Japan: Persistent violations

Summary: The violations highlighted are those issues raised with the State by more than one international human rights mechanism. This is done with the intention of identifying children's rights which have been repeatedly violated, as well as gaps in the issues covered by NGOs in their alternative reports to the various human rights monitoring bodies. These violations are listed in no particular order.

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• Discriminatory legal provisions in the Civil Code with respect to the minimum age for marriage (18 for boys, 16 for girls)
• Discrimination against children born out of wedlock
• Discrimination against children from minority groups in education, particularly against Korean, Burakumin and Ainu children
• Corporal punishment
• Trafficking in women and children
• Sexual violence against women and girls

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Discriminatory legal provisions in the Civil Code with respect to the minimum age for marriage (18 for boys, 16 for girls)

UN Committee on the Rights of the Child (Concluding Observations, June 2010)

The Committee expresses its concern that, despite a recommendation in its previous concluding observations (CRC/C/15/Add.231, paragraph 22) to eliminate the difference between the minimum age of marriage for boys (18 years) and girls (16 years), the disparity remains.

The Committee recommends that the State party reconsider its position by raising the age of marriage to 18 years for both sexes. (Paragraphs 31 & 32)

Human Rights Committee (Concluding Observations, November 1998)

the minimum age of marriage is different for men and women. The Committee recommends that the State party amend the Civil Code to ensure the minimum age is the same for both sexes. (para 11)

UN Committee on the Elimination of Discrimination against Women (Concluding Observations, July 2009)

there are discriminatory legal provisions in the Civil Code with respect to the minimum age for marriage. The Committee urges the State party to take immediate action to amend the Civil Code to set the minimum age for marriage at 18 for both women and men. (Paragraphs 17, 18)

Universal Periodic Review (May 2008)

Encourage the continued taking of measures relating to discrimination against women in particular to raise the age of marriage to 18 for women as for men (France) – accepted by Japan

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Discrimination against children born out of wedlock

UN Committee on the Rights of the Child (Concluding Observations, June 2010)

The Committee is concerned that, in spite of several legislative measures, children born out of wedlock still do not enjoy the same rights as children born in marriage under the laws governing intestate succession.[...]

The Committee recommends that the State party:

(a) Enact a comprehensive anti-discrimination law and repeal all legislation which discriminates against children on any basis [...] (Paragraphs 33 & 34)

Human Rights Committee (Concluding Observations, November 1998)

Children born out of wedlock are discriminated against in acquiring nationality, inheritance rights and birth certificates. The Committee recommends that the State party remove any provisions discriminating against children born out of wedlock from its legislation. (Paragraph 28)

UN Committee on the Elimination of Discrimination against Women (Concluding Observations, July 2009)

Children born out of wedlock are discriminated against through the family registry system and in provisions on inheritance. The Committee urges Japan to repeal the discriminatory provisions in the Civil Code and in the Family Registration Law that discriminate against children born out of marriage. (Paragraphs 17, 18)

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Discrimination against children from minority groups in education, particularly against Korean, Burakumin and Ainu children

UN Committee on the Rights of the Child (Concluding Observations, June 2010)

The Committee is concerned that schools for children of Chinese, North Korean or other origin are insufficiently subsidised. It is also concerned that graduates from these schools may not be eligible for entrance examinations to universities and colleges in Japan.

The Committee encourages the State party to increase subsidies to non- Japanese schools and ensure that access to university and college entrance examinations is non-discriminatory. The State party is encouraged to consider ratifying the UNESCO Convention against Discrimination in Education. (Paragraphs 72 & 73)

UN Committee on the Elimination of Racial Discrimination (Concluding Observations, March 2010)

Concerns raised:

• the continued incidence of explicit and cruel statements and actions against ethnic groups, including children attending Korean schools and the harmful and racist expressions and attacks via the Internet directed, in particular, against Burakumin. The Committee recommends that the State party increase awareness-raising efforts against racial discrimination to help prevent racially motivated offences including hate speech. (Paragraph 13)

• the lack of information on programmes to overcome racism in the education system.
• the lack of adequate opportunities for Ainu children or children of other indigenous groups to receive instruction in their own language. In this regard, the Committee encourages the State party to consider providing adequate opportunities for minority groups to receive instruction in their language and invites the State to consider acceding to the UNESCO Convention against Discrimination in Education.
• the principle of compulsory education is not fully applied to children of foreigners. The Committee recommends that Japan ensure that there is no discrimination in the provision of educational opportunities and ensure that no child residing in the territory of the State party faces obstacles in connection with school enrolment and the achievement of compulsory education.
• the differential treatment of schools for foreigners and descendants of Korean and Chinese residents, with regard to public assistance, subsidies and tax exemptions.
• the approach of some politicians suggesting the exclusion of North Korean schools from current proposals for legislative change to make high school education tuition free of charge in public and private high schools, technical colleges and various institutions with comparable high school curricula. (Paragraph 22)

UN Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance

Country visit: 3-12 July 2005
Report published: 24 January 2006

The number of Buraku children who attend high school is 20 per cent lower than that of other children, as highlighted by the Kyoto prefectural government. It is believed that this is a consequence of the racial discrimination experienced by Buraku children in high school. In this regard, Mr. Diène recommended that the government establish an appropriate administrative function that deals specifically with the problem of discrimination. (Paragraph 20)

Violence against Korean schoolchildren is still a serious concern. Some children suffer insults or are physically abused simply for being Korean. But the most serious expression of violence concerns Korean girls wearing national Korean dresses, who have had their clothes ripped or cut in public places during daytime. Children are now scared of revealing their identity or of wearing their traditional dress. In this regard, Mr. Diène recommended that the government adopt strong preventive and punitive measures to stop and sanction racially motivated violent acts against Korean children. (Paragraph 58)

Koreans use Japanese names against their will to avoid discrimination. In primary schools, only 14.2 per cent of Korean children use their Korean name. In secondary school, this drops to nine per cent. Ill-treatment, such as harassment, verbal abuse, physical violence, or the ripping of the chima chogori (Korean ethnic dress) has occurred since North Korea admitted to abducting Japanese nationals in 2002. (Paragraph 30)

Discrimination against Ainu children: Many Ainu children leave school as a result of the discrimination they suffer. A 1999 survey conducted by the Hokkaido prefectural government revealed that while the average attendance rate for high school children is 97 per cent, the figure for Ainu children is 95.2. Another consequence of this discrimination is that children tend to be ashamed of their identity and therefore assimilate into the mainstream culture, losing touch with their own culture and their pride in it. In this regard, Mr. Diène highlighted that the Ainu community believes that the best way to combat discrimination is through education: many Japanese on the main island do not know anything about Ainu history, or even that the Ainu exist, or they think the Ainu are foreigners. The Ainu want their history and culture to be taught as part of the culture and history of Japan, which is not homogenous. Teachers do not teach the reality of Ainu culture and history at school. On the contrary, many of them continue to transmit the same stereotypes of the Ainu as being inferior, for example, by saying in front of a class that Ainu children can only count to 10. (Paragraph 43)

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Corporal punishment

UN Committee on the Rights of the Child (Concluding Observations, June 2010)

While noting the explicit prohibition of corporal punishment in schools, the Committee expresses concern at reports that the prohibition is not effectively implemented.

The Committee notes with concern the ambiguous ruling of the Tokyo High Court in 1981 which refrained from prohibiting all physical punishment. Furthermore, it is concerned that corporal punishment in the home and in alternative care settings is not expressly prohibited by law and that the Civil Code and the Child Abuse Prevention Law, particularly, allow the use of appropriate discipline and are unclear as to the admissibility of corporal punishment.

The Committee strongly recommends that the State party:

(a) Explicitly prohibit corporal punishment and all forms of degrading treatment of children in all settings by law, including the home and alternative care settings;

(b) Effectively implement the ban on corporal punishment in all settings;

(c) Undertake communications programmes, including campaigns, to educate families, teachers, and other professionals (Paragraphs 47 & 48)

Universal Periodic Review (May 2008)

- 17. Prohibit expressly all forms of corporal punishment of children and promote positive and non-
violent forms of discipline (Italy) - accepted by Japan

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Trafficking in women and children

UN Committee on the Rights of the Child (Concluding Observations, June 2010)

The Committee welcomes the amendment, effective July 2005, of the Penal Code, which established trafficking as a criminal offence, as well as the 2009 Action Plan on Measures to Combat Trafficking in Persons. It notes, however, the lack of information on the resources provided for this action plan, about the coordinating and monitoring body and on the impact of measures to address trafficking, especially in children.

The Committee recommends that the State party:

(a) Ensure effective monitoring of measures to address trafficking, especially in children;

(b) Ensure that victims of trafficking are provided with assistance for their physical and psychological recovery;

(c) Provide information on the implementation of the action plan;

(d) Ratify the 2000 Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime. (Paragraphs 79 & 80)

Universal Periodic Review (May 2008)

- 15. Continue the efforts to combat trafficking in persons with a special emphasis on women and
children (Canada) - accepted by Japan

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Sexual violence against and exploitation of girls

UN Committee on the Rights of the Child (Concluding Observations, June 2010)

The Committee reiterates its concern, noted following the examination of the State party's second periodic report, at the increasing instances of sexual exploitation of children, including through prostitution.

The Committee recommends that the State party strengthen efforts to investigate cases and prosecute perpetrators of child sexual exploitation and provide counselling and other recovery assistance to victims of sexual exploitation. (Paragraphs 81 & 82)

Committee on the Rights of the Child Concluding Observations for Japan's Initial OPSC Report (June 2010)

The Committee is concerned that, although the Online Dating Site Regulation Law aims to eliminate the use of online dating websites to facilitate child prostitution, other types of websites are not similarly covered by law.

The Committee recommends that the State party revise the Online Dating Site Regulation Law with a view to prohibiting the solicitation of child prostitution through all internet sites. (Paragraphs 32 & 33)

Read the full report: http://www.crin.org/resources/infoDetail.asp?ID=22739&flag=legal

UN Committee against Torture (Concluding Observations, May 2007)

• allegations of gender-based violence and abuse against women and children in custody, including acts of sexual violence by law enforcement personnel, continue to rise. (Paragraph 25)

• the lack of effective measures to prevent and prosecute violence perpetrated against women and girls by military personnel, including foreign military personnel stationed on military bases. The Committee urges the State to ensure all victims of sexual violence can claim redress before courts of law, including victims of foreign military personnel stationed on military bases. (Paragraph 25)

UN Committee on the Elimination of Discrimination against Women (Concluding Observations, July 2009)

The Committee expresses concerna about the prevalence of video games and cartoons featuring rape, gang rape, stalking and sexual molestation of women and girls normalises sexual violence. These video games fall outside the legal definition of child pornography in the Act Banning Child Prostitution and Child Pornography. The Committee urges the State to ban the sale of video games or cartoons involving rape and sexual violence against women. It also recommended that Japan include this issue in its revision of the Act Banning Child Prostitution and Child Pornography. (Paragraphs 35, 36)