, there is no consensus in the society on payment of remuneration for public holidays.
(b) About 82% of companies are still open for business on some of public holidays. (General Survey on Wages and Working Hours System: 1996)
(2) If the practice to pay remuneration for public holidays is established in the future, there is a possibility of reconsidering this reservation. At the moment however, there is no consensus in the society to lead the Government to establish such practice.
2. Reservations to articles 13 (2b) and 13 (2c)
(1) As for the expenses relating to the upper secondary education and higher education after compulsory education, it is the policy of the Government of Japan that students of public schools are required to pay a reasonable share from the viewpoint of equalizing the payment burden between those who are enrolled in and benefit from the upper secondary education and higher education and those who are not.
In Japan, since a high percentage of students attend private schools for their higher education, it is difficult to adopt a policy of free higher education.
However, in order to realize equal opportunity for receiving the upper secondary education and higher education, the scholarship is provided and measures are taken to reduce and exempt school tuition for students having difficulty in attending schools for a financial reason.
(2) Therefore, in applying the provisions of article 13 paragraphs 2 (b) and 2 (c) of the Covenant, Japan reserves the right not to be bound by the provision, "in particular the progressive introduction of free education."
[Question3.] Please indicate in what way non-governmental organizations contributed to the preparation of the report, and whether the report has been distributed to the general public.
(About the contribution of NGOs)
Prior to the forthcoming consideration, in January this year the Japanese Government held a meeting in which 26 persons from 8 Ministries and Agencies of the Government and 29 of 20 NGOs participated. The Government listened to the outline of NGO reports and their requests for the Government's reply to the list of issues, and provided information about the preparation of the Government for the consideration.
The Government has the intention of building a constructive relationship with NGOs through organizing meetings for exchange of opinions aiming at effective implementation of the Covenant.
(About the distribution of the report)
The second report of the Government was distributed to members of the Diet concerned, people having interest, NGOs and so on free of charge at the same time as the submission to the United Nations in August 1998.
In addition, the Ministry of Foreign Affairs published the above mentioned report, the Covenant together with its preparation process both of which are available on the Official Website both in Japanese and English.
[Question 4.] Please indicate whether the Government of Japan is planning to draw up a national plan of action for human rights, as recommended in paragraph 71 of the Vienna Declaration and Program of Action of 1993.
1. We have no plan to draw up a national plan of action for the promotion and protection of human rights at this stage. However, we have been seriously making efforts for the protection of human rights through the establishment and improvement of various laws and systems and through the dissemination of human rights ideas. The Government intends to step up such efforts in order to realize a society where the human rights of all people are respected.
2. With regard to human right education and awareness raising, which is one of the important measures for the protection and promotion of human rights, "the Headquarters for the Promotion of the United Nations Decade for Human Rights Education," headed by the Prime Minister, was established by Cabinet decision in December 1995, in order to ensure the close cooperation of relevant ministries and agencies and to ensure comprehensive and effective promotion. The Headquarters drew up a national plan of action concerning "the UN Decade for Human Rights Education" in July 1997.
3. The national plan of action, itemizes the promotion of human right education on all available occasions, including enhancement of training for those engaged in special occupations, measures to deal with important issues concerning women, children, the aged, the disabled persons, "Dowa" problem, Ainu people, foreigners, persons with HIV and other infectious diseases and those released from prison after completing their term of imprisonment, and the promotion of international cooperation. The relevant ministries and agencies concerned are now implementing relevant measures.
[Question 5.] Please indicate the position of the Government of Japan concerning an optional protocol to the International Covenant on Economic, Social and Cultural Rights, as recommended by the World Conference on Human Rights.
The Government of Japan will continue examining the optional protocol to the International Covenant on Economic, Social and Cultural Rights from various point of views, including the significance of its elaboration.
[Question6.] In its international economic relations, especially in the field of international trade and investment policy formulation, to what extent does the Government take into account its obligations under the Covenant, particularly under articles 2 (1), 1 (1)and 22?
1. Japan is positively engaging in international assistance and cooperation activities provided in the Covenant. Some examples of Japan's Official Development Assistance policy principles pertinent to the Covenant are as follows:
2. One of the principles of Japan's Official Development Assistance Charter is that "full attention should be paid to efforts for promoting democratization and introduction of a market-oriented economy, and the situation regarding the securing of basic human rights and freedoms in the recipient country" and Japan is contributing to the actual enhancement of the protection of human rights through cooperation for institution building and legal systems in the field of human rights, and developing human resources development, from the point of view that ODA cooperation to economic and social development that are the basis of promoting various human rights are also important. The followings are some of Japan's actual assistance activities.
(1) In extending assistance to Asian countries under economic crisis, Japan recognizes the importance of support to the socially vulnerable. Upon this recognition Japan has implemented such assistance programs that address job creation, basic human needs (BHN), such as improved health-care services, agricultural sector development, and establishment of social safety nets.
(2) As for assistance to Africa, the Second Tokyo International Conference on African Development (TICAD II) convened in Tokyo in October 1998 and the Tokyo Agenda for Action was adopted. The Agenda selected gender issues and the environment as cross-sectoral subjects for the development of Africa and articulated priority policies and plans of action including specific targets in the field of education, health care and population, and social development to assist the poor. Japan decided to contribute \90 billion in grant assistance over the next five years in the field of primary education, health and medical services and water supply sectors as new initiative for Africa based on the above mentioned plan of action. It is anticipated that this assistance will provide new educational facilities for more than 2 million children throughout Africa, and will improve living conditions for more than 15 million citizens.
(3) As for assistance to women in developing countries, Japan adheres to the idea of WID (Women in Development) that due considerations must be given and attentions paid to the important role and status of women in development assistance. Acting on this basic policy, Japan announced its "WID Initiative" in 1995 at the fourth World Conference on Women in Beijing. The initiative expresses Japan's intention to devote attention to the task of closing gender disparity and empowerment of women in society. Japan will also endeavor to increase WID-related development assistance, with priority placed on education, health, and participation in economic and social activities. Japan has engaged actively in projects in which women will reap the primary benefit: for example, the construction of vocational training centers, the provision of vocational training and literacy education, and cooperation in maternal and child health care.
(4) As for development assistance in the environmental field in developing countries, Japan is of the view that in addition to conventional environmental measures, it will be important to encourage the formation of industrial societies that devote enough attention to the environment during their developmental stages, particularly to ensure that they do not experience the newest wave of environmental problems now confronting many of their industrialized counterparts. Based on its "Initiatives for Sustainable Development Toward the 21st Century," a comprehensive medium- to long-term plan for environmental cooperation, the Government of Japan is working for various programs and in FY1999 its ODA in the environmental field accounted for 33.5% (\535.7 billion) of the total in ODA committed that year.
(5) As for development assistance in the field of agriculture, a perspective of participatory development is important for the implementation of agricultural development in order to accurately meet the needs of local population, especially those who work in the agricultural sector. The Government of Japan has implemented a variety of undertakings including the Integrated Agricultural and Rural Development Project in Southeast Sulawesi Province in Indonesia and the Rural Development Project in the Region South of Pilar in Paraguay. And the Government has been assisting in environmentally sustainable forms of agriculture to cooperate in the formulation of projects for sustainable agriculture and rural development. For example, to explore the possibility of sustainable agriculture by combining traditional as well as modern agricultural methods, (e.g. land use, water management) the Government of Japan is implementing the Small-Scale Irrigated Agriculture Promotion Project in the Republic of Ghana and assisted in the Study for the Plan to Combat Desertification in Tillabery Prefecture in the Republic of Niger, whose objective is to improve living standards and to foster sustainable agriculture and forestry while combating desertification.
Article 2 (2): Non-discrimination
[Question7.] Please provide more detailed information on the situation of the Buraku (Dowa), Ainu, Wiruta, Nibuhi and Kyukyu peoples, and the Korean and other foreign residents in Japan.
1. Article 14 (1) of the Constitution of Japan stipulates that "All of the people are equal under the law and there shall be no discrimination in political, economic or social relations because of race, creed, sex, social status or family origin" and guarantees equality under the law. Therefore, the Japanese nationals are equally guaranteed their fundamental human rights. In light of the spirit of the Constitution that enshrines the respect for fundamental human rights and international collaboration as its basic ideas, foreigners are also guaranteed fundamental human rights except those rights applicable in nature only to the Japanese nationals such as the right to vote. Japan is making its effort to equally guarantee rights acknowledged in the Covenant to foreigners.
2. Based on the three Special Treatment Laws, the Government has actively promoted various measures concerning the Dowa problems for the past 30 years aiming at the settlement of the problems.
According to the fact-finding survey in the Dowa Districts carried out by the then Management and Coordination Agency in 1993 (hereinafter called "the fact-finding survey"), the total of expenditure by central, prefectural and municipal community investment measures between FY1969 and FY1993 is estimated to approximately over \13 trillion.
According to the fact-finding survey, the total population of people in Dowa Districts was 892,751 from 4,442 districts reported among 4,603 districts. The ratio of human rights violation in Dowa Districts simply because they are from Dowa districts is high, and people whose human rights were violated within 5 years account for 21.8%, which means 7% of all cases. (See Appendix 1)
3. The Human Rights Organs of the Ministry of Justice regularly conducts public awareness raising activities in order to eliminate discrimination against the Buraku (Dowa) and Ainu peoples as well as foreign residents in Japan including the Korean people. In addition, during Human Rights Week (December 4 to 10 annually) they carry out national public awareness raising campaign with the slogans such as "Eliminate discrimination against Buraku," "Deepen your understanding of Ainu people" and "Raise consciousness of human rights fit for the internationalized era" through public awareness raising activities on the street, lectures, displaying posters and distributing leaflets. Also the Human Rights Organs of the Ministry of Justice broadly give consultation services on human rights issues and if they recognize a suspected of the violation of human rights, they investigate whether there is a violation or not and when the fact of violation is recognized, they take appropriate measures suitable for the case and promote human rights protection by educating parties concerned on the idea of respecting human rights throughout the whole process from investigation to the final settlement of the case.
The number of cases of human rights violation relating to the Dowa problems handled by the Human Rights Organs of the Ministry of Justice in 1999 are as follows:
Based on the result of the Survey on the Hokkaido Utari Living Conditions (See Appendix 2), the government of Hokkaido Prefecture works to improve the living standard of the Ainu people, to redress the imbalance with other Hokkaido residents by means of the "Hokkaido Utari Welfare Measures" which have been implemented four times since 1974. These measures include the promotion of education and culture, the maintenace of livelihood opportunities, and the promotion of industries. For example, the government offers entrance allowances and grants (loans for college students) to encourage Ainu students to attend high school and college to eliminate the existing gap in educational opportunities between the Ainu and other residents.
The Government held the "Joint Meeting of Related Ministries Engaged in the Hokkaido Utari Measures" in 1974 to cooperate with and promote the above-mentioned measures led by the government of Hokkaido Prefecture. Thus, the Government of Japan ensures close cooperation among the related administrative organs to obtain sufficient budget for the Hokkaido Utari Welfare Measures.
5. Although it is not clear that the Kyukyu people pointed out in the list of issues means people who have been living in Okinawa from old times, as mentioned in paragraph 1 above, naturally the same rights as people living outside Okinawa are guaranteed to people living in Okinawa as the Japanese nationals.
Appendix 1
1. History of legislation relating to Dowa (community investment) measures
1969 Enactment of Special Measures Law for Dowa (legislation effective for 10 years)
1979 Extension of the Law for 3 years
1982 Enactment of Special Measures Law for Community Investment (legislation effective for 5 years)
1987 Enactment of Law for Special Financial Measures concerning Specific Community Investment (legislation effective for of 5 years)
1992 Partial amendment of Enactment of Law for Special Financial Measures concerning Specific Community Investment (A part of the undertakings were extended for another 5 years)
1997 Partial amendment of Enactment of Law for Special Financial Measures concerning Specific Community Investment (5 year's temporary measures were taken for part of the undertakings)
2. Undertakings for Dowa (community investment) measures
Improvement of the living environment
Development of industries
Stability of employment
Fulfillment of education
Enhancement of activities for human rights protection
Promotion of social welfare
3. The fact-finding survey carried out in Dowa Districts in FY1993 (excerpt)
(1) The total expenditure for measures for community investment after FY1969 (approx.)
(2) Households and population (national level)
(3) Number of respondents on whether there exist some violations of human rights or not (per national and regional block and per municipality)
Marriage 24.2%
Employment 6.8%
School 16.4%
Relationship at the workplace 21.2%
Everyday life 23.6%
Others 7.2%
Unknown 0.7%
Summary of the Results of the Survey on the Hokkaido Utari living Conditions
October 1999
1. Population
2. Number of households
3. Ratio of livelihood assistance
4. Ratio of students going to higher stage of education (High School)
5. Ratio of students going to higher education (college)
6. Average incomes per household (annual)
7. Results of the questionnaire
(1) Measures that seem important in the future (%)
(2) The pros and cons of measures for the Ainu people (%)
For the purpose of this survey "Ainu" means "those who seem to be descended from Ainu in communities or those who are in the same households with them by marriage or adoption." However, those who seem to be descended from Ainu but refuse to admit it are not included in this survey.
[Date of the survey]
October 1, 1999 (published in March 2000)
[Items of the survey]
1. Municipal survey: survey of population, the number of workers, life and education and so on in municipalities in which the Ainu people are living
2. District survey: survey of population, livelihood assistance and taxation in districts of municipalities in which the Ainu people are living
3. Household survey: interview of 300 households of random sampling about family, income and so on
4. Questionnaire: questionnaire for over-15-years-old members of households on which the household survey was conducted
[History of the survey]
Similar survey was conducted in 1972, 1979, 1986 and 1993.
About discrimination against the Ainu people
For the question of "Have you experienced some kind of discrimination recently (within 6 or 7 years)?" as Table 1 shows, 12.4% answered "Yes," 15.7% answered "No, but I know someone who has" and 48.4% answered "No."
For the question of "In what situation have you experienced discrimination?" asked to those who answered "Yes" or "No, but I know someone who has" as Table 2 shows, the most common answer was "At school" accounting for 46.3%, those who answered "About marriage" accounted for 25.4% and both "At workplace" and "About relationship" accounted for 9.5%.
Table 1 "Have you experienced some kind of discrimination recently (within 6 or 7 years)?
Table 2 "In what situation you have experienced discrimination?
* Multiple answers.
Furthermore, for the question of "What kind of discrimination did you or someone you know experience?" asked to those who answered "Yes" or "No, but I know someone who has," answers were roughly divided as in Table 3. The most common answer was "Called Ainu and mocked" accounting for 9.5%, 6.9% answered "Contact or marriage was rejected because of being Ainu" and 1.0% answered "Physical characteristics or looks were pointed out."
Table 3 "What kind of discrimination did you or someone you know experience?
For the question of "How do you think discrimination can be eliminated?" asked to those who answered, "Yes" or "No, but I know someone who have" were asked, answers were roughly divided as in Table 4. The most common answer was "Having proper education in society and at schools" accounting for 3.0% and both "Promoting understanding through enlightenment activities" and "It depends on how the Ainu people feel themselves" accounted for 2.0%.
Table 4 "How do you think discrimination can be eliminated?
[Question8.] Please explain the judicial practice in Japan in implementing constitutional and legal provisions regarding the prohibition of discrimination against women.
Judicial decisions regarding the prohibition of discrimination by gender are as follows:
1. The judgment of the third petty bench of the Supreme Court dated March 24, 1981
A case in which the part of the rules of employment that stipulates the retirement age for men as 60 years old and for women as 55 years old means the retirement age for the women is earlier than that for men became null according to the provision of Article 90 of the Civil Code because that part means the retirement age for the women is earlier than that for men and therefore stipulates irrational discrimination based on gender.
Article 90 of the Civil Code
A juristic act which has for its object such matters as are contrary to public policy or good morals is null and void.
2. The judgment of Osaka District Court dated July 28, 1999 (became final)
A case in which the defendant established wage differentials solely based on gender; the court held the act of the defendant unlawful because it is regarded as nothing but gender discrimination, and the court ordered to compensate the damages.
The plaintiff worked for the defendant company from April 1965 to June 1995 (in charge of products from June 1979 and given chief status since April 1991). The plaintiff alleged that the discrimination regarding raise in salary she suffered due to being a woman was an unlawful act or default on obligations set by the rules of employment and demanded payment for damages equivalent to the difference between the average wage of male employees who joined the company in the same year and did the same type of work and the wage actually paid to the plaintiff and compensation for the discrimination.
[Summary of the decision]
Among college graduates the defendant employed, all men in the key occupation (MR=Medical Representative) category in the work-oriented wage system, while it temporarily employed some women in the key occupation category but most women in the assistant category, which must be considered as distinction by gender. But the work of MRs is acknowledged as substantially harder because those who work for MRs are in charge of hospitals, work irregular hours and can not be relocated. And considering that the company inquired about her wishes when it hired the plaintiff and that some women who joined the company in the same year were hired as MRs, such distinction described above cannot be acknowledged as irrational discrimination by gender.
However, since the defendant changed the plaintiff's occupation category and made her in charge of products in June 1979, in principle it should pay her an equal wage if it makes her work in an equal quantity and quality as those in charge of products. Therefore, considering that there was a significant difference from the average wage of the five men in the key occupation category who joined the company in the year time as her, the obligation to correct such difference arose and the difference remained by not fulfilling such obligation should be considered an irrational difference. Although the defendant can be said to have tried to correct such difference by a pay raise between 1980 and 1982, in the end it was not corrected. According to the above, the difference of wage of this case was caused by the distinction of occupation categories by gender at the time of employment and the difference arisen by not fulfilling the above obligation should be considered an irrational one caused by the difference between men and women, namely keeping the plaintiff's wage low only because she is a woman should be evaluated as discrimination by gender.
As for the plaintiff's promotion to chief status, there is a strong suspicion of irrational discrimination because she is a woman, so the delay of the above promotion cannot be the reason not to fulfill the obligation to correct the difference.
(Because the defendant's unlawful act of negligence was acknowledged and it is appropriate to calculate the amount of wages that should have been paid to the plaintiff without discrimination as 90% of the average wage of the five men who joined the company in the same year as her, the Court ordered payment of 29,886,400 yen as the compensation based on the unlawful act as well as the annual rate of 5% of the compensation for its delay for the period between October 7, 1995 and the day the proper amount of payment is completed.)
Article 3: Equal rights of men and women
[Question9.] Please indicate the situation in Japan regarding the equal rights of men and women to the enjoyment of the rights contained in the Covenant.
1. The idea of equality between women and men is clearly stipulated in the Constitution of Japan and the principle of equality between women and men is legally established by the Basic Law for a Gender-equal Society, the Law on Securing, Etc. of Equal Opportunity and Treatment between Men and Women in Employment and so on.
(1) The Basic Law for a Gender-equal Society was promulgated and enforced in June 1999 as a framework to comprehensively and systematically promote the creation of a Gender-equal society in which women and men respect the other's human rights and share their responsibilities, and every citizen is able to fully exercise their individuality and abilities regardless of gender.
This Law sets out the basic principles with regard to formation of a Gender-equal society, clarifies the responsibilities of the State and local governments and the citizens, and also stipulates provisions to form the basis of policies related to promotion of formation of such a society.
On December 12, 2000 the Cabinet approved "the Basic Plan for Gender Equality," the first plan based on the Basic Law for a Gender-equal Society.
This Plan calls for the comprehensive and systematic establishment and promotion of policy that should be adopted by the Government. To put it concretely, the plan raises eleven important objectives (See Appendix) and describes the direction of long-term measures up to 2010 for each of them. It also describes concrete measures to be implemented by the end of fiscal year 2005.
(2) The revised Law on Securing, Etc. of Equal Opportunity and Treatment between Men and Women in Employment was enforced in April 1999 and the Government is making its efforts to enlighten, give guidance to and support companies and workers to realize employment management in line with the purpose of the law. (See the answer to Question 14.)
In addition, we have just laid down the Basic Policy on Measures for Equal Employment Opportunities for Men and Women for the working period of 2000 to 2004 concerning basic issues related to policies for ensuring equal employment opportunity based on Article 4 of the Law.
These policies include those matters that particularly have relevance to the Covenant such as the implementation of equal employment opportunity, the promotion of positive actions for the development of women's abilities, measures for the prevention of sexual harassment and so on.
(3) The Human Rights Organs of the Ministry of Justice conduct public awareness activities such as lectures and symposia, TV and radio broadcasting, the distribution of pamphlets and leaflets and so on in order to let the general public recognize the importance of respecting human rights including women's rights, which certainly have been contributing to the prevention of problems concerning the rights of women. In addition to these regular public awareness activities, they carry out various activities for human rights promotion during Human Rights Week (December 4 to 10 annually) setting "Raise the status of Women" as one of the priority themes of national public awareness campaign. They carry out national public awareness campaign in the street and holding lectures on the Day of Human Rights Volunteers (June 1 annually) in order to eliminate discrimination against all people including women.
Also they have been trying to realize equal rights of women and men by fulfilling counseling and protection systems for women through measures such as the establishment of special counseling rooms for women and special hot lines called "Women's Rights Hotline" at (Distinct) Legal Affairs Bureaus across the country.
2. Equal rights between women and men are guaranteed as above but the differential still exists. However, such differential is being diminished through the efforts of the Government.
(1) As for education, the ratio of girls who go to high school was 97.7% in 2000 (96.3% in case of boys) exceeding the ratio of boys since 1969. The ratio of girls who go to college and junior college also has been increasing and reached 48.7% compared with 49.4% in case of boys. The ratio of girls who go to college was only 31.5% and 47.5% for boys in 2000. There is still a gap between girls and boys but such gap is diminishing.
(2) In 1999 labour force participation rate of women was 49.6% and the unemployment rate was 4.5% (4.8% in case of men). The ratio of female employees among all employees also has been increasing and reached 39.7% in 1999.
As for wages, looking at standardized cash earnings of workers based on the same conditions regarding length of service, age and educational background (workers who joined companies immediately after graduation and have worked for the same companies) in 1999, in case of college graduates, the ratio of wages of men to women was 100:95.2 for 20 to 24 years of age and the ratio for 50 to 54 years of age is 100:80.4, which is the largest disparity among different age groups.
1. Expand women's participation in policy decision-making processes
2. Review social systems and practices and reform awareness from a gender-equal perspective
3. Secure equal opportunity and treatment in the field of employment
4. Build partnerships in agricultural, forestry and fishing villages
5. Support women and men's efforts to harmonize work with their family and community life
6. Develop conditions that allow senior citizens to live with peace of mind
7. Eliminate all forms of violence against women
8. Support lifelong health for women
9. Respect women's human rights in the media
10. Promote gender equality to facilitate diversity of choice through enrichment of education and learning
11. Contribute to the Equality, Development and Peace of the global community
[Question 10.] The Committee would be interested to hear about developments regarding women in posts of public responsibility during the last five years.
1. The ratio of female members of the Diet to the total number of Diet members rose from 4.6% in October 1996 to 7.3% in June 2000 in the House of Representatives and from 13.5% in July 1995 to 17.1% in April 2000 in the House of Councilors.
In prefectural assemblies, the ratio of female members rose from 4.4% in 1996 to 6.2% in 1999.
A female governor was elected in Osaka Prefecture in February 2000 and in Kumamoto Prefecture in April the same year.
2. The ratio of women to the total number of the persons who passed Level I of the national civil service examination (university graduate level) increased from 13.8% in fiscal 1996 to 16.0% in fiscal 2000. The ratio of women to the total number of persons who passed Level II examinations (university graduate level) decrease from 26.1% in fiscal 1996 to 24.6% in fiscal 1999. The ratio of women to the total number of persons who passed Level III examinations (high school graduate level) increased from 40.0% in fiscal 1996 to 40.3% in fiscal 1999.
3. As for national civil servants, the ratio of women in Salary Schedule for Administrative Service (?) rose from 16.7% in fiscal 1996 to 17.1% in fiscal 1998. The ratio of female workers in central ministries and agencies at the Deputy Director level or above ranked Grade 9 or above in the Salary Schedule, or who are in Salary Schedule for Designated Service rose from 1.0% in fiscal 1996 to 1.1% in fiscal 1998.
4. With regard to the appointment of women as members of national government's advisory councils, in May 1996, the Headquarters for the Promotion of Gender Equality determined the goal of attaining 20% representation of woman on national advisory councils and committees by the end of FY2000. However, given that this target had already been achieved, in August 2000, the Headquarters set a new goal of 30% to be achieved as early as possible before the end of FY2005. The ratio rose from 15.5% at the end of September 1996 to 20.9% at the end of September 2000. [Question 11.] The Committee would welcome information on the outcome of Japan's Plan for Gender Equality 2000
The Government issued "The Present Status of Gender Equality and Measures" (or the so-called White Paper on Gender Equality) for three consecutive years from 1997 as a follow-up to the progress made in the Plan for Gender Equality 2000 that was adopted by the Headquarters for the Promotion of Gender Equality in December 1996. In May 2000, the Government published the "White Paper on Gender Equality 2000" which contains FY 1999 Annual Report on the State of the Formation of a Gender-equal Society and Policies to be Implemented in FY 2000 to Promote the Formation of a Gender-equal Society) based on the Basic Law for a Gender-equal Society (See attached paper: Outline of the White Paper on Gender Equality).
On December 12, 2000 the Government approved by Cabinet decision the Basic Plan for Gender Equality, the first plan based on the Basic Law for a Gender-equal Society.
The contents of the Plan for Gender Equality 2000, the national Plan of Action used hereto, formed the basis for formulation of this Plan. Japan is now endeavoring to further measures towards the formation of a gender-equal society.
[Question12.] Please update the information provided in table 3 of the report on unemployment trends over the last three years.
Table 3. Changes in the Full Unemployment Rate based on Sex and Age
Note 1: Based on the "Labor Force Survey" by the Statistics Bureau of the Management and Coordination Agency.
Note 2: Unemployment rate = unemployed persons/labor force (per cent)
[Question 13.] Please provide information on the implementation of the provisions of the Covenant concerning the employment of persons with disabilities in Japan.
1. The Ministry of Health, Labor and Welfare is implementing various measures related to the employment of persons with disabilities.
2. For example, it is implementing the following measures based on the "Law for Employment Promotion, etc., of the Disabled".
(1) Requiring employers to hire persons with physical disabilities or intellectual disabilities (requiring private employers (companies with more than 56 regular employees)to hire those persons with disabilities for more than 1.8% (the legal employment rate) of the regular employees.)
(2) Supplying various grants to employers hiring many persons with disabilities by utilizing the levy for employing the disabled collected from employers failing to achieve the legal employment rate.
(3) Promoting the independence of persons with disabilities in their vocational life by providing vocational rehabilitation.
[Question 14.] Please provide information on the implementation in practice of the Revised Equal Employment Opportunity Law of April 1999, mentioned in paragraph 41 (a) and (b) of the report, prohibiting employers from discriminating against women.
The Government has been striving to make the Revised Equal Employment Opportunity Law publicly known before and after the law was enforced.
In fiscal 1999, Prefectural Labour Bureaus (reorganized in April 2000) received about 37,000 requests for advice concerning the Law from female workers or corporations. With regard to individual conflicts between female workers and business proprietors concerning equal treatment, the head of Prefectural Labour Bureau concerned gives guidance and recommendations conductive to settle the conflicts. The Equal Opportunity Mediation Committee, a third party organs composed of persons of learning and experience also mediates the conflicts.
In order to ensure the implementation of the Equal Employment Opportunity Law, officials of Labour Bureaus make a planned visit to business corporations to grasp the actual situation of employment management of each business corporation and, when a breach of the Law is found, provide administrative guidance to correct it.
Moreover, in order to remove the de facto disparity existing between female and male workers due to past experiences or fixed ideas, promotion and guidance are given to promote the utilization of women in such fields with less female workers, and information are provided to corporations promoting positive actions.
Thanks to the promotion and guidance provided by Labour Bureaus, there is practically no discrimination against women as far as recruitment is concerned and the number of women in marketing or technical jobs has been increasing. And corporations, mainly big corporations, have begun to implement positive actions such as measures for preventing sexual harassment and promoting the appointment of women to management posts.
Article 7: Right to just and favorable conditions of work
[Question 15.] Please indicate the evolution over the last five years of the relationship between the minimum wage and the cost of living.
In Japan minimum wages are decided based on Article 3 of the Minimum Wages Law considering the following three elements comprehensively: (1) the cost of living of workers, (2)wages of workers doing similar work and (3) the ability of ordinary enterprises to pay wages. The cost of living of workers is only one element in deciding minimum wages and it is not appropriate to only examine the correlation between them. The following data is therefore, only for reference.
Minimum wages for the past five years
From "Digest of the Determination of Minimum Wages" (Wages Section, Wages and Working Hours Division, Labor Standards Bureau, the Ministry of Labor)
Yearly average of monthly living expenditure per household (One-person households)
From "The Income and Expenditure Survey for One-Person Households" (Management and Coordination Agency)
[Question 16.] Please provide information on sexual harassment in the workplace, which a Japanese trade union confederation alleges has been reported by 40% of female workers.
The number of requests for advice received in 1999 for advice concerning sexual harassment incidents in the workplace by the Prefectural Labour Bureau's Equal Employment Office (renamed from the Women's and Young Workers' Office on April 1, 2000) was 9,451. Among them, 4,882 requests came from female workers and 4,569 requests from business proprietors.
Under the Revised Equal Employment Opportunity Law that came into effect in April 1999, business proprietors are required to give special considerations to prevent sexual harassment in the workplace in their employment management and the Minister of Labour sets guidelines that specify the details on the special considerations. Business proprietors are required, ? to make it that clear policy not to allow sexual harassment should not be tolerated and to promote workers' understanding on such policy, ? to respond to requests for advice and complaints lodged, and ? to deal with sexual harassment promptly and appropriately if it happened
With a view to ensuring implementation of measures to prevent sexual harassment, the Prefectural Labor Bureaus examines the situation of corporations' implementation of measures to prevent sexual harassment and, when appropriate measures are not implemented, the Bureaus gives administrative guidance to correct them.
The Labour Bureau also gives advice to female workers concerning their sexual harassment incidents and has posted counselors with special knowledge in order to give advice to psychologically damaged female workers.
In order to assist business proprietors take effective measures to prevent sexual harassment, the Bureau offers classes to provide specific know-how on how to set up a consultation office and how to respond to complaints, etc. It also dispatches lecturers to employee training programs offered by corporations.
The information referred to in the question that "(sexual harassment incidents occurred in the workplace) has been reported by 40% of female workers" is not based on government statistics.
[Question 17.] Please provide information regarding the conditions of work of indigenous groups and of Korean and other foreign residents in Japan.
1. Labour standards-related laws, such as the Labour Standards Law and the Industrial Safety and Health Law, apply to all workers regardless of race and nationality of the worker and regardless of whether it is illegal employment or not, as long as they are employed for businesses conducted within Japan
2. Labour Standards Inspection Offices have been striving to make known that labor standard-related laws also apply to foreign workers, will give appropriate supervision and guidance to business offices that are seen as not meeting legally set working conditions, and deal strictly with cases of violation of labor standard-related laws.
3. In order to promote appropriate labour conditions for foreign workers who are legally allowed to work in Japan, the Ministry of Health, Labour and Welfare prepared and widely published "The Guideline concerning Employment and Working Condition of Foreign Workers" that contains matters to be taken into consideration by business proprietors wishing to employ foreign workers. The Ministry of Health, Labour and Welfare has been providing, on the basis of the guideline, necessary guidance and assistance for ensuring appropriate working conditions, etc.
4. The Ministry of Labour conducted a survey on "the actual state of employment of foreign workers" as of June 1, 1998. Concerning salary of foreign workers in Japan, it shows that the foreign workers who were employed as regular workers received a monthly salary of "300,000 yen or more" accounted for the largest proportion of 37.7%, those who received "250,000 yen or more but less than 300,000 yen" accounted for 19.9% and those who received "200,000 yen or more but less than 250,000 yen" accounted for 16.7%.
[Question 18.] The Committee would like to know whether the Government of Japan intends to ratify ILO Convention No. 111 on Discrimination (Employment and Occupation).
[Answer]
In Japan, Article 14 of the Constitution provides that all of the people are equal under the law. In the field of employment and occupation, measures banning discrimination are taken in accordance with the Labour Standards Law, the Employment Security Law and the Law on Securing and of Equal Opportunity and Treatment between Men and Women in Employment. But since the Convention covers a wide range of discrimination, further studies are necessary before proceeding to ratification with respect to the issues such as discrimination in employment and occupation, examining the consistency between the provisions of the Convention and the domestic laws.
Article 8: Trade union rights
[Question 19.] Please provide information on the right to strike in Japan and the number of legal and illegal strikes occurred in the last five years.
I. Situation of the right to strike in Japan
1. Workers of private companies
Article 28 of the Constitution, which is the supreme law of Japan, guarantees the so-called right to bargain including the right to strike. Furthermore, Articles 1 (2) and 8 of the Trade Union Law gives penal and civil immunities for justifiable acts of bargaining and other acts by trade unions.
(Reference)
Article 28 of the Constitution of Japan:
The right of workers to organize and to bargain and act collectively is guaranteed.
Article 1 of the Trade Union Law:
1. The purposes of this law are to elevate the status of workers by promoting their being on equal standing with their employer in their bargaining with the employer; to protect the exercise by workers of autonomous self-organization and association in trade unions so that they may carry out collective action including the designation of representatives of their own choosing to negotiate working conditions; and to encourage the practice of collective bargaining, and procedures therefor, for the purpose of concluding collective agreements governing relations between employers and workers.
2. The provisions of Article 35 of the Criminal Code (Law No. 45 of 1907) shall apply to collective bargaining and other acts of a trade union which are proper and have been performed for the attainment of the purposes of the preceding paragraph, provided, however, that in no event shall acts of violence be construed as proper acts of trade unions.
(Article 35 of the Criminal Code: No person shall be punished for an act performed in accordance with laws and ordinances or in carrying on lawful or proper business.)
Article 8 of the Trade Union Law:
An employer shall not be permitted to claim indemnity from a trade union or a member of the same for damages received through a strike or other acts of dispute which are proper acts.
2. Civil servants
(1) As for the right of civil servants to strike in Japan, strikes by civil servants are prohibited by the National Public Service Law and the Local Public Service Law, considering the distinctiveness of their status and public nature of their duties and the fact that all public officials are servants of the whole community, and it is essential for them to perform their duties for the public interest.
(2) For national civil servants, in the light of guaranteeing their rights to an adequate standard of living, the National Public Service Law stipulates detailed provisions concerning remuneration and other working conditions in compensation for restrictions of the fundamental labor right imposed upon them. The National Personnel Authority was established as a neutral third-party institution and it is taking appropriate compensation measures such as submitting recommendations by the National Personnel Authority concerning working conditions.
(3) Similar measures are also taken as for local civil servants under the Local Public Service Law.
(4) Additionally, the right to bargain collectively including the right to conclude labour agreements is granted to employees of government enterprises, specified independent administrative institutions, and local public enterprises. And the systems of mediation, arbitration and intervention by the Central Labor Committee (consisted of committee members of public-service, employers and workers), which is a fair third-party institution, are available.
(Example)
Article 98 (2) of the National Public Service Law (the obligation to obey laws and ordinances and orders from superiors and the prohibition of the act of dispute):
Personnel shall not strike or engage in delaying tactics or other acts of dispute against the public represented by the National Government as the employer, or resort to delaying tactics which reduce the efficiency of government operations. Nor shall personnel or other persons attempt, conspire to effect, instigate or incite such illegal actions."
Article 37 (1) of the Local Public Service Law (the prohibituion of the Acts of Dispute):
The personnel must not resort to strike, slowdown and other acts of dispute against their employer, who is the local people as represented by the agencies of the local public body, or to such idling tactics as will deteriorate the functional efficiency of the agencies of the local public body. Nor must any person attempt, or conspire, instigate or incite the perpetration of, such unlawful acts.
II. Number of strikes occurred for the past five years
There are no statistics available which show the exact number of "legal" and "illegal" strikes in Japan.
Situation of the rights to organize trade unions, to bargain collectively and to engage in labor disputes
- police personnel, personnel working in the Maritime Safety Agency or in penal institution, Immigration Security Personnel, fire defence personnel
- the right of collective agreement
1 & 2
[Answer:]
1. The relationship between the State government's general account budget and the social security cost is as follows:
2. The relationship between the total local governments expenditures and the social security cost is as follows:
885.7
190.6
1009.6
217.7
1020.9
223.5
912.8
207.0
849.1
191.5
* The statistics above is the newest for the last five years. [Question 21.] Please indicate whether there is a compulsory retirement age and whether retired persons are allowed to work without forfeiting their pension benefits.
1. In Japan, there is no compulsory retirement age set by law. However, when business proprietors set retirement age, they have legal obligation to set the age at 60 or older.
2. As to the basic old-age pension and old-age employees' pension that are provided from the age of 65, they are provided regardless of whether the person is employed or not. As to the specially provided old-age employees' pension that is currently paid to those aged between 60 and 64, if the person is insured, payment of part or all of the pension amount will be suspended depending on her / his wage and pension amount.
3. Starting in April 2002, a system to suspend payment of part or all of the pension amount depending on the wage and pension amount will be introduced for persons aged between 65 who are 69 and covered by an employees' pension insurance scheme. (However, the benefit of the basic old-age pension will be provided in its entirety.)
4. (national civil servants)
In principle, the retirement age of national civil servants is set at 60. However, a system for lengthening the terms of public service or re-employment is available.
When a retired national civil servant is re-employed, payment of part or all of the retirement mutual aid pension that is provided from the age of 65 and the specially provided retirement mutual aid pension provided from the age of 65 that is provided for those aged between 60 and 64 will be suspended depending on her / his wage level, etc. (However, the benefit of the basic old-age pension is provided in its entirety.)
Since the retirement mutual aid pension for national civil servants is a pension that is provided on condition of their retirement, a certain amount of pension benefits should be provided when a national civil servant retires. However, if a retired national civil servant is re-employed and gets income, it is assumed that she or he has no trouble with regard to guaranteeing income after retirement.
[Question 22.] Please provide information on whether there are nationals or foreign groups that are not covered by the social security system; please provide information on the situation of part-time workers.
(Pension system)
1. As the results of acceding to the Convention on the Status of Refugees in 1981 and the Protocol on the Status of Refugees in 1982, nationality criteria were abolished and now all people who reside in Japan between 20 and 59 years of age are eligible for national pension.
(Medical care and long term care)
2. Foreigners who live in Japan other than illegal aliens (excluding short-term stay foreigners such as travelers) are all, in principle, eligible for the medical insurance plan and the long term care insurance system.
(Reference) Insured persons of long term care
People aged 60 or older (Insured person #1)
People who join the medical insurance between the ages of 40 to 64 (Insured person #2)
Additionally, for foreigners who have not joined the public medical insurance plan, in 1996 another auxiliary plan for assisting medical care facilities was established in order to cover those medical expenses which medical institutions cannot collect, and since 1999 its operational conditions have been relaxed.
(Child-support allowance system)
3. All people who reside in Japan are eligible for child allowance, regardless of their nationality.
(Livelihood assistance system)
4. The livelihood assistance system guarantees a minimum standard of living for people who are badly off even in consideration of their assets and abilities to work, etc. and encourages their self-support through employment. According to the law, only Japanese nationals are eligible for this system.
However, to those foreigners who live in Japan, with the status of "permanent resident" and "long term resident" and are given permission to remain in Japan without limitation on what kind of work they do, this livelihood assistance law is applied mutatis mutandis and will be guaranteed the same level of protection as Japanese.
But those foreigners who can stay in Japan on the condition that they must pay their own cost of staying (sightseer, college students, etc.) or who remain illegally in Japan (overstay) are not eligible for this livelihood assistance.
(Part-time workers)
5. As for part-time workers, regardless of their nationality, national pension or employees' pension is applied depending on the total number of working days and the types of job involved. They fall under the social security system.
6. As for application of medical insurance for part-time workers, when total working time fulfills a certain standard, they are in principle eligible for the employees' health insurance, otherwise they are considered as non-working dependents under the employees' health insurance or eligible for the national health insurance.
Article 10: Protection of the family, mothers and children
[Question 23.] Please provide more detailed information on attitudes and customs regarding the origin of families and their social status in marriage, referred to in paragraph 118 of the report, and on the action taken by the Government of Japan to protect and promote all members of the family as provided for in article 10 of the Covenant.
1. The following case has been handled by the Human Rights Bureau of the Ministry of Justice.
There was a man who wanted to marry a woman who was from a Dowa District. When he told his parents of his intention, his mother opposed to his intended marriage for the reason that the woman was from a Dowa District, and his relatives too, opposed to his marriage, saying, "We are not willing to be relatives to a woman who is from a Dowa District," and "We do not want to be associated with the man's family as relatives."
When the Human Rights Bureau of the Ministry of Justice learned of this fact, it made best efforts to patiently persuade the man's mother to change her mind, pointing out that the freedom of marriage is guaranteed by the Constitution and opposing a marriage merely for the reason that the woman is from a Dowa District is an grave human rights violation, and finally succeeded in gaining some understanding from the mother. The Bureau also persuaded the man's relatives by requesting them to heartily watch over and bless the marriage and keep closer ties with the man's family. As a result, all those concerned understood the Dowa problem and told that they would try their best to foster harmonious relations.
In January of the following year, the couple and all their relatives gathered together in a peaceful atmosphere, and the harmony among the relatives was found. At present the couple is living a life of wedded bliss.
2. As for the information on the latter, the following efforts have been made by the Government.
(1) The child allowance is paid to a parent or other guardian who takes care of a child before the age of compulsory education according to the Child Allowance Law. The monthly amount as of June 2000 was \5,000 (USD47.60) per child for the first or second children and \10,000 (USD95.20) for the third child or any child thereafter. The number of recipients was approximately 1,981,000 as of February 1999.
In addition, the child-rearing allowance is paid to a mother or other guardian who takes care of a child not living in the same household with the father according to the Child-rearing Allowance Law. The monthly amount as of June 2000 was \42,370 (USD403.60) per child if the total amount is paid and the number of recipients was approximately 625,000 as of March 1999.
Furthermore, the special child-rearing allowance is paid to a parent who raises a child with a physical disability and a mental disability according to the Special Child-rearing Allowance Law. The monthly amount as of April 2000 was \51,550 (USD491.00) per child classified as class 1 disability and the number of recipients was approximately 140,000 as of March 2000.
(2) As for financial assistance for child birth, under the Health Insurance Scheme, an insured woman or a dependent wife of an insured person is provided with a lump sum of \300,000 after she gives birth to a child; in addition, in case an insured woman is not able to work due to childbirth, a maternity allowance amounting to 60% of the standard daily remuneration is provided for the period starting the 42nd day before until 56th day after a delivery.
Under the National Health Insurance Scheme, a lump sum birth and child-rearing grant is also provided when an insured woman gives birth.
(3) As for the treatment of unmarried fatherless households, from the point of view that it is necessary to enable unmarried mothers, who have made their children acknowledged, to claim the expense of bringing up them from fathers after the acknowledgement, the Government have made necessary reforms of ordinances in August 1998 so as to enable children of unmarried women to continue to receive allowances after acknowledgement.
(4) In order to ensure continued employment of workers who raise children or give care assistance to their family member (s), systems and measures such as the childcare leave system, the family care leave system and the limitation of night work have been instituted according to the "Child Care and Family Care Leave Law." For the summary of these systems, please refer to the second Japanese Government report on the International Covenant on Economic, Social and Cultural Rights.
With reference to these systems, the following is the statistical data on them:
(a) Childcare leave
When a person with employment insurance takes leave for childcare, he/she is provided with the childcare leave benefit from the employment insurance so long as the requisite conditions are satisfied. The number of persons who took childcare leave and received the basic childcare leave benefit for the first time, in fiscal 1999 amounted to 75,960.
(b) Family Care Leave
The family care leave system has become obligatory for all employers since April 1999.
When a person with employment insurance takes leave for family care, he/she is provided with the family care leave benefit from employment insurance so long as the requisite conditions are satisfied. The accumulated number of persons who took leave for family care and received family care leave benefit from employment insurance was 3,576 between July 1999 (when such leave benefit started) and April 2000.
(5) 0.42% of male workers whose spouses gave birth took leave for childcare according to the basic survey of female employment administration in fiscal 1999.
The Government is making its best efforts to make the childcare leave system become widely accepted in companies along with the efforts to publicize the system under which both male and female workers can take leave for childcare.
(6) Children waiting to be admitted to preschools numbered approximately 33,000 as of April 1, 2000.
For the purpose of solving the problem of such waiting children, the Government has endeavored to develop various child care services to meet ever more diversified needs, which include increase of the maximum number of very young children that can be admitted to preschools through the positive promotion of the New Angel Plan formulated at the end of 1999 and such deregulatory measures as discontinuation of imposition of limitations on preschool operators, taken in March 2000. The Government is determined to continue these endeavors in the future.
[Question 24.] Please provide information regarding the incidence of violence against women and children, in particular violence in the home, as well as the measures adopted to provide assistance and legal redress where necessary.
1. About Violence against women at home
Arrests cases of violence committed by husbands against their wives (including those in de facto marriages) from 1995 through 1999 amounted to 548 for murder (including those of attempted murder), 1,536 for injury and 168 for assault.
Violence by husbands against their wives at home, cannot be dismissed as not constituting a crime merely because it has taken place at home. When the case can be established as a criminal case such as a case of assault or injury, it is handled through strict and proper application of provisions concerned, while giving consideration to the peculiarity that it has happened between husbands and their wives.
For these cases of domestic violence that cannot be established as criminal cases, police support the victimized women concerned by advising them ways and means of how to defend themselves or cope with the possible violence properly through, for example, providing them with violence prevention guidance, introducing them to the agencies concerned such as the municipalities offices or lawyers and, in case it is recognized necessary, giving their husbands appropriate guidance or warning.
2. Violence against children at home
Arrests cases of child abuse at home in 1999 numbered 120, with the number of persons arrested amounting to 130. The number of juveniles as victims amounted to 124. 45 of which were killed. (No data are available for 1998 or the preceding years).
Police have tackled the problem of child abuse positively by placing it as one of the top priority issues in their efforts to enhance juveniles needed protection measures, from the viewpoint of preventing children from committing problematic behavior through protecting their lives and bodies or supporting their mental recovery. In December 1999, instructions were given to all police stations throughout the country to further take appropriate measures for child abuse cases and to fully prepare for child protection.
In May 2000, the "The Child Abuse Prevention Law" was enacted. Police are determined to promote appropriate measures for child abuse cases, taking into account the spirit of the Law and in cooperation with other agencies concerned.
3. Violence against women outside the home
Cases of shadowing or dogging which police have taken up have soared in number: 6,134 in 1997, 6,032 in 1998, and it increased to 8,021 in 1999 (no statistics were available for 1996 or the preceding years. 87% of the cases taken up by police from April through September 1999 are those whose victims were women).
For these cases of shadowing/dogging, police have supported the women victims by taking appropriate measures including arrest when the shadowing/dogging violated criminal laws, taking into account their wishes, and, even when it was not against criminal laws, police have supported measures to prevent escalation of the shadowing/dogging: they have advised the victims to adopt appropriate measures to protect themselves and cope with the shadowing/dogging by, for example, guiding them in how to prevent it and/or introducing them to lawyers according to the nature of the cases, while reinforce its patrols, and have also as needed given the other party concerned appropriate guidance or warning.
In May 2000, "The Law on Proscribing Stalking Behavior and Assisting Victims" was established that provides for administrative measures against shadowing/dogging including the issue of warning or a prohibition order, punishments of stalking and measures to support victims of the crime was approved by the Parliament and came into force in November of the same year. Police are determined to positively work for resolving the acts of stalking in their early stages or lending support to victims of such acts by making the full use of the Law.
Note:
The act of stalking refers to repeated acts of shadowing/dogging a specific person, her/his relative(s) or the like, coercing her/him into seeing/keeping company with the offender and making crank phone calls, etc. for the purpose of satisfying the offender's feeling of love or other favorable feelings for her/him or unfavorable feelings, such as grudge, against her/him arising when these feeling of love or other favorable feeling were not fulfilled (Article 2, "The Law on Proscribing Stalking Behavior and Assisting Victims").
4. "The Basic Plan for Gender Equality" raises "Elimination of All Forms of Violence Against women "as one of eleven important objectives, and raises policy in every type such as violence inflicted by husbands and partners, sexual crimes, prostitution, sexual harassment and stalking.
Based on this plan, the government intend to establish the basis of the elimination of all forms of violence against women, for example, improvement of social awareness, and to promote comprehensively wide measures according to types of violence.
On April 6, 2001, the "Law for the Prevention of Spousal Violence and the Protection of Victims" was established, and promulgated on April 13, 2001. This law sets the idea about establishment of Spousal Violence Counseling and Support Center with Women's Consulting Office as the central figure, and introduction of the Protection Orders. And this law shall take effect on October 13, 2001. (Only those portions having to do with Spousal Violence Counseling and Support Center; etc. shall take effect on April 1, 2002.)
Furthermore, the "Committee of Specialists on Violence against Women" was established in the Council for Gender Equality. In this meeting, the problem about violence against women is investigated and deliberated such as to investigate smooth enforcement of the "Law for the Prevention of Spousal Violence and the Protection of Victims."
5. When a woman seeks refuge from violence by her husband or the like accompanied by her child(ren), they are admitted in accordance with the Child Welfare Law to a facility to supporting mother-child life for their protection. In order to encourage her to become independent assistance such as advice on employment and care and feeding of her child(ren) are provided.
Other women who are victims of violence are admitted to facilities for protecting women or are placed under woman guidance clinics or their counselors for their advice and/or protection in case there are no other appropriate agencies available.
6. Concerning the protection of children who have suffered violence at home, Article 25 of the Child Welfare Law provides that "Those who have found that it is not appropriate for a specific child to be taken care/custody of by its parent(s) shall report it to the welfare office or child consultation center of the community concerned." When receiving a notice from a local resident, an agency concerned, other members of the family of the children or the like that, the child consultation center of the community concerned gives proper treatment to a child for whom it is impossible to be taken proper care/custody of at home due to the violence committed against it by its parent(s) by, for example, giving protection for it.
7. In addition, the "The Child Abuse Prevention Law" which includes provisions prohibiting abuse of children was promulgated on May 24, 2000. It clearly sets out that not only abuse of children by their parents at home but all forms of child abuse be prohibited.
8. Activities of the Human Rights Organs of the Ministry of Justice
Human Rights Organs of the Ministry of Justice has set up counseling rooms for women, special hot lines called "Women's Rights Hotline," "Children's Rights Dial 110" and the system of "Volunteers for Children's Rights Protection" which specially deals with problems concerning the rights of children etc. at (District) Legal Affairs Bureaus. Where rights of any women or child are actually violated and it is considered appropriate to provide remedies to the victim through judicial/administrative proceedings the Organs report the case to other agencies concerned and give necessary assistance to the victim, such as introducing the Legal Aid Association or giving legal advice to them.
9. Legal relief through a civil procedure
As legal relief for a woman or child suffering violence that can be obtained by a civil procedure, it is possible to apply for a provisional injunction to prohibit the assaulter concerned from making access to a fixed radius of the victim or from other acts, for both cases of violence taking place in and outside the home.
With regard to the procedures for issuing an order for provisional disposition, for which all possible measures to enable the prompt execution of the relief measure are available under the Code of Civil Provisional Remedies, it is possible to issue an ex parte order without requiring a security (guaranty money) from the applicant according to the nature of the case in question. Moreover, in such a case as where the assaulter concerned violates the order for provisional disposition, it is possible to take an action for an order of payment in accordance with the simplified procedure under the Law of Civil Execution as well as to take an action for the compulsory execution of that order.
10. Under criminal Law, a person who has injured a woman or child through violence, in or outside the home, may be charged with crime of injury or the case may amount to that of assault, threat, arrest/confinement, indecent assault, rape, rape resulting in death/injury etc. Victims of these crimes can file a complaint to the investigate authorities. In the case of a sexual crime such as rape or indecent assault, no legal proceedings are to be initiated without a complaint from the viewpoint of protecting the victims. If a legal proceeding is initiated without the complaint, the fact that a person concerned had fallen victim to such crime comes to light against the victim's wishes during the legal proceedings, which might hurt the victim's honor, result in even more serious disadvantage for the victim, such as mental distress. Previously, victims of these crimes were to take legal steps only within 6 months from the time they came to know the offenders in question, but the period for filing a complaint against the offender of a sexual crime to the investigate authorities has been repealed by the "Law to Partially Amend the Criminal Procedure Act and the Inquest of Prosecution Act" approved by the Diet on May 12 this year on the grounds that it may sometimes be difficult for victims of sexual crimes, who have received mental shock from the crimes or who may continue to be placed in special circumstances vis-a-vis the offenders in question, to decide in a short period of time whether they file a complaint against them or not.
In light of the fact that a woman or child as the victim of violence sometimes may suffer extremely heavy mental burden by being examined as a witness in the presence of the accused in the court open to the public, in order to ease such burden: The same law provides for (1) the system of allowing the victim to be accompanied by an appropriate person when he/she as a witness is examined, (2) the system of allowing witness to testify behind a screen in order not to be seen by the accused and/or the audience and (3) the system of conducting their testimony by the method of video links in which the witness who is allowed to be in a separate room is examined through a TV monitor in order not to be seen by the accused and/or the audience.
11. Staff allocation at Child Consultation Centers and Homes for Dependent, Neglected and Abused Children
Since the child consultation are administrative agencies of the prefectures and the municipalities, we consider their respective prefectures and municipalities are responsible for staffing them.
In order to respond to a soaring number of consultations about child abuse, however, the Ministry of Welfare and Labor subsidized accruing to each center from staffing personnel dealing with cases of child abuse at Centers and sought to increase the number of child welfare specialists (from 16 persons to 17 at standard-size centers) by revising the foundation for calculating tax allocated to each municipality, for fiscal year 2000.
In the draft fiscal year 2001 budget also, the Government plans to subsidize each Center for securing psychiatrists' cooperation aiming at reinforcing its counseling for parents or guardians who commit violence against their children. In addition, we have requested to increase the number of child welfare specialists through revision of the base for calculating tax allocated to each municipality.
Homes for dependent, neglected and abused children, under Article 42 of the Minimum Standards for Child Welfare Institution, have to employ advisors to children (persons giving these children guidance in living at the homes for dependent, neglected and abused children), part-time doctors, kindergarten workers, dietitians (in case the number of children admitted exceeds 40 persons), cooks and vocational advisers (in case homes give vocational guidance).
The total number of advisors to children and kindergarten workers each home have to hire is roughly as follows:
For every 2 infants under age 3 --> 1 or more persons
For every 4 children more than age 3 --> 1 or more persons
For every 6 or more juveniles --> 1 or more persons
In addition, since fiscal 1999 the Government has undertaken to station personnel in charge of psychotherapy (a person who studied psychology at a college/university and has acquired skill in psychotherapy) at homes which have admitted 10 or more children suffering mental traumas due to abuse who are in need of psychotherapy, for the purpose of supporting them in their effort to become independent. In the draft fiscal year 2001 budget also, we requested to increase the number of homes where these psychotherapists are stationed and to newly allocate a personnel taking care of dependent, neglected and abused children individually who treat these abused children by interviewing them and, facing each of them in their real life, of lending support to their parents or guardians periodically and by providing advisors to children and kindergarten workers with appropriate guidance.
[Question 25.] Please provide information on juvenile delinquency and measures for the rehabilitation of young offenders.
1. The recent situations of juvenile delinquency is characterized that we are entering into the fourth growth period after the World War II and the nature of delinquency has become heinous and violent.
The overview of juvenile delinquency during the period between 1995 and 1999 is as follows.
juveniles
Law-breaking juveniles: Persons under 14 years of age who have acted against the Penal Code.
Crime-prone juveniles: Persons under 20 years of age who are considered as having possibility most likely, by their propensity or behavior, of committing an offense or act against the Penal Code in the future.
Misconduct juveniles: Persons under 20 years of age who are not specified as juvenile delinquents but have been given police guidance for acts such as drinking, smoking, or running away from home.
Trend of complicity in heinous offenses
(1) The number of persons arrested for committing heinous crimes as a group increased 3.2-times over the last 10 years, and trend of committing as a group is in progress.
(2) The cases of snatches that might develop into heinous or violent offenses increased sharply, hitting the worst since 1972.
2. Measures taken for the rehabilitation of young offenders
(1) Commitment to Juvenile Training Schools
In Japan, there are Juvenile Training Schools under the jurisdiction of the Ministry of Justice which accommodate juveniles who have been referred there by the decision of Family Court as a protective measure based on the Juvenile Law. As of April 1, 2000, there were 52 Juvenile Training Schools across the country. There are four types of juvenile training schools so that appropriate treatment can be given depending on the age, the degree of offenses, and the mental and physical conditions of the juveniles.
(a) Primary Juvenile Training Schools: Persons aged between 14 and almost under 16 and not in serious mental or physical trouble.
(b) Middle Juvenile Training Schools: Persons aged between almost 16 and 19 and not in serious mental or physical trouble.
(c) Special Juvenile Training Schools: Persons aged between almost 16 and 22 and prone to commit offenses, though not in serious mental or physical trouble.
(d) Medical Juvenile Training Schools: Persons aged between 14 and 25 and in serious mental or physical trouble.
As a rule, a juvenile will be kept in a Juvenile Training School until she or he reaches the age of 20. Separate Juvenile Training Schools are set up for girls and for boys, except in the case of Medical Juvenile Training Schools.
The Primary and Middle Juvenile Training Schools are divided into a short-term program and a long-term program.
The short-term program are subdivided into two types, a general short-term program and special short-term program. The duration of the special short-term program is no more than four months and features open treatment. The duration of general short-term program is no more than six months. There are three courses in the general short-term program - academic education, vocational guidance and career guidance course - to meet the educational needs of each juvenile.
The long-term program provides the most effective treatment to solve each juvenile's problems by identifying the cause of delinquency and their good points that should be developed and by studying the condition of their mental and physical development, the individual nature of their talent, and their future life plans, etc. The long-term Juvenile Training Schools offer five courses - a living guidance course, a vocational training course, an academic education, a special education course and a medical care course.
In 1997, in order to take appropriate measures against the situation, where the heinous offenses are increased and become more complicated and diverse, a new treatment course was established within the living guidance course for those who need special treatment for correction and social reintegration.
The Juvenile Training Schools draw up and implement a specific and practical education program that is thought to be most suitable and effective for each one of the juveniles by taking into account the characteristics and problems of each juvenile and their educational necessity in close cooperation with the Juvenile Classification Home and other relevant organizations.
The specific contents of the education at the Juvenile Training Schools are divided into the following five fields.
(a) Living guidance: providing guidance to remedy each juvenile's separate problems and cultivate a sound way of looking at and thinking about things and a sound pattern of behavior.
(b) Academic education: providing school education or similar education that is based on the School Education Law, to the juveniles who are subject to the compulsory education, high school education and supplementary education, by taking into account the characteristics and needs of the juveniles.
(c) Vocational guidance: providing guidance to cultivate an attitude that respects work, to acquire a work ethic and to foster the ability to choose one's own occupation.
(d) Health and physical education: providing guidance to recover and promote mental and physical health and increase physical strength.
(e) Special activities: providing guidance, mainly through group activities, on the contents of education that are necessary for juveniles in general, such as club activities and recreation.
(2) Probation of juvenile delinquents
Probationary supervision is designed to help a juvenile delinquent to rehabilitate himself/herself by the way that a probation officer and/or a volunteer probation officer leads and supervises him/her to make him/her observe the probation/parole conditions, as well as gives him/her necessary guidance and aid while he/she enjoys an usual social life in the community. The subjects of probationary supervision are those who were placed on probation by the family courts as well as those who were released on parole from the juvenile training schools.
Probationary supervision is conducted to the extent that it is considered necessary and appropriate for his/her improvement and rehabilitation, and in the actual implementation, his/her age, personal history, mental and physical condition, family and friends and other individual matters are fully considered, and thus the most appropriate method is taken to help the juvenile to play a constructive role as a law-abiding member of the society.
(3) The effects of revision of Juvenile Law to rehabilitation of delinquent juveniles
(a) A new provision was laid down to send juveniles under 16 sentenced to imprisonment to juvenile training schools and give them correctional education. The juveniles who are sent to juvenile training schools will be given compulsory education, in the case of those who have not finished their compulsory education, and therapeutic treatment under the control of physicians, if necessary, in the case of those who need medical care. In addition, it is under consideration to conduct the life-guidance thoroughly whose main purpose is to arouse their sense of guilt by making them recognize the gravity of delinquency, to cultivate rich humanity by opening their eyes to the preciousness of life and to nurture sense of empathy and compassion.
By the present amendment, the minimum age to be punished for criminal offense was reduced to 14, and now there is a possibility that juveniles of 14 and 15 years of age will be sent to prisons. Except those who will be sent to juvenile training schools, juvenile convicts under 16 will be sent to juvenile prisons like juveniles over 16 and be engaged in penal work there in principle.
But because many juvenile convicts are not mentally and physically mature, various measures have been taken to prevent adult convicts from having bad influence on them and special attention has been paid to their treatment such as providing meals suitable for the growth period, private rooms suitable for learning, vocational training, opportunities for extracurricular activities and so on. In addition to the above measures for imprisoned young convicts under 16, it is now under consideration that the fulfillment of educational programs for those who have not finished compulsory education and psychiatric treatment programs should be further developed, while paying attention to the necessity of separation from adult convicts more than before.
(b) The Law clearly stipulates that family courts may take measures such as admonition and guidance to guardians in inquiry or judgement of the delinquent when deemed necessary. So we are considering to improve the arrangement of the family environment suitable for rehabilitation of the delinquent, taking the intent of such measures taken by the family courts into consideration, when conducting probationary supervision, as well as inquiry and adjustment of the environment where the delinquent in the juvenile training schools is expected to return upon release.
[Question 26.] Please provide information on the scale of the problem of prostitution, particularly child prostitution, in Japan and on the steps the Government has taken to solve it.
1. The number of cases of violation of the Anti-Prostitution Law accepted by prosecutors offices across the country was 1,332 in 1996, 1,418 in 1997, 1,469 in 1998 and 1,261 in 1999. The number in 1999 represents a decrease of 208 from the previous year. The number of persons prosecuted in 1999 was 914 and the prosecution rate in the same year was about 75.2%. This compares with the prosecution rate of 59.3% for the entire cases in the same year and indicates that prosecutors are strictly dealing with this kind of offenses.
The prosecution rate for the offense of promoting prostitution was 87.9% in 1999 as compared with 27.5% for the offense of soliciting prostitution in the same year. This remarkable difference indicates that prosecutors are strictly dealing with the offense of promoting prostitution.
In 1958, the women's guidance home, a state-run correctional institution was established to accommodate women who have been sentenced to guidance disposition for violation of the Anti-Prostitution Law. Women aged 20 or older and sentenced to a term of penal servitude or given a suspended sentence are sent to the home and stay there for up to six months.
At the women's guidance home living guidance and vocational training are provided in order to adapt them to the social life, by taking into account each woman's personality, mental and physical condition, family and other environments. Medical treatment for mental and physical disorders that stand in the way of rehabilitation is also provided.
2. As for child prostitution, "Law for Punishing Acts Related to Child Prostitution and Child Pornography, and for Protecting Children" went into force on November 1, 1999.
The Japanese police have strictly controlled such prostitution on the basis of the law, continues to further strengthen crackdowns on acts related to child prostitution and child pornography in line with the purpose of the law and to promote support measures, such as counseling for child victims.
Of the 536 cases of offenses related to child prostitution that were sent to and accepted by the public prosecutor's office in 2000, the public prosecutor's office filed formal charges against 484 cases.
The Law enables us to punish Japanese nationals concerned with child prostitution or pornography abroad, so far two cases have been cleared, one of which has been already convicted and the other is still under investigation.
This shows that the public prosecutor's office has been dealing strictly with offenses related to child prostitution in the light of the purpose of the law that was enacted from the standpoint of promoting the protection of children.
3. "The Second World Congress Against Commercial Sexual Exploitation Of Children" will be held in Japan in December this year. In the view of importance of the cooperation among governments, international institutions and NGOs to eradicate commercial exploitation of children, the Government of Japan has decided to hold this Congress in order to call upon further promotion of international cooperation.
In February 2001, the Government has also developed the "Japan's Action Plan Against Commercial Sexual Exploitation of Children," based on the "Declaration" and "Agenda for Action," adopted in "the World Congress Against Commercial Sexual Exploitation of Children" held in Stockholm, Sweden, 1996.
[Question 27.] Please provide the most current information regarding the attitude of and measures taken by the Government to address the problem surrounding "comfort women" and their demands, and the time-frame within which the Government is planning to remedy them.
1. In order to settle the issues arising from the war including the issue known as "wartime comfort women," in accordance with the international practice of postwar settlements, Japan concluded the San Francisco Peace Treaty, bilateral peace treaties, and other international agreements dealing with reparations and/or the settlement of claims for "the damage and suffering caused by it during the war," and has sincerely fulfilled its obligations prescribed in these agreements.
2. The Government of Japan has been conducting a thorough fact-finding study on the issue known as "wartime comfort women" since December 1991 and announced its results in July 1992 and in August 1993. Public documents found as a result of such study are now open to the public. When the result of the study was announced in 1993, then Chief Cabinet Secretary released a statement and expressed in it sincere apologies and remorse, recognizing this issue was, with the involvement of authorities of the day, a grave affront to the honor and dignity of large number of women. The Government of Japan, afterwards, expresses its sincere apologies and remorse to the former "wartime comfort women" on many occasions.
3. The Government of Japan, together with the people of Japan, seriously discussed what could be done for expressing our sincere apologies and remorse to the former "wartime comfort women." As a result, the Asian Women's Fund (AWF) was established on July 19, 1995 in order to offer atonement from Japanese people to the former "wartime comfort women." The Government of Japan has been providing all possible assistance for the AWF including bearing the whole operational costs of the AWF, assisting its fund-raising and providing the funds necessary to implement its activities. The Government of Japan has been cooperating with the AWF in implementing the activities outlined below.
(1) The Philippines, the Republic of Korea and Taiwan
The AWF, making use of the money donated by the Japanese people as its resource, provides atonement money (2 million yen per person) which expresses the feeling of atonement by the Japanese people and, making use of the fund disbursed by the Government of Japan, implements medical and welfare support projects aimed at improving their medical and welfare condition. The Government of Japan has decided to disburse about 700 million yen from the national budget for these projects of the AWF over a 5-year period. As of now, in the Philippines, the Republic of Korea and Taiwan, 185 received the benefits of these projects. When the atonement money is provided, the Prime Minister, on behalf of the Government, sends a letter expressing apologies and remorse directly to each former "wartime comfort women."
(2) In Indonesia, March 1997, the AWF concluded the Memorandum of Understanding (MOU) with the Government of Indonesia to provide financial support (380 million yen over 10 years) to the project proposed by the Government of Indonesia called the "Promotion of Social Welfare Services for elderly People in Indonesia" through a fund disbursed by the Government of Japan.
The facilities will be established mainly in the regions where former "wartime comfort women" are thought to live and the priority will be given to those who proclaim themselves as former "wartime comfort women" for entrance into these facilities
In Netherlands, in July 1998, the AWF concluded a Memorandum of Understanding (MOU) with the Project Implementation Committee in the Netherlands (PICN) on a project concerning the issue known as "wartime comfort women" aimed at helping enhance the living conditions of those who suffered incurable physical and psychological wounds during World War ?. In accordance with the MOU, the AWF, making use of a fund disbursed by the Government of Japan, has provided the PICN with financial support totalling 241.5 million yen over 3 years and the PICN has implemented the project for 78 beneficiaries.
This project was successfully completed on July 14, 2001.
4. The Government of Japan will continue its effort to seek the understanding from the Governments and authorities and other parties of the countries and regions concerned with regard to the activities of the AWF through which the Government of Japan, together with the people of Japan, express its sincere sentiment to the issue known as "wartime comfort women."
Article 11: Right to an adequate standard of living
[Question 28.] Please explain why it is not possible to obtain data on the per capita income of the poorest segment of the population and why there is no officially set poverty line.
We do not have the data for GNP of the poorest segment of the population. Since GNP by income group is not compiled in the System of National Accounts of Japan and there is no officially set "poverty line." However, the Public Assistance Law sets the standard for public assistance that is sufficient to meet the needs of the minimum living and public assistance is provided to those who do not meet that standard. Public assistance includes livelihood aid, education aid, housing aid, medical aid, long-term care aid.
[Question 29.] Please provide detailed information on the number of homeless persons and of forced evictions in Japan.
(Homeless persons)
1. The number of homeless persons amounted to approximately 20,451 as of October 1999, as a result of summing up the numbers grasped by all prefectures, 12 largest cities (known as ordinance-designated cities) and regional core cities.
2. As for housing facilities for homeless persons, protection facilities according to the Daily Life Protection Law, nursing homes for elderly people and facilities that provide accommodation free of charge or by charging a low fee are a available.
3. As regard the problem of homeless persons, on February 12, 1999 a Liaison Group for dealing with the Problem of Homeless Persons which consisted of government departments and agencies concerned and local governments concerned was set up and on May 26 of the same year a report titled "Current Measures to Deal with the Problem of Homeless Persons" was compiled up. In this report, measures in the following five areas were raised as those to be taken immediately: (1) Establishment of a System to Provide Comprehensive Consulting Services and Support Self-subsistence Efforts, (2) Employment Stabilization, (3) Provision of Adequate Health Care, (4) Securing of Housing for Persons in Need of Aid and Protection, and (5) Creation of a Secure and Safe Community Environment. Based on this, in fiscal year 1999, the Ministry of Health and Welfare, by focusing its attention on the Establishment of a System to Provide Comprehensive Counseling Services and Support Self-subsistence Efforts, provided financial support to programs such as provision of street-corner consulting services by social welfare offices and projects urgently implemented by various local governments to assist homeless persons in their efforts for self-subsistence (project for providing emergency and temporary accommodation). In addition, as from fiscal 2000, a Program to Support Homeless Persons in Their Self-subsistence Efforts was newly implemented by making homeless persons stay at accommodation facilities for a certain period, provide food and medical examinations, give life-guidance, and provide job consultation services by job counselors in cooperation with public employment security offices with the view to enabling homeless persons to submit on themselves by finding jobs.
(Forced evictions)
4. Concerning "forced evictions" as defined in paragraph 4 of General Comment 7 of the Committee, there does not exist any such act in Japan as conducted by the Government or any other public organizations. Land expropriation and the forced enforcement of real estate dispossession in Japan, as described below, are conducted "in accordance with law and in conformity with the provisions of the International Covenants on Human Rights" (Paragraph 4 of General Comment 7).
5. The procedures for land expropriation in Japan are set out in the Land Expropriation Law. According to this Law, in cases where land with premises such as houses is to be expropriated for the purpose of a project serving public interests but an agreement or amicable settlement fails to be reached among parties concerned such as ownership holders, the land owner is expropriated of his land according to a decision of evacuation by the land expropriation committee pursuant to the Land Expropriation Law. In this connection, according to the Land Expropriation Law, the land owner is guaranteed the opportunity of expressing his opinions during the hearing held by the land expropriation committee (Article 63, Land Expropriation Law) and also shall relocate the premises on the said land by receiving compensations paid as the expenses of the relocation of the premises that should be relocated and for losses generally incurred along with such relocation (compensation for business, etc.).
6. In the field of Civil Law concerning the compulsory evacuation of immovable property, the appropriate procedures for the forced eviction are provided in laws and regulations. For example, if the obligor does not voluntarily evacuate immovable property and the creditor has the obligation title concerning the claim for the evacuation of immovable property (Article 22, Law of Civil Execution), the creditor is entitled to force the obligor to vacate the property by virtue of the obligation title (Item 1 of Article 168, the same law); he may commence the procedures by submitting a petition to the marshal of the local court that exercises jurisdiction over the area where the said property is located (Article 2, the same law and Article 1, Rules of Civil Execution). In addition, the execution is possible only when the creditor is present at the spot of execution (Item 2 of Article 168, Law of Civil Execution), and on execution, the marshal shall in principle remove movable assets and deliver them to the obligor (Item 4 of Article 168, the same law).
[Question30.] Please provide information on the measures undertaken by the Government of Japan to rehabilitate the victims of the Great Hanshin-Awaji Earthquake.
1. In order to promptly and actively implement measures to reconstruct the Hanshin-Awaji area, in February 1995, one month after the earthquake, the Government established "the Headquarters for Reconstruction of the Hanshin-Awaji Area" and "the Committee for Reconstruction of the Hanshin-Awaji Area," both of which were in charge of comprehensively coordinating the measures undertaken by the administrative agencies concerned.
From the fiscal year 1994 supplementary budget to the fiscal year 1999 budget the Government appropriated at government expense totaling \5.02 trillion, and the part the amount that was used for the life aid package including housing was \1.45 trillion. In addition to this, in 1995 the Fund for Reconstruction of the Hanshin-Awaji Area was established by Hyogo Prefecture and Kobe City through which various programs have been implemented. The Government has been assisting such programs through measures concerning tax allocated to local governments.
2. To tackle housing problems, the Ministry of Health and Welfare, in order to temporarily stabilize the housing conditions, built up emergency temporary houses for those who lost their houses due to the earthquake and were unable to secure new housing with their own funds. The number of such houses totaled 49,681 which accommodated 47,911 households at the peak time (November 1995). Based on "the Hyogo Prefecture Three-Year Housing Reconstruction Plan," Hyogo Prefecture provided as many as approximately 145,000 housing units in the earthquake-hit area by November 2000. In addition, as of January 1, 2000, the construction of 41,700 units of disaster reconstruction public housing has commenced, which rose above the planned target. For those who tried to rebuild their houses with their own funds, the Government Housing Loan Corporation provided disaster reconstruction loans with the interest rate lower than usual also and interests for loans were subsidized by the Great Hanshin-Awaji Earthquake Reconstruction Foundation (Appendix 1). As of the end of October 2000, there were approximately 91,000 cases that made use of this loan system. Along with the progress made in the construction of permanent houses, the number of households that lived in the emergency temporary housing rapidly decreased and ultimately became zero in March 2000.
3. As for the assistance to daily life recovery, the Great Hanshin-Awaji Earthquake Reconstruction Foundation made disbursements such as "Life Quality Restoration Subsidy" and "a Middle-Aged and Elderly Citizen's Self-Sufficiency Assistance Subsidy" as a project to disburse cash for the purpose of encouraging earthquake victims' self-reliance. Following this, in May 1998, "the Law of Aid to Disaster-hit Victims' Efforts in Daily Life Recovery" was enacted and measures for aid that were the same level of the subsidy for daily life recovery provided for in the said Law were undertaken for the victims of the Hanshin-Awaji Earthquake. As a result of these undertakings, Hyogo Prefecture, which was hit by the Hanshin-Awaji Earthquake, created the system of "Subsidy Payments to Earthquake Victims" by expanding the above-mentioned two subsidies. As of May 2000, an amount totaling approximately \140 billion was disbursed to approximately 140,000 households.
4. Measures were also undertaken to provide care services, such as improvement of food, provision of medical supplies, installation of first-aid centers and provision of patrol services at evacuation centers, there were also other care services available, such as visits made by public health nurses, hygienists and health consultants to earthquake victims to provide them with advice, installation of " Mental Health Care Centers", and allocation of various kinds of consultants. The Government provided state subsidies according to the Special Program for Promotion of Regional Health Care, to projects implemented by Hyogo Prefecture, such as health care activities and mental care projects for earthquake victims, as well as to projects conducted by Kobe City, such as an aid project for victims living in provisional houses and an aid project to secure environmental hygiene of provisional houses (Appendix 2). In addition, as a program of maintaining mental health, from fiscal year 1996, the Government provided training courses concerning the diagnosis, treatment and consultation of PTSD (post-traumatic stress disorder) for doctors and public health nurses engaging in the treatment of mental disorders and welfare services of mental health, with the aim of enhancing the qualities of those who engage in mental treatment. These people who had undergone such training courses provided mental care services for earthquake victims, thereby making the aid projects more effective.
Currently local municipalities are making their efforts to reconstruct the communities, and at the same time continuing the itinerary activities and carrying on measures of mental care for victims who have moved into permanent houses.
5. As for employment, along with measures such as the Government's special measures for employment adjustment subsidies and special payments of employment insurance, the Ministry of Welfare and Labor has made efforts to ensure stable employment for workers in the earthquake-hit area, by providing detailed job consulting and placement services at the public employment security offices.
Measures were also undertaken for earthquake-hit small and medium enterprises in order to reestablish industries which lay the foundation for ensuring stable employment and revitalizing the area, e.g., financial aid packages such as low interest rate loans, special tax preference measures and creation of provisional factories and shops. Furthermore, in order to support full-scale industrial reestablishment, supports to the private sector-driven industrial infrastructure improvement activities are extended and preferential tax and financial measures for the purpose of attracting industrial development and helping newly started businesses are undertaken supporting the efforts to improve industrial infrastructure.
6. In order to take care of the mental health problem confronted by earthquake-hit children, the Ministry of Education, Culture, Sports, Science and Technology held seminars, conducted surveys to grasp actual situations and made a teachers' reference material titled "For the Mental Care of Children in Emergencies."
The Government Housing Loan Corporation (hereinafter referred to as GHLC), along with the application of the housing loan system for disaster-hit area, further expanded and improved the system in the following ways:
(1) Rasing of loan ceiling
The GHLC increased the ceiling for the Basic Loan Amount and newly established the Special Additional Loan Amount exclusively applicable for people affected by the Hanshin-Awaji Earthquake, thereby significantly increasing the amount of loans.
(2) Extension of Grace Period
In order to reduce the initial burden of repayment, the GHLC extended the grace period (wherein the repayment of the principal is deferred) to the maximum of five years from the original period of three years.
(3) Introduction of the "Honor the Parents Loan Program"
The GHLC made the housing loans for the disaster-hit area available for people affected by the Hanshin-Awaji Earthquake so that the children of the affected people can assist their parents by constructing, purchasing or repairing the houses in which the parents will live.
2. Rescheduling of the existing loans
In order to reduce the burden of repayment for a certain period, the GHLC approved the modification to the loan conditions including application of grace period and extension of the repayment period depending on the degree of the damage for the borrowers of the GHLC loans. This scheme was also applicable for those that would apply for a new loan to reconstruct their houses and hence become the borrower of two loans (new application and existing loan on the damaged house).
30% - Less than 60%
60% and more
Three years
Five years
existing loan or 4.0%, whichever is the less
Reduction of 1.0% from the interest rate on the
existing loan or 3.5%, whichever is the less
Reduction of 1.5% from the interest rate on the
existing loan or 3.0%, whichever is the less
3. Assistance for the reconstruction of damaged condominiums
The GHLC applied the preferred interest rate and increased the loan ceiling for the reconstruction of damaged condominiums in order to assist the reconstruction of those condominiums.
(1) Provision of health care services and undertaking of health surveys for earthquake victims (distribution of health care leaflets, health surveys conducted and advice on health care provided by public health centers)
(2) Provision of regular health consulting services at 60 'Friendship Centers'
(3) Provision of regular health consulting services at 35 community plazas
2. Mental care project for earthquake victims (Hyogo Prefecture)
(1) Provision of mental care consulting services at "the Hyogo Prefecture Disaster Relief Consultation Center".
(2) Public relations activities and education projects such as seminars and round-table discussions
(3) Mental care visit and guidance
(4) Fostering of self-help groups
(5) Training of mental care volunteers for elderly people and visit of provisional houses by them, and convening of the meeting to promote mental care for elderly people
(6) Measures to help alcohol-addicted persons by convening of the conference for alcohol-related problems
3. Project to assist residents of public housing in the earthquake-hit area (Kobe City)
(1) Provision of health consulting services in the form of itinerant visits by public health nurses
(2) Provision of various health consulting services (on medical services, health care, dental care, nutrition, mental health, etc.)
(3) Support for efforts to build the regional community through health education
4. Program to solve the alcohol problem confronted by provisional house residents (Kobe City)
(1) Implementation of diagnosis through visits by doctors
(2) Implementation of peer counseling (on medical service, health care, dental care, nutrition, mental health, etc.)
(3) Participation in special training courses
By Office of Disaster Prevention and Restoration, Small and Medium Enterprise Agency July 2001
(1) Expansion of disaster relief loan
Special loans provided by the three government-run small business-oriented institutions (Small Business Finance Corporation, National Life Finance Corporation and Shoko Chukin Bank)
(a) Establishment of separate loan amount, reduction of interest rate and extension of term of loan
(b) Extension of period of applicability (the original period of applicability expired on July 31, 1995 but was extended for seven times till July 31, 2002.)
(2) Special loan from the fund for strengthening the managerial foundation for small businesses
Co-financing by the central government and the local government of the earthquake-hit area
(a) Loan conditions
Loan ceiling: \50 million Interest rate: 2.5% per annum
Term of loan: Originally 10 years max. (of which 3-year grace period)
--> Extended three times to 14 years (of which 7-year grace period)
(b) Period for receiving loan applications
February 15 to July 31, 1995
(3) Loan for management improvement for small and medium enterprises
Unsecured, guarantor-free loan for small and medium enterprises that received guidance on management from chambers of commerce and industry
(a) Raising of loan ceiling: Normally \5.5 million --> \7.5 million
(4) Exceptional case of the Small and Medium Enterprise Modernization Loans Law
(a) According to Article 8 of the Small and Medium Enterprise Modernization Loans Law, those small and medium enterprises whose equipment was destroyed in the disaster are exempted from the repayment of the loan of equipment modernization funds.
(b) The repayment period of the existing loan is extended for two years through the designation of serious disaster.
(c) According to the Special Financial Resources Law for Hanshin-Awaji Earthquake, the term of new loan is extended from original five years to seven years.
(5) Loan for injury, disease and disaster by the Small Enterprise Mutual Aid System
Loan provided as funds to stabilize business to mutual aid policyholders that suffered direct damages or losses (such as those of the office or major assets) and indirect losses (such as decline in sales volumes)
Loan ceiling: \5 million max. Term of loan: 3 years
Security and guarantor: Not required
2. Exceptional case of Small and Medium Enterprise Credit Insurance
Exceptional case added to the existing Small and Medium Enterprise Credit Insurance Law, according to the Law Concerning Serious Disasters and Special Financial Resources Law for Hanshin-Awaji Earthquake
(a) Separate amount of guarantee limit (two times as much as in a normal case) and special loan amount which needs no security and guarantor (\10 million)
(b) Extension of guarantee period (The original period of applicability was till July 31, 1995 but was extended for seven times till July 31, 2002.)
3. Business Sophistication Program of Japan Small Business Corporation
(1) Improvement of temporary factories and shops
Local governments and quasi-governmental organizations improve provisional factories and shops and lease them to earthquake-hit small and medium enterprises.
(2) Improvement of rental factories and shops for joint use
Local governments and quasi-governmental organizations reconstruct the factories and shops mentioned in the above (1) to full-scale factories and shops and lease them to earthquake-hit small and medium enterprises.
(3) Exceptional case of the sophistication program for disaster recovery
In order to provide support for the reconstruction of industrial parks and shopping areas destroyed by the earthquake, new conditions more favorable than the normal sophistication program for disaster recovery were established.
Loan percentage: Within 90% of the needed fund Interest rate: No interest
Term of loan: 20 years (of which the original 3-year grace period is extended to 5 years)
(b) The deadline to receive the submission of business plan was January 16, 1998 but was extended four times to January 16, 2002.
4. Subsidy for the reconstruction of joint facilities owned by business cooperatives
(1) According to the Law Concerning Serious Disasters, the central government grants part of the subsidies which the prefectural government provides for relief projects of the earthquake-hit joint facilities owned by business cooperatives.
(2) According to the Special Financial Resources Law for Hanshin-Awaji Earthquake, the central government grants part of the subsidies which the prefectural government provides for projects to reconstruct joint facilities such as shopping arcades owned by shopping center promotion associations.
[Question 31.] Please indicate the areas where sub-standard housing is concentrated as mentioned in paragraph 177 of the report and what proportion of the population lives and what proportion of the population lives in such housing.
As of the end of fiscal 1999, residential area improvement work, small village improvement work, and small-scale residential area improvement work are being undertaken in areas of inferior living environment standards in which there are a certain number of inferior housings. The number of such areas is relatively large in cities.
The number of inferior housings in such areas was 17,098 before the work started. The figure accounted for about 0.04% of the total housings in Japan in 1998.
(Note) Inferior housing is those that are defective in terms of structure and fire-prevention and not safe and comfortable to live in, because of being poorly equipped, for example lack of water independent tap.
Article 12: Right to physical and mental health
[Question 32.] Please provide current data on the proportion of the State budget spent on health.
Fiscal 2000 state budget: \48.1 trillion (US$458.1 billion)
(General account budget excluding government debt expenses and local grants)
State budget appropriated to physical and mental health care: \7.36 trillion (US$70.1 billion)
Ratio of health-related budget to total state budget: 15.3%
[Question 33.] Please provide information regarding the extent to which social assistance covers the medical costs of insured persons, particularly for the most vulnerable and marginalized groups.
1. Under the current medical insurance system, a patient normally shoulders 20~30% of the medical cost for treatment, surgery, hospitalization, nursing, dental treatment and medical prescriptions, and the rest is covered by the medical insurance scheme under which the patient is insured.
2. In addition, there is a public health system, under which the central or local governments, from the standpoint of national security, social defense and income security and based on tax revenue as its resources, compensate for the portion that is not covered by the medical insurance system.
[Question 34.] Please provide information on the number of suicides among children and the steps taken by the government to eliminate this problem.
The number of suicides among children from 1994 to 1998 is as follows.
1. There should be no case of children resorting to killing themselves, whatever the reason. The Ministry of Education, Culture, Sports, Science and Technology is making efforts, through the Board of Education, to foster through school education activities school children that are compassionate to other people and respectful of each other, value the importance of life and human rights, and appreciate the joy of being alive.
2. The Ministry of Education, Culture, Sports, Science and Technology has positioned "School Counselors" and "Mental Counselors at Classrooms" at schools and is promoting the establishment of an around-the-clock telephone counseling system for children throughout the country with a view to enhancing the system under which children worrying about something can seek advice without hesitation. Municipals are also trying to enhance municipal education counseling system by establishing counseling offices for children at education centers.
3. The police extend necessary assistance whenever it finds those children who might have the possibility of commiting suicide. And in order to assist those children who are worrying about something or in trouble and their guardians, the police have established a telephone counseling system, known as the "young telephone corner" at police offices in every prefecture and give advice by telephone or interview.
4. The police systematically tackle issues concerning children by establishing "Juvenile Support Centers" staffed with juvenile guidance officials and juvenile consultants across the country in order to offer thought-out advice and assistance to children or protectors of children in trouble.
[Question 35.] Please provide information on the health consequences of the March 1997 nuclear accident.
The information on the health consequences (effects on workers in and around the facility and effects on the environment) of nuclear accident occurred in March 1997 (an accident of fire and explosion of the asphalt solidification facility at Tokai reprocessing plant) is as follows.
(1) Effects on workers
As a result of the whole body check-up by the counter held for workers in and around the facility, it was found that 37 of them were exposed to a small amount of radioactivity. The dosage radioactivity of the workers inside the facility were exposed to was 0.4~1.6 mili sieverts. This is below the annual dosage limit of 50 mili sieverts set by law.
Therefore, the level of radioactivity the workers in and around the facility were exposed to was not at the level that might affect their health.
(2) Effect on the environment
In order to check the effects of the accident on the environment, the sea and land environment around the plant were surveyed. The concentration of radioactive substances in seawater, seabed soil, well water, rainwater, soil, vegetables, milk, and air was surveyed. The result of the survey was reported to the Nuclear Safety Commission and the Ibaraki Prefecture Environment Monitoring Commission and the Commissions gave its assessment that the level of concentration of radioactive substances was "not at the level that might affect environment or human health."
[Question 36.] Please describe the situation of persons infected with HIV/AIDS and the assistance the Government provides for them. Please describe how they are protected from discrimination, particularly in employment.
1. The AIDS Trend Committee of the Ministry of Health and Welfare periodically receives from prefectural governors the reports on persons infected with AIDS/HIV submitted according to the Law Concerning Infectious Disease Prevention and Medical Services for Patients of Infectious Diseases and other relevant reports voluntarily submitted and analyses them, with the results released to the press by the Ministry of Health, Labor and Welfare.
2. According to the reports on AIDS patients received as of April 30, 2000, there were 2,310 persons with AIDS (accumulated number) and 4,994 HIV-positive persons (accumulated number).
3. As the assistance for persons infected with HIV the Ministry of Health, Labour and Welfare provides below measures. For patients aged 20 or above who are infected with the HIV disease due to blood coagulation factor preparations, the Ministry of Health, Welfare and Labor is reducing their burden of medical expenses by using public funds to cover individually paid expenses and has implemented programs such as the research program for treatment of congenital blood coagulation factor disorder, with the aim of relieving them from mental and physical anxiety.
For AIDS patients under age 20, public funds are used to cover individually paid medical expenses through implementing the research program for treatment of specific children's chronic diseases.
Additionally, people suffering from deficiencies in their immune system due to HIV the are provided with the physically disabled person's certificate, which gives them the benefit of care services provided by visit-care staff (home-helpers) institutional services, as persons with an "internal" disability.
Finally, if the person is found to have been placed under considerable restriction in his/her vocational life or to have great difficulties in leading his/her vocational life over a long period of time, he/she will be treated as a physically disabled person under the "Law for Employment Promotion, etc., of the Disabled", which means he/she will be subjected to the employment quota system for disabled persons, the public employment security office etc. will offer a variety of employment supporting measures, such as offering vocational guidance according to his/her particular disability, giving the employer guidance in employment management, supplying various grants.
4. As the measures to protect persons infected with HIV from discrimination in employment, the Ministry of Health, Welfare and Labor formulated "the Guideline for AIDS Problems at Workplaces" in 1995, in order to enhance voluntary efforts to cope with the AIDS problem at workplaces, and has been making efforts to make it widely known to the public.
In this Guideline it is recommended that the employer should
(1) Conduct education about AIDS to and provide correct information for workers at the workplace;
(2) Not request workers to receive the HIV examination, including at the time of the selection of job applicants;
(3) Treat HIV-positive workers who are in good health in the same way as other healthy workers and treat workers who have been infected with AIDS or the AIDS-related syndrome in the same way as those who are suffering other diseases.
Article 13 and 14: Right to education
[Question 37.] Please provide information on the proportion of the State and local administration budgets spent on education in the last five years.
Ratio of public fiscal spending on education to total expenditures (last 5 years)
(Note)
1. "Public fiscal spending on education" means the portion of education expenses that were defrayed by the central or local government among the total of state-, public- and private-run school education expenses, social education expenses of local governments, and State and local education administration expenses.
2. "Total expenditures" of "State" and "Local" include treasury's share in compulsory education expenditure and subsidies, respectively. "Net total" is obtained by deducting these duplicated portions.
[Question 38.] Please provide additional information concerning paragraph 230, specifically on the situation of teachers in isolated areas.
1. Purpose and aim of isolated area allowance
The isolated area allowance is based on "the Isolated Area Education Promotion Law" (1954) that was set up for the purpose of promoting education in isolated areas by State and local governments on the basis of equal opportunity of education and in view of the special situation of education in isolated areas. The allowance is designed to secure good teachers and raise the education standard of public-run elementary and junior high schools (isolated area schools) located in mountain villages or isolated islands, where transportation means are not easily available and natural, and economic and cultural conditions are not favorable. The allowance is provided as a compensation for psychological insecurity, displeasure and inconvenience incurred in isolated areas.
2. Ratios of isolated area allowance (Ratio to monthly salary)
3. Number of isolated area schools
Elementary schools: 4,364
Junior high schools: 1,633
(Source: School basic study report for fiscal 2001)
[Question 39.] Please provide current statistics, broken down by age and sex, on the student population at all levels of the education system and on school absenteeism.
The number of students who refused to go to school and the number of students in compulsory education, broken down by grade, are listed in 1 below and the student population at all levels of the education system is listed in 2. There are no statistics, broken down by sex, on the numbers of students refusing to come to school.
1.
(Note 1) The number of students by grade as of May 1, 1999
(Note 2) The number of students at public-run elementary or junior high schools who refused to come to school for psychological reasons for 30 days or more in the academic year 1999.
Question39 para2 (page82?88) is in another file
[Question 40.] Please provide information on the extent of violence in schools in Japan. In particular, please clarify the situation with respect too the reportedly serious problem of bullying and the use of corporal punishment in schools.
(Information on the situation concerning of school violence)
1. In Japan, "school violence" is defined as including hurting teachers intentionally, hurting students as a result of a brawls among students, kicking guests at graduation ceremonies, breaking toilet doors intentionally and other acts that are worse than the above in nature and extent and the Government of Japan investigates the foregoing acts as "school violence." The number of incidences of "school violence" took place at public elementary, junior and senior high schools in the academic year 1999 was 31,055.
2. The characteristic of recent school violence is that it is mostly minor in scope, such as hitting out at a teacher out of anger for being given a warning and then breaking window glass of the school out of irritation.
(The serious problem of bullying and the use of corporal punishment in schools)
3. The number of incidences of bullying that took place at public-run elementary, junior and senior high schools, as well as special education schools was 31,359 in the academic year 1999, decreasing for the four consecutive years after hitting a peak in 1995. The decrease can be attributed to the fact that schools, the board of education, families and local communities had been striving to instill in children the model of behavior that "as human beings, bullying should never be tolerated," where by children have become conscious of such idea.
As efforts to expand procedures of remedies and aides available to children suffered from bullying, please see paragraph 3 of the answer to Question 41.
4. Article 11 of the School Education Law strictly prohibits corporal punishment at school and the Government is trying to make the spirit and content of the Law fully understood by people working for education using every available opportunity such as training session and meeting etc. The Government studies the situation concerning those teachers who inflicted corporal punishment and were subjected to disciplinary action and publish the results every year. The number of disciplinary actions taken concerning corporal punishment by teachers was 376 (decreasing by 2 from the previous year) and the number of the teachers who were subjected to disciplinary action was 586 (increasing by 23 from the previous year) in the academic year 1999. Furthermore, corporal punishment is subject to punishment under the Criminal Law if it constitutes an assault, an injury and so on.
Disciplinary actions taken concerning corporal punishment by teachers of public schools are as follows:
(Unit: Persons)
5. The Human Rights Organs of the Ministry of Justice carried out a public awareness raising campaign across the country with a slogan of "Protect the Rights of Children" from fiscal 1994 to fiscal 1997. Since fiscal 1998, they have been actively carrying out similar awareness raising activities, setting the slogan of "Protect the Rights of Children" as one of the major themes during the Human Rights Week, preparing and distributing booklets calling for the eradication of "bullying and corporal punishment" and holding lecture meetings, symposia, and round-table conferences. Additionally, the Human Rights Organs positively tackle children's rights issues such as "bullying and corporal punishment" by creating the system of Volunteers For Children's Rights Protection exclusively designed to deal with problems concerning children's rights on their own initiative in 1994, when the Convention on the Rights of the Child went into force. When the Human Rights Organs receive information concerning an incident of corporal punishment, they investigates the case by asking the party concerned to explain the circumstances etc. from the standpoint of protecting the fundamental rights of the child. And on the basis of the result of the investigation, they would, by issuing "instruction" or "warning," educate the teacher who inflicted the corporal punishment and the school principal as to the importance of respecting human rights and ask them to adopt measures to prevent the recurrence of a similar incident. The Human Rights Organs also promote cooperation with schools and local communities in carrying out awareness raising activities.
6. Of the total number of human rights infringement cases in 1998 and 1999 (16,482 cases and 17,478 cases, respectively), corporal punishment accounted for 208 cases in 1998 and 245 cases in 1999 and "bullying in schools" accounted for 353 cases in 1999. (The classification of "bullying in schools" was added to statistics starting in 1999.)
[Question 41.] Please provide information regarding children who do not go to school because of "school phobia" and those who drop out of school for various reasons.
(About refusal to go to school)
1. The number of students and pupils at state and public and private elementary or junior high schools who refused to go to school for 30 days or more in the academic year 1999 was 130,227.
2. The reason for and background of refusing to go to school varies from one case to another. It may have something to do with family problems, their school life (relationship with friends, relationship with teachers), or the student's awareness.
It is also pointed out that guardians of children as well as children themselves have begun to lose the idea that "students must always go to school."
3. In order to support these students' return to school, the Ministry of Education, Culture, Sports, Science and Technology has instructed the Board of Education to make each school deepen its understanding of each student and provide guidance to the students that respects each student's personality. The Ministry is also promoting the following measures:
(1) The realization of schools that are enjoyable for students, through lessons which are understandable and achievable,
(2) Improvement of education counseling system of schools by increasing the number of "School Counselors" and by posting "Mental Counselors at Classrooms,"
(3) The measure to treat students as attending the school in which they are registered in case they receive instruction at the facilities out of school which help truant students come back to school such as so-called "adaptation guidance classrooms,"
(4) Expansion of qualification of candidacy for the Lower Secondary School Equivalency Examinations and the University Entrance Qualification Tests, and the care when they take an entrance examination for the high school.
(About dropout from school)
4. The number of dropouts from public and private senior high schools in the academic year 1999 totaled 106,578, decreasing 4,794 from the previous year. The ratio of dropouts among the initial number of students enrolled at the beginning of the year was 2.5% in the academic year 1999, almost unchanged from the previous year.
5. Looking at the reasons for dropouts, "lacked the ability to adjust to school and study life" accounted for the highest percentage at 37.1%, followed by "desired to change courses" at 36.8%.
6. In order to tackle the problem of the dropout, we are trying to improve career guidance and high school education as follows:
(1) Improvement of career guidance at junior high schools and selection of enrollees in high schools
(2) Establishment of various schools such as those based on the accrediting system or having a department of general education so as to allow students to choose
(3) Promotion of diversification of and flexibility in high school education curriculum
(4) Fulfillment of guidance according to the personality of each student
[Question 42.] Please provide information on the situation of Korean students studying in Japan, in connection with allegations by the International Association of Democratic Lawyers to the effect that Korean students' human rights have been violated by the Government of Japan.
1. (Right to learn the one's own language and culture)
Japanese public schools at the compulsory education level accept foreign students, including Korean students, if they wish to attend those schools. Foreign students are qualified to enter schools at the upper secondary school level and higher as long as they have graduated from Japanese regular schools. Each local government is allowed to provide foreign students with opportunities to learn their ethnic languages and ethnic cultures as an extracurricular activity by its own judgment.
2. (Korean schools)
(1) In Japan, university entrance qualification is given to the graduates of Japanese regular high schools and those who have at least the same level of ability as them, including those who passed the University Entrance Qualification Examination, regardless of their nationality. In September 1999, the Japanese Government changed the regulation to enable the graduates from foreign schools, including Korean schools, to obtain university entrance qualification by passing the University Entrance Qualification Examination. In addition, since 1979, university entrance qualification is admitted to the graduates from international schools and other schools who have acquired the International Baccalaureate Diploma provided by the International Baccalaureate Organization, a non-profit educational foundation in Geneva, Switzerland.
(2) Thus, as to the foreign schools which does not meet the standards for the public education, their graduates can obtain the university entrance qualification by satisfying a certain academic requirements and our understanding is that such a practice is common throughout the world. (See the result of the survey below.)
(3) The Government's financial aid to private schools are available to the Japanese regular schools such as high schools and universities, and it is not available to foreign schools, including Korean schools, and other miscellaneous educational institutions, including language schools. For example, with regard to foreign schools, we believe that, in many countries and regions, financial aid from the central government is not available to foreign schools. (See the result of the survey below.)
(For reference, Result of the 1999 Survey)
(1) According to the result of our survey published in July 1999 which studied the status of foreign schools and the university entrance qualification of their graduates on 23 national, state and regional governments and 199 foreign schools in the world, only 1 national government out of 13 national, state and regional governments admits the university entrance qualification with the graduation of foreign schools, and only 2 out of 107 schools answered the same way. In most countries and regions, graduates of foreign schools can obtain the university entrance qualification through meeting requirements such as the Baccalaureate diploma or the result of the nationwide standardized test.
(2) The same survey shows that only 1 national government and 5 state and regional governments out of 13 national governments and 15 state and regional governments provide financial aid to foreign schools in their territories, and only 17 out of 105 schools receive financial aid from the governments. Many national, state and regional governments do not provide financial aid to foreign schools, which is the same situation in Japan where the Japanese government do not provide financial aid to foreign schools, including Korean schools.
*The survey covered 23 national, state and regional governments and 199 foreign schools in the following countries and regions.
Australia, Bangladesh, Canada, China, France, Germany, India, Indonesia, Italy, Republic of Korea, Malaysia, Myanmar, Nepal, Pakistan, Philippines, Singapore, Sri Lanka, Switzerland, Thailand, United Kingdom, United States of America, Hong Kong, Taiwan
3. (Violence against Korean students)
Malicious harassment against Korean students should never be allowed. The Government continues to make effort to make the education more fulfilling through due consideration of the human rights of students and respect for the individuals and to give advice to promote a variety of learning activities regarding the respect for human rights.
[Question 43.] Please provide information on the provision of human rights education in the school system and in the training of teachers, health workers, judges, members of the police force, civil servants or military personnel.
(Human rights education in the school system)
1. Based on the understanding that it is extremely important to promote human rights education in the spirit of the Constitution of Japan and the Fundamentals of Education Act education in which fundamental human rights are respected, in the school education, we have sought to deepen the respect for the human rights of pupils/students as they grow through educational activities at the primary and then the junior and senior high schools, and to improve quality of education in which each individual pupil or student is cared for.
Also, to improve human rights education in the school system, we have tackled the task of improving the substance and method of the education/guidance by designating "schools to make a study of human rights education," pursuing "regional projects to promote education in a comprehensive manner," etc.
(Training of teachers and other school personnel)
2. It is important for teachers to foster in themselves the spirit of respect for human rights by making a proper study on human rights. Therefore, the Ministry of Education, Culture, Sports, Science and Technology has implemented measures to encourage human rights studies in the training of prospective teachers at colleges/universities and training of in-service teachers by local boards of education.
In the training of prospective teachers at colleges/universities, in which the study of the Constitution of Japan has been required of all students concerned, the "integrated study" has now been established as another required subject, with necessary modifications to the systems concerned effected in 1998 (it has been required of all students concerned who have entered colleges/universities in or after April 2000), so that these aspirants to education can deepen their understanding of and thus become able to properly guide their future pupils/students in such themes as human rights and global environment that are concerned with human beings or their society as a whole.
In the case of training of in-service teachers, each prefectural or municipal government conducts human rights training as part of the training of new teachers and of the training it gives to other teachers according to the number of years in service. Also the Ministry of Education, Culture, Sports, Science and Technology not only includes human rights among the themes of its central training course but also conducts seminars, study/conference meetings and so on on various themes related to human rights.
(Training of health workers)
3. For doctors and dentists, "medical ethics" are hold up as an important element in the standard for making questions for a state examination for each license concerned. For other medical workers also, in the courses of study established as ones to be followed by prospective public health nurses, midwives and ordinary nurses at their training facilities, they are required to understand the importance of human rights and, in the courses of study stipulated as ones to be followed by prospective physical therapists and occupational therapists at their training facilities, they are required to grasp the dignity of human beings. Also in the courses of study established as ones to be followed by prospective clinical radiotherapeutic engineers, clinical examination engineers and other medical professionals at their training facilities, ethics necessary as medical workers is made part of the substance of their education.
(Training of judges)
4. In the case of prospective judges, prosecutors and lawyers, for any person who takes legal training program at the Legal Research and Training Institute before qualifying as a person of the legal profession concerned, lectures on rights related to labor, protection of juveniles and so on are given during this training period.
Also for those who have been appointed as judges, various training/research conferences are held where lectures are given on the International Covenants on Human Rights, the problem of discrimination in Japan and recent moves by the Council for the Promotion of Human Rights Protection and where other lectures are also given on such questions as how to prevent sexual harassments, etc. In addition, a curriculum to focus on concrete problems concerning the right, protection, or welfare of juveniles or children is followed to discuss current juvenile delinquency cases or family affairs cases.
For court personnel other than judges as well, lectures are given as needed as part of their training, etc. that have protection of human rights as the theme or that take up such other things as various problems of social discrimination, the concept of the basic right to labor, labor conditions, sexual harassment, protection of motherhood, the idea of a gender-equal society, equality in marriage, protection of juveniles and so on.
(Training of police personnel)
5. In the case of police personnel, for those who have newly been employed or promoted, classes or education in the importance of respecting human rights is given at the police schools. For those who are engaged in criminal investigations or detaining suspects, etc., on the other hand, education in human rights is conducted as a specialized course at the police schools or as part of training at their places of work to ensure that they discharge their duties properly by respecting the human rights of suspects.
(Training of civil servants)
6. The National Personnel Authority adopts curricula on human rights in the various types of training it conducts for national public service personnel. It also gives each ministry/agency guidance to enhance human rights education in such training programs conducted by each ministry / agency for their employees. Concerning local public service personnel, on the other hand, the Ministry of Public Management, Home Affairs, Posts and Telecommunications positively takes the course in human rights into the curricula of training it conducts at its Local Autonomy College and Fire and Disaster Management College, while local public bodies conduct their own training of personnel in human rights.
The Human Rights Bureau and the (District) Legal Affairs Bureaus across the country provide national public servants and officials of municipalities who are in charge of the service of protecting human rights, respectively, with an annual training which includes lectures on the International Declaration of Human Rights, International Covenants on Human Rights and so on.
(Training of SDF Personnel)
7. The Japan Defense Agency conducts its education in human rights by giving lectures on respect for basic human rights based on one of the ideas proclaimed in the Constitution and on the substance of the Geneva Conventions to the Self-Defense Force personnel attending the National Defense Academy, National Defense Medical College, Ground, Maritime and Air Self- Defense Force Official Candidate Schools and so on.
[Question 44.] Please indicate the measures taken by Japan to facilitate access to education by older persons.
1. Social education facilities in each community, including the public hall, which is the base for learning available to people of the community, provide older persons and so on with various opportunities of learning which may enable the older persons to live to some purpose. The Government subsidizes these municipalities which are executing these educational projects.
The broadcast university, i.e. the University of the Air, has created, as a new type of university offering an opportunity of wide ranging university education by making use of broadcast media such as TV or radio, an environment in which even those who find it difficult to physically attend classes can easily receive education at home, thus promoting lifelong learning by the aged. At the university, 11.6% of the student enrollment are those of 60 years and up.
2. The following are the efforts the Government has undertaken so far to set up framework including establishment of organizations as well as the measures the Government has taken to promote lifelong learning:
Established Lifelong Learning Councils (comprehensive bodies to make research/hold discussions to promote lifelong learning that are supposed to be able to be established in prefectures; the Government had established them in 36 prefectures as of April 1999).
Established Lifelong Learning Promotion Conferences and the like (as
Enhancement of social education
Promotion of sports activities
Promotion of cultural activities
Expansion of other learning opportunities
Expansion of university credit recognition
Improvement of evaluation systems used in employment of staff
Article 15: Right to take part in cultural life and to enjoy the benefits of scientific progress and protection of authors' rights.
[Question 45.] Please provide information on the results of the implementation of the 1997 Act to promote the Ainu culture and traditions.
Law for the Promotion of the Ainu Culture and for the Dissemination and Advocacy for the Tradition of the Ainu and Ainu Culture was enacted in May 1997 and enforced it in July 1997.
A legally incorporated foundation, The Foundation for Research and Promotion of Ainu Culture, which conducts projects for promotion of Ainu Culture, was established in June 1997 and was appointed as Designated Corporation based on the Law in November 1997.
In order to facilitate the promotion of Ainu Culture, by actively promoting measures for promotion of Ainu culture through support to the Corporation, which are promoting comprehensive and practical research on the Ainu and the Ainu culture including the Ainu language, disseminating and advocating for the Ainu traditions in accordance with the Law. The Government has been making efforts for realization of society where the pride of Ainu people as a race is respected and for the development of multifarious culture in Japan.
[Question 46.] Please provide information on the measures adopted by the State party to extend to the whole population, in particular to the most vulnerable groups, the benefits of culture and scientific progress and its applications.
The Government has adopted a variety of such measures. The following are those adopted in special consideration for the aged and the handicapped.
(1) The National Museum and the National Museum of Art charge the aged and the physically handicapped no admission to their permanent exhibits. They also make efforts to make their facilities easier to use for these people by constructing elevators or escalators, providing slopes and rest rooms for the physically handicapped, making various signs easier to see and making wheelchairs available for them inside the facilities. These measures are taken not only for the aged but also for the physically handicapped, but the Government is of the view that they are similar to those measures which are required to be adopted for the aged in Paragraph 40 of General Comment No. 5.
Likewise, at National Theater, New National Theater Tokyo and some other theaters, elevators or escalators have been constructed and slopes, rest rooms for the physically handicapped etc. are provided to make the facilities easier to use for such people. In some of the theaters, there are special seating facilities for physically handicapped persons in wheelchairs, while others have introduced a system of discounting admission for the physically handicapped and the aged.
(2) The Copyright Law includes provisions concerning reproduction of works in audio recordings or in braille for special persons who have difficulties in seeing/hearing. In 2000, an amendment was made to the Law enabling, ?storage/transmission of "braille data" (data generated in the process of trauscibing works in braille by a computer) ?transmission of subtitles of broadcast programs in parallel with the broadcasts through Internet, without authorization of the copyright hoiders.
(3) As for Paragraph 42 of General Comment 5, the Government is undertaking research and studies such as Comprehensive Resarch on Aging and Health, about diseases peculiar to the aged, such as dementia and osteoporosis: so far, progress has been made in the development of treatments for immune deficiency, a method has been developed for diagnosis of Alzheimer's disease in its early stages, and treatment guideline has been prepared for osteoporosis. The Government has also organized a reseach commitee of specialists in gerontology which has been promoting the basic and clinical studies on the causes of aging-related diseases and their diagnosis, treatment and prevention.
Concerning medical appliances, the Government encourages R&D activities for artificial internal organs to replace or supplement physical dysfunctions due to the aging, medical appliances enabling the aged persons to be treated under light burdens and home-care nursing products to enhance the quality of the patients' lives.
(4) As for R&D activities for daily goods etc. that are safe and easy to use for the aged, the Government conducts researches and studies to create an environment in which daily goods and so on developed by attaching importance to the viewpoint of the aged are supplied smoothly. It also conduct researches and studies to find out the products which the aged would find easy to use and also the living environment in which the aged feel comfortable. In addition to these, the Government promotes preparation of a database on character of physical functions of the aged on the decline of these functions and accumulation of a database on special quality of Information Technology and focuses on the decline of one's memory and management of brain, in its efforts to promote development of devised products and systems which reflect the viewpoint of the aged and are easy and safe to use efficiently.
(5) As for R&D activities to make the most of information/telecommunications, the Government supports the development of information/telecommunications facilities to operate the emergency reporting system and the home-care health management support system connecting medical institutions and the homes of aged persons as part of its "teletopia" project aimed at activating communities through the enhancement of the information society by making the most of such media as CATV or Internet. The Government also promotes R&D for the Intelligent Transport Systems which enable drivers to be given warning against dangers or to be assisted in the driving through the use of state-of-the-art information/telecommunications technologies etc., thus contributing to safe and comfortable movements of the aged.
(6) R&D activities promoted by the Government also include those for a system intended for the hearing impaired person. The system is to have the function both of converting sign language into voice language through image processing method and of converting voice message into animated sign language. Through the R&D activities in fiscal year 1999, a compact type of dialogue system between sign language and voice languages was developed.
Also developed has been a system enabling the visually impaired person to use such software as browser, word-processing or spreadsheet software, by using voice output. It has also become possible to cause machines to input and/or output data using tactile display.
(7) From 1993 through 1996, research and studies were conducted by the Government to realize systems making free and advanced communication available for persons whose sense of sight/hearing is damaged, including a high-function telephone system in which volume is adjusted automatically according to the distance between the receiver and the ear concerned and a portable information processing system that enables the user of the system to send out the messages by the motion of his/her fingers. Since fiscal year 1996, the Government has commenced its R&D activities to develop technology to expand the information on the screen which is perceived necessary for a weak-sighted machine user judging from the movement of his/her eyes, etc. to an optimum size and also a technology to set the size of the control panel automatically according to the degree of disability of the user to facilitate input of information by a physically handicapped person whose fingers are shaky have been covered by government-sponsored R&D activities.
From fiscal year 1996, the Government has made low-interest rate loans available to parties engaged in the development of telecommunications/broadcasting services which facilitate greater benefits to the aged, handicapped or those who take care of them. Since 1997, it has launched a system of subsidizing private-sector development of telecommunications/broadcasting services for the handicapped or the aged, with the aim of supporting the private-sector R&D activities.
(8) From 2000, the Government has started research and studies on telecommunications systems supporting the aged or the handicapped to enable them to have easy access to Web sites on the Internet. In 1998, it notified the public of the "guidelines on accessibility of the handicapped to telecommunications equipment" that establishes the proper values of indices of functions which telecommunications equipment is required to fulfill. In June 2000, the "guidelines on accessibility of the handicapped to information processing equipment" were revised as "guidelines on accessibility of the handicapped and the aged to information processing equipment" which includes voice input, display in braille, etc. as additional functions required of information processing equipment.