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CEDAWの日本に対するConcluding Observations(2009)

CEDAW/C/JPN/CO/6

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Forty-fourth session
20 July-7 August 2009

Concluding observations of the Committee on the Elimination of Discrimination against Women
Japan
1.The Committee considered the sixth periodic report of Japan (CEDAW/C/JPN/6) at its 890th and 891st meetings, on 23 July (see CEDAW/C/SR.890 and 891). The Committee’s list of issues and questions is contained in CEDAW/C/JPN/Q/6 and the responses of the Government of Japan are contained in CEDAW/C/JPN/Q/6/Add.1.

Introduction
2.The Committee expresses its appreciation to the State party for its sixth periodic report which followed the Committee’s former guidelines for preparation of reports, but which was overdue. The Committee also expresses its appreciation to the State party for the written replies to the list of issues and questions raised by the pre-session working group and further expresses its appreciation to the State party for its oral presentation and the further clarifications given. The Committee notes that a number of changes in laws, policies and programmes with a positive impact on the rights of women have occurred since the end of the period covered by the State party’s report.

3.The Committee commends the State party for the inter-ministerial delegation headed by a member of the House of Councillors and appreciates the presence of a large number of national non-governmental organizations, showing a strong interest in the reporting process under the Convention.

4.The Committee expresses its appreciation for the frank, open and constructive dialogue held between the delegation and the members of the Committee.

5.The Committee welcomes the State party’s recognition of the positive contributions made by non-governmental human rights and women’s organizations in the implementation of the Convention.

Positive aspects
6.The Committee notes with appreciation that, since the consideration of its fourth and fifth periodic reports (CEDAW/C/JPN/4 and CEDAW/C/JPN/5) in 2003, the State party has enacted and revised numerous laws and legal provisions aimed at eliminating discrimination against women and promoting gender equality and achieving compliance with the State party’s obligations under the Convention. In particular, it welcomes the adoption of the amendment of the Civil Act abolishing the family head system contained in article 3.1 of the Nationality Law, which enables children born out of wedlock to Japanese men and foreign women to be granted Japanese nationality regardless of whether paternity is recognized before or after the birth. The amended provision also ensures that men and women have the same rights with respect to their children’s nationality.

7.The Committee commends the State party for the appointment in October 2005 of a Minister of State for Gender Equality and Social Affairs and the adoption of a comprehensive Second Basic Plan for Gender Equality in December 2005 which laid out 12 important fields towards practical realization of gender equality together with long-term policy direction until 2020.

8.The Committee welcomes the establishment in April 2004 of the Inter‑Ministerial Liaison Committee on the development of measures to combat trafficking in persons and the adoption in December 2004 of an Action Plan on Measures to Combat Trafficking in Persons.

9.The Committee welcomes the State party’s support for women with disabilities through the enactment in 2006 of the Services and Support for Persons with Disabilities Act and the revised Employment Promotion Law for Persons with Disabilities (2008) which expands and reinforces measures for the employment of persons with disabilities.

10.The Committee welcomes the State party’s continuous progress in reducing the maternal mortality rate, making it one of the countries with the lowest maternal mortality rates in the world.

11.The Committee notes with appreciation the enactment in 2006 of the Elderly Abuse Prevention Law which promotes measures to prevent the abuse of the elderly and provides support to caregivers.

12.The Committee appreciates the fact that the State party has integrated a gender dimension into its development cooperation programmes and is promoting women’s human rights within that framework.

Principal areas of concern and recommendations
13. The Committee recalls the State party ’ s obligation to implement, systematically and continuously, all the provisions of the Convention, and views the concerns and recommendations identified in the present concluding observations as requiring the State party ’ s priority attention between now and the submission of its next periodic report. Consequently, the Committee urges the State party to focus on those areas in its implementation activities and to report on actions taken and results achieved in its next periodic report. It calls upon the State party to submit the present concluding observations to all relevant ministries, to the Parliament and to the judiciary, so as to ensure their full implementation.

Parliament
14. While reaffirming that the Government has the primary responsibility and is particularly accountable for the full implementation of the State party ’ s obligations under the Convention, the Committee, stressing that the Convention is binding on all branches of Government, invites the State party to encourage its national parliament, in line with its procedures, where appropriate, to take the necessary steps with regard to the implementation of these concluding observations and the Government ’ s next reporting process under the Convention.

Previous concluding observations
15.The Committee regrets that some of the concerns it expressed and the recommendations it made after its consideration of the State party’s fourth and fifth periodic reports (CEDAW/C/JPN/4 and CEDAW/C/JPN/5) have been insufficiently addressed. It notes, in particular, that those regarding the lack of a definition of discrimination in line with the Convention, the discriminatory provisions in the Civil Code, the visibility of the Convention, the situation of women in the labour market and the wage discrimination women face and the low representation of women in high-level elected bodies have not been addressed.

16. The Committee urges the State party to make every effort to address the previous recommendations that have not yet been implemented, as well as the concerns contained in the present concluding observations, and report on their implementation in its next periodic report.

Discriminatory legislation
17.The Committee is concerned that, despite its recommendation in its previous concluding observations, discriminatory legal provisions in the Civil Code with respect to the minimum age for marriage, the waiting period required for women before they can remarry after divorce and the choice of surnames for married couples have yet to be repealed. It is further concerned that children born out of wedlock continue to be discriminated against through the family registry system and in provisions on inheritance. It notes with concern the use by the State party of public opinion surveys to explain the lack of progress in the repeal of discriminatory legislation.

18. The Committee urges the State party to take immediate action to amend the Civil Code with a view to setting the minimum age for marriage at 18 for both women and men, abolishing the six-month waiting period required for women but not men before remarriage and adopting a system to allow for the choice of surnames for married couples. It further urges the State party to repeal the discriminatory provisions in the Civil Code and in the Family Registration Law that discriminate against children born out of marriage and their mothers. The Committee points out that the obligations undertaken under the Convention by the State party upon ratification should not be solely dependent on the results of public opinion surveys, but on its obligations to align national laws in line with the provisions of the Convention as it is a part of its national legal system.

Legal status and visibility of the Convention
19.The Committee is concerned that the Convention has not been given central importance as a binding human rights instrument and as a basis for the elimination of all forms of discrimination against women and the advancement of women in the State party. In this connection, while noting that article 98, paragraph 2, of the Constitution stipulates that treaties that are ratified and promulgated have legal effect as part of the State party’s internal law, the Committee is concerned that the provisions of the Convention are non-self-executing and are not directly applicable in court proceedings.

20. The Committee urges the State party to recognize the Convention as the most pertinent, broad and legally binding international instrument in the sphere of the elimination of discrimination against women. The Committee urges the State party to take immediate measures to ensure that the Convention becomes fully applicable in the domestic legal system, and that its provisions are fully incorporated into national legislation, including through the introduction of sanctions, where appropriate. It also recommends that the State party increase its efforts to raise awareness about the Convention and the Committee ’ s general recommendations among judges, prosecutors and lawyers so as to ensure that the spirit, objectives and provisions of the Convention are well known and used in judicial processes. It furthermore recommends the State party to take measures to further increase awareness and provide capacity-building programmes for civil servants about the Convention and gender equality. It reiterates its recommendation that the State party continue to consider the ratification of the Optional Protocol and its strong belief that the mechanisms available under the Optional Protocol would strengthen the direct application of the Convention by the judiciary and assist it in understanding discrimination against women.

Definition of discrimination
21.While noting that the Constitution enshrines the principle of equality between men and women, the Committee remains concerned at the absence of direct and clear incorporation of the Convention and of a specific definition of discrimination against women in accordance with article 1 of the Convention in domestic legislation. It regrets that the Law on Securing of Equal Opportunity and Treatment between Men and Women (hereinafter referred to as the Equal Employment Opportunity Law), which was revised in 2006, did not incorporate such a definition but introduced a narrow definition of indirect discrimination. It recalls that the absence of a specific provision with a definition of discrimination against women, encompassing both direct and indirect discrimination in both the public and private spheres, constitutes an impediment to the full application of the Convention in the State party.

22. The Committee calls on the State party to take urgent steps to incorporate the Convention and the definition of discrimination against women, as contained in article 1 of the Convention, fully into domestic legislation and to report on progress made in this regard in its next periodic report.

National human rights institution
23.The Committee regrets that, despite its recommendation in its previous concluding observations and as highlighted by other treaty bodies, an independent national human rights institution with a wide mandate, including for the protection and promotion of women’s human rights, in accordance with the Principles relating to the status of national institutions (see General Assembly resolution 48/134, annex), has not yet been established.

24. The Committee recommends, taking account of Japan ’ s response at the Human Rights Council at the end of the universal periodic review process (see A/HRC/8/44/Add.1, para. 1 (a)), that the State party establish within a clear time frame an independent national human rights institution in accordance with the Principles, whose competencies should include issues related to the equality of women and men.

National machinery for the advancement of women
25.While welcoming the establishment in October 2005 of the Minister of State for Gender Equality and Social Affairs, the Committee is concerned that the Gender Equality Bureau of the Cabinet Office, which serves as the secretariat for the national machinery for gender equality, lacks the mandate and appropriate financial resources to perform its functions. The Committee regrets the lack of information in the report on the results achieved through the Second Basic Plan for Gender Equality.

26. The Committee recommends that the State party further strengthen its national machinery for the advancement of women, including by clearly defining the mandate and responsibilities of its various components, in particular between the Minister of State for Gender Equality and Social Affairs and the Gender Equality Bureau, and enhancing coordination among them, as well as through the provision of financial and human resources. It further recommends that the Convention be used as the legal framework for the design of the Third Basic Plan for Gender Equality and that monitoring mechanisms be put in place to regularly assess progress towards achievement of established goals.

Temporary special measures
27.The Committee notes with regret that no temporary special measures are in place to accelerate de facto equality between men and women or to improve the enjoyment by women of their rights in the State party, in particular with regard to women in the workplace and the participation of women in political and public life.

28. The Committee urges the State party to adopt, in accordance with article 4, paragraph 1, of the Convention and the Committee ’ s general recommendation No. 25, temporary special measures, with an emphasis on the areas of employment of women and participation of women in political and public life, including women in academia, and with numerical goals and timetables to increase representation of women in decision-making positions at all levels.

Stereotypes
29.The Committee is concerned at the reported “backlash” against the recognition and promotion of women’s human rights in the State party, despite the persistence of inequality between women and men. It continues to be concerned at the persistence of patriarchal attitudes and deep-rooted stereotypes regarding the roles and responsibilities of women and men in the family and in society in Japan, which threaten to undermine women’s exercise and enjoyment of their human rights. The Committee notes that this persistence is, inter alia, reflected in the media and in educational textbooks and curricular materials, all of which influence women’s traditional educational choices and contribute to the unequal sharing of family and domestic responsibilities, resulting in their disadvantaged situation in the labour market and their underrepresentation in political and public life and decision-making positions. The Committee is further concerned that stereotypical attitudes are particularly prevalent in the media, where women and men are often depicted in a stereotyped manner and that pornography is becoming increasingly prevalent in the media. The over-sexualized depiction of women strengthens the existing stereotypes of women as sex objects and continues to generate girls’ low self-esteem. The Committee expresses its concern at the high incidence of gender discriminatory statements and sexist remarks made by public officers and the lack of steps taken to prevent and punish verbal violence against women.

30. The Committee calls upon the State party to further enhance its efforts and to take proactive and sustained measures to eliminate stereotypical attitudes about the roles and responsibilities of women and men, through awareness-raising and educational campaigns. The Committee recommends that the State party encourage the mass media to promote cultural change with regard to the roles and tasks considered suitable for women and men, as required by article 5 of the Convention. The Committee requests the State party to enhance the education and in-service training of the teaching and counselling staff of all educational establishments and at all levels with regard to gender equality issues, and to speedily complete a revision of all educational textbooks and materials to eliminate gender stereotypes. The Committee urges the State party to take measures, including the criminalization of verbal violence, to ensure that Government officials do not make disparaging remarks that demean women and contribute to the patriarchal system which discriminates against women. It also urges the State party to strengthen its strategies to combat pornography and sexualization in the media and advertising and to report the results of the implementation in its next periodic report. It calls on the State party to take proactive steps , including through encouraging the adoption and implementation of self-regulatory measures , to ensure that media production and coverage are non-discriminatory and promote positive images of girls and women, as well as increase awareness of these issues among media proprietors and other relevant actors in the industry.

Violence against women
31.The Committee welcomes the various efforts undertaken by the State party to combat violence against women and sexual violence since the submission of its previous periodic report, including the revision of the Act on the Prevention of Spousal Violence and the Protection of Victims (domestic law legislation) which enhances the system for issuing protection orders and requires municipalities to establish counselling and support centres. It remains concerned that the domestic legislation does not cover all forms of violence within intimate relationships and that the time between a request for a protection order and its issuance may further endanger the victim’s life. The Committee is further concerned at the obstacles women victims of domestic and sexual violence face when bringing complaints and seeking protection. It is particularly concerned at the precarious situation of immigrant women, minority women and women of vulnerable groups in this context which may prevent them from reporting cases of domestic and sexual violence. The Committee also expresses concern about the lack of information and data provided about the prevalence of all forms of violence against women.

32. The Committee calls upon the State party to address violence against women as a violation of women ’ s human rights and to make full use of the Committee ’ s general recommendation No. 19 in its efforts to address all forms of violence against women. It urges the State party to intensify its awareness-raising efforts with regard to the unacceptability of all such violence, including domestic violence. It recommends that the State party strengthen its work on violence against women and speed up the issuance of protection orders and open a 24-hour free hotline for counselling women victims of violence against women. It also recommends that the State party ensure that high-quality support services are provided to women, including immigrant women and women of vulnerable groups, in order for them to bring complaints, seek protection and redress, thus ensuring that they do not have to stay in violent or abusive relationships. In this respect, the State party should take the necessary measures to facilitate the reporting of domestic and sexual violence. The Committee recommends that the State party implement comprehensive awareness-raising programmes throughout the country directed at these groups of vulnerable women. It calls upon the State party to ensure that public officials, especially law enforcement personnel, the judiciary, health-care providers and social workers, are fully familiar with relevant legal provisions and are sensitized to all forms of violence against women, and that they are capable of providing adequate support to victims. It urges the State party to collect data and to conduct research on the prevalence, causes and consequences of all forms of violence against women, including domestic violence, and to use such data as the basis for further comprehensive measures and targeted intervention. It invites the State party to include statistical data and the results of measures taken in its next periodic report.

33.The Committee is concerned that, under the Penal Code, the crime of sexual violence is prosecuted only upon complaint by the victim and is still considered to be a crime against morality. The Committee further remains concerned that the penalty for rape remains low and that incest and marital rape are not defined explicitly as crimes under the Penal Code.

34. The Committee urges the State party to eliminate in its Penal Code the requirement of the victim ’ s complaint in order to prosecute crimes of sexual violence and to define sexual crimes as crimes involving violations of women ’ s rights to bodily security and integrity, to increase the penalty for rape and to include incest as a specific crime.

35.While the Committee welcomes legislative measures taken against child prostitution, such as the revision of the Act Banning Child Prostitution and Child Pornography which increased the maximum term of imprisonment for offences committed under this legislation, the Committee is concerned at the normalization of sexual violence in the State party as reflected by the prevalence of pornographic video games and cartoons featuring rape, gang rape, stalking and the sexual molestation of women and girls. The Committee notes with concern that these video games and cartoons fall outside the legal definition of child pornography in the Act Banning Child Prostitution and Child Pornography.

36. The Committee strongly urges the State party to ban the sale of video games or cartoons involving rape and sexual violence against women which normalize and promote sexual violence against women and girls. The Committee also recommends that, as indicated in the delegation ’ s oral assurance during the constructive dialogue, the State party include this issue in its revision of the Act Banning Child Prostitution and Child Pornography.

37.The Committee notes that some steps were taken by the State party to address the situation of “comfort women” but regrets the State party’s failure to find a lasting solution for the situation of “comfort women” victimized during the Second World War and expresses concern at the deletion of references to this issue in school textbooks.

38. The Committee reiterates its recommendation that the State party urgently endeavour to find a lasting solution for the situation of “ comfort women ” which would include the compensation of victims, the prosecution of perpetrators and the education of the public about these crimes.

Trafficking and exploitation of prostitution
39.While welcoming the efforts undertaken by the State party to combat human trafficking, such as its establishment of the Anonymous Reporting Model Project, the Committee remains concerned about the persistence of trafficking in women and girls, the exploitation of prostitution, and the lack of measures aimed at rehabilitating women victims of trafficking. While noting with satisfaction the sharp decrease in the granting of entertainment visas, the Committee is concerned at information suggesting that internship and trainee programmes could be used for the purposes of forced labour and sexual exploitation. The Committee is further concerned that prostitutes are subject to prosecution under the Anti-Prostitution Law, while their clients do not face punishment.

40. The Committee requests the State party to take further measures to protect and support victims of trafficking and address the root cause of trafficking by increasing its efforts to improve the economic situation of women, thereby eliminating their vulnerability to exploitation and traffickers, as well as to take measures for the rehabilitation and social integration of women and girls who are victims of exploitation of prostitution and trafficking. The Committee calls on the State party to take appropriate measures to suppress the exploitation of prostitution of women, including by discouraging the demand for prostitution. It also urges the State party to take measures to facilitate the reintegration of prostitutes into society and provide rehabilitation and economic empowerment programmes for women and girls exploited in prostitution. The Committee requests the State party to continue to monitor the issuance of visas for internship and trainee programmes closely. The Committee calls upon the State party to ratify the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime.

Equal participation in political and public life
41.The Committee is concerned at the low percentage of women in high-ranking positions in the Government, the Diet, the local assemblies, the judiciary, academia and the diplomatic service. It notes the lack of statistics on the participation of minority women in political and public life.

42. The Committee urges the State party to strengthen its efforts to increase the representation of women in political and public life, through, inter alia, the implementation of special measures in accordance with article 4, paragraph 1, of the Convention, and with the Committee ’ s general recommendation No. 25, in order to accelerate the realization of women ’ s de facto equality with men. It encourages the State party to ensure that the representation of women in political and public bodies reflects the full diversity of the population. The Committee requests the State party to provide data and information on the representation of women, including migrant and minority women, in political and public life, in academia and in the diplomatic service, in its next periodic report. It calls upon the State party to consider using a range of possible measures, such as quotas, benchmarks, targets and incentives, in particular with regard to the accelerated implementation of articles 7, 8, 10, 11, 12 and 14 of the Convention.

Education
43.While noting the many initiatives undertaken to ensure women’s equal rights with men in the field of education, the Committee is concerned that, despite strong opposition, the Basic Act on Education has been amended and article 5, which refers to the promotion of gender equality, has been removed. The Committee also notes with concern that women continue to be concentrated in traditional fields of study and are underrepresented in academia as students and as faculty members, particularly at the professorial level.

44. The Committee recommends that the State party give serious consideration to reintegrating the promotion of gender equality in the Basic Act on Education so that the State party ’ s commitment under the Convention to protect women ’ s full rights in the field of education is integrated into domestic law. The Committee also urges the State party to ensure that education policy includes measures to encourage girls and women to pursue education and training in non-traditional fields and so broaden their opportunities for employment and careers in better paying sectors of the economy. The Committee recommends that in the Third Basic Plan for Gender Equality the quota set for the ratio of female faculty in university and colleges be increased from 20 per cent to ultimately facilitate movement towards parity in the sex ratio in these institutions.

Employment
45.The Committee remains concerned about women’s disadvantaged situation in the labour market, as reflected in the significant vertical and horizontal occupational segregation between women and men. The Committee is particularly concerned that the “employment management category” in the Administrative Guideline under the Equal Opportunity Law may provide leeway for employers to introduce a track-based system which discriminates against women. It is also concerned about the persistence of a very high gender-based wage gap of 32.2 per cent in hourly earnings among full-time workers and of an even higher gender-based wage gap among part-time workers, the predominance of women in fixed-term and part-time employment and illegal dismissal of women due to pregnancy and childbirth. The Committee also expresses concern regarding the inadequate protections and sanctions within existing labour laws. In particular, the Committee is concerned about the absence in the Labour Standards Law of a provision recognizing the principle of equal pay for equal work and work of equal value in accordance with the Convention and ILO Convention No. 100. The Committee also expresses concern at widespread sexual harassment in the workplace and the fact the legislation includes measures to identify companies that fail to prevent sexual harassment, and no punitive measures to enforce compliance beyond publicizing the names of the offending companies. The Committee is further concerned at the lengthy legal processes on employment issues, which are not understood by women and which impede them from obtaining redress in the courts, as provided for under article 2 (c) of the Convention.

46. The Committee urges the State party to prioritize the realization of women ’ s de facto equality with men in the labour market, so as to achieve full compliance with article 11 of the Convention. It recommends that the State party take concrete measures, including temporary special measures in accordance with article 4, paragraph 1, of the Convention and the Committee ’ s general recommendation No. 25, to eliminate both vertical and horizontal occupational segregation and close the gender-based wage gap between women and men, as well as measures to prevent the practice of illegal dismissal of women in cases of pregnancy and childbirth. It encourages the State party to establish sanctions for discrimination against women in the employment field in both the public and private sectors, including sexual harassment, so as to create effective enforcement and monitoring mechanisms and to ensure that women have access to means of redress, including legal aid and timely disposal of their cases.

Reconciliation of family and work life
47.While welcoming the State party’s legislative and policy efforts, such as the Charter for Work-Life Balance, the Action Policy for Promoting Work-Life Balance and the Strategy to Support Children and Family, as well as other measures to improve the reconciliation of family and work life, the Committee is concerned that domestic and family responsibilities are still primarily borne by women, and that this is reflected in the extremely low rate of men who take parental leave and by the fact that women interrupt their careers or engage in part-time jobs to meet family responsibilities.

48. The Committee encourages the State party to step up its efforts to assist women and men to strike a balance between family and employment responsibilities, inter alia through further awareness-raising and education initiatives for both women and men on the adequate sharing of care of children and domestic tasks, as well as by ensuring that part-time employment is not taken up almost exclusively by women. The Committee urges the State party to strengthen its efforts to improve the provision and affordability of childcare facilities for children of different age groups and encourage more men to avail themselves of parental leave.

Health
49.While commending the State party for the high quality of its health services, the Committee is concerned about the recent increase in the prevalence of sexually transmitted diseases, including HIV/AIDS, among Japanese women. It is also concerned at the high ratio of abortion among teenage girls and young women and at the fact that women who elect to undergo abortion can be subjected to punishment under the Penal Code. The Committee regrets the lack of information on the mental and psychological health of women.

50. The Committee recommends that the State party promote sexual health education targeted at adolescent girls and boys, and ensure access to sexual health information and all services, including those directed at interruption of pregnancies, for all women and girls. The Committee also requests the State party to provide, in its next report, sex-disaggregated data on health and the provision of health care and more information and data on the prevalence of, and measures taken against, sexually transmitted diseases, including HIV/AIDS, among women. The Committee recommends that the State party amend, when possible, its legislation criminalizing abortion in order to remove punitive provisions imposed on women who undergo abortion, in line with the Committee ’ s general recommendation No. 24 on women and health and the Beijing Declaration and Platform for Action. The Committee requests the State party to include in its next report information on the mental and psychological health of women.

Minority women
51.The Committee regrets the lack of information and statistical data about the situation of minority women in the State party, who suffer from multiple discrimination based on gender and ethnic origin, both in society at large and within their communities. The Committee further regrets the absence of any proactive measures, including a policy framework for each minority group, to promote the rights of minority women.

52. The Committee urges the State party to take effective measures, including the establishment of a policy framework and the adoption of temporary special measures, to eliminate discrimination against minority women. To this end, the Committee urges the State p arty to appoint minority women representatives to decision-making bodies. The Committee reiterates its previous request (A/58/38, para. 366) that the State party include information on the situation of minority women in Japan , especially with regard to education, employment, health, social welfare and exposure to violence, in its next periodic report. In this context, the Committee calls upon the State party to conduct a comprehensive study on the situation of minority women, including indigenous Ainu, Buraku and Zainichi Korean and Okinawa women.

Vulnerable groups of women
53.The Committee notes the lack of information and statistics about vulnerable groups of women, particularly rural women, single mothers, women with disabilities, refugees and migrant women who often suffer from multiple forms of discrimination, especially in regard to access to employment, health care, education and social benefits.

54. The Committee requests the State party to provide, in its next report, a comprehensive picture of the de facto situation of vulnerable groups of women in all areas covered by the Convention, and information on specific programmes and achievements. The Committee calls upon the State party to adopt gender-specific policies and programmes that would cater to the specific needs of vulnerable groups of women.

Beijing Declaration and Platform for Action
55. The Committee urges the State party to continue to utilize, in implementing its obligations under the Convention, the Beijing Declaration and Platform for Action, which reinforce the provisions of the Convention, and requests the State party to include information thereon in its next periodic report.

Millennium Development Goals
56. The Committee emphasizes that full and effective implementation of the Convention is indispensable for achieving the Millennium Development Goals. It calls for the integration of a gender perspective and explicit reflection of the provisions of the Convention in all efforts aimed at the achievement of the Goals, and requests the State party to include information thereon in its next periodic report.

Ratification of other treaties
57. The Committee notes that States ’ adherence to the nine major international human rights instruments would enhance the enjoyment by women of their human rights and fundamental freedoms in all aspects of life. The Committee therefore encourages the Government of Japan to consider ratifying the instruments to which it is not yet a party, namely, the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families and the Convention on the Rights of Persons with Disabilities.

Dissemination
58. The Committee requests the wide dissemination in Japan of the present concluding observations in order to make the people, including Government officials, politicians, parliamentarians and women ’ s and human rights organizations, aware of the steps that have been taken t o ensure de jure and de facto equality of women and the further steps that are required in that regard. The Committee requests the State party to strengthen the dissemination, in particular to women ’ s and human rights organizations, of the Convention, its Optional Protocol, the Committee ’ s general recommendations, the Beijing Declaration and Platform for Action and the outcome of the twenty-third special session of the General Assembly, entitled “ Women 2000: gender equality, development and peace for the twenty-first century ” .

Follow-up to concluding observations
59. The Committee requests the State party to provide, within two years, detailed written information on the implementation of the recommendations contained in paragraphs 18 and 28 above.

Date of next report
60. The Committee requests the State party to respond to the concerns expressed in the present concluding observations in its next periodic report under article 18 of the Convention. The Committee invites the State party to submit its combined seventh and eight h periodic report in July 2014.

CEDAWの日本に対するConcluding Observations (2003)

A/58/38(SUPP)

7.Fourth and fifth periodic reports
Japan
337.The Committee considered the fourth and fifth periodic reports of Japan (CEDAW/C/JPN/4 and CEDAW/C/JPN/5) at its 617th and 618th meetings on 8 July 2003 (see CEDAW/C/SR.617 and 618).

Introduction by the State party
338.In introducing the fourth and fifth periodic reports, the representative emphasized that great progress had been made for gender equality in the 1990s. Information, including the opinions of non-governmental organizations, had been sought in the preparation of the present reports. As national government ministries and agencies had been streamlined in 2001, the existing national machinery for gender equality had been strengthened. The Gender Equality Bureau had been established within the Cabinet Office, with responsibility for planning and coordinating the gender equality policies of the Government. The Council for Gender Equality, chaired by the Chief Cabinet Secretary, who also held the post of Minister of State for Gender Equality, consisted of ministers and experts, and monitored the implementation of gender equality policies and studied their effects.

339.The representative drew attention to a number of new legal and other measures. The Basic Law for a Gender-equal Society had been enacted in 1999, followed by the adoption in December 2000 of the Basic Plan for Gender Equality. The latter was comprised of concrete measures to be taken by 2005, as well as long-term policies and principles to be achieved by 2010. Subsequently, most local prefectures had passed gender-equality ordinances to implement gender equality plans mandated by the Basic Law.

340.The first comprehensive law on the prevention of spousal violence and the protection of victims had been adopted in 2001, followed by the establishment of 103 spousal violence counselling and support centres. According to a nationwide survey of November 2002, one in every five women had experienced some form of spousal violence, but most had never sought assistance from public institutions. The Government was undertaking efforts at information dissemination and was also considering further revisions to the law to make it more effective. Laws to punish acts related to child prostitution and child pornography, to protect children and to proscribe stalking behaviour and assist victims further strengthened measures to respond to violence against women.

341.While the revised Equal Employment Opportunity Law (1997) prohibited discrimination against women and had led to a steady spread of equal treatment of male and female employees, gaps still persisted. The issue now was how to eliminate them. Councils had been established to promote implementation of positive action policies. A study had revealed reasons and put forward proposals for addressing the wage gaps between women and men, after which the Government announced guidelines. A Panel on Equal Employment Opportunity Policies between Men and Women was considering how to define what constituted indirect discrimination and would report in 2004. Women constituted 70 per cent of part-time workers, and 40 per cent of employed women worked part time, but the salaries of such workers were lower than those of full-time workers. Based on a report issued in March, the Government was preparing to revise current guidelines concerning the equitable treatment of full-time and part-time employees.

342.Efforts were also under way to enhance the balancing of work and family. The Child Care and Family Care Leave Law had been revised in 2001 to prohibit disadvantageous treatment of employees taking childcare leave and other aspects. Policies had been adopted to support implementation of the law, including five days of leave for men upon the birth of a child, and the creation of an additional 150,000 places for children in day care within three years. A study conducted in 2001 indicated that two thirds of women left the workforce following childbirth due to a general atmosphere unfavourable to childcare leave, absence of childcare facilities, inflexible working management and perception of child-rearing as a woman’s responsibility. In order to address the burden of balancing work and family, and the rapidly growing trend towards fewer children, the Government had adopted an immediate action plan to support the development of the next generation, which set goals for increasing the percentage of men who took childcare leave. A relevant law would make it mandatory for local Governments and corporations to implement action plans over the next 10 years. Furthermore, the law for the welfare of fatherless families and widows had been revised in 2002 in response to the growing number of single-mother families, leading to an expansion of measures on child-rearing, employment, economic support and educational expenses.

343.The representative stressed the Government’s aim to increase the number of women in policy- and decision-making. For example, guidelines on the recruitment and promotion of women national public service officers were being implemented. In 2002, 25 per cent of members of national policy advisory councils were women, and the goal was to reach 30 per cent by 2005. Nevertheless, women held only 8.9 per cent of managerial positions in Government and the private sector. The Council for Gender Equality had identified three major areas for concrete action. Most notably, it took the unprecedented step of recommending a numerical goal of 30 per cent women in leadership positions in all sectors of society by 2020.

344.Steps had also been taken to change stereotyped perceptions of gender roles in supporting the balancing of work and family. To that end, education and information activities were undertaken, and a manual to ensure that government publications were free from stereotyped gender-role images had been widely distributed. Under the auspices of the Council for Gender Equality, a gender analysis of the tax, social security and employment systems had been conducted, and the views had been reflected in the tax systems reforms in the present fiscal year.

345.The representative emphasized that, since 1995, Japan had allocated approximately 10 per cent of its official development assistance (ODA) to support women in all parts of the world in such areas as education, health and participation in economic and social activities, through its Initiative on Women in Development. The total ODA of Japan averaged around $10 billion per annum.

346.In response to the problem of trafficking in persons, a number of cases had been brought, and information was being exchanged with relevant authorities and embassies in countries of origin to prevent trafficking and protect victims. Japan supported such projects and had hosted meetings aimed at eradicating trafficking, including the Second World Congress against Commercial Sexual Exploitation of Children in December 2001. It had signed the United Nations Convention against Transnational Organized Crime in 2000 and its supplementing protocols in 2002, and the ratification of that Convention had been approved by the Diet in May 2003.

347.In conclusion, the representative stressed the Government’s commitment to the implementation of the Convention and appreciated the important role of the Committee on the Elimination of Discrimination against Women, as indicated in its ratification of the amendment to article 20, paragraph 1, of the Convention in June 2003. The representative also stressed the high importance and value the Government attached to cooperation with non-governmental organizations in building a gender-equal society in Japan.

Concluding comments of the Committee
Introduction
348.The Committee commends the State party for the quality and timely submission of its fourth and fifth periodic reports, which comply with the Committee’s guidelines for the preparation of periodic reports. It expresses appreciation to the State party for the written replies to the issues and questions of the Committee’s pre-session working group and for the comprehensive oral presentation, which provided additional information on recent developments in the State party.

349.The Committee commends the State party for having sent a delegation, headed by the Director-General of the Gender Equality Bureau. The Committee appreciates the frank and constructive dialogue that took place between the delegation and the members of the Committee.

350.The Committee notes with satisfaction that the State party took account of the outcome document of the twenty-third special session of the General Assembly, entitled “Women 2000: gender equality, development and peace for the twenty-first century” in formulating its Basic Plan for Gender Equality based on all the 12 critical areas of concern of the Beijing Platform for Action.

Positive aspects
351.The Committee congratulates the State party for its important achievements in the promotion of equality between women and men since the consideration of the second and third periodic reports, particularly the enactment in June 1999 of the Basic Law for a Gender-equal Society and the Basic Plan for Gender Equality adopted in December 2000, which demonstrate Japan’s goals for and policies on gender equality. It also appreciates that all prefectures are implementing their own plans formulated in accordance with the Basic Law and notes that municipalities that have not yet done so are being encouraged to formulate plans for gender equality at the local level.

352.The Committee notes with appreciation the law reform undertaken by the State party in several areas, including the revision of the Equal Employment Opportunity Law that prohibits discrimination against women from recruitment to retirement and obliges managers to give consideration to the prevention of sexual harassment in the workplace; the 2001 revision of the Child Care and Family Care Leave Law that prohibits disadvantageous treatment of employees because of their taking childcare leave; the 2001 Law for the Prevention of Spousal Violence and the Protection of Victims that provides for protection orders; and the 2000 Law on Proscribing Stalking Behaviour and Assisting Victims that establishes punishment for stalking.

353.The Committee welcomes the strengthening of the national machinery with the establishment of the Gender Equality Bureau within the Cabinet Office, given the task of planning and coordinating gender equality policies; and the establishment of the Council for Gender Equality chaired by the Chief Cabinet Secretary/Minister of State for Gender Equality and comprised of ministers designated, and intellectuals appointed, by the Prime Minister, which monitors the implementation of those policies and surveys the effects of government measures.

354.The Committee appreciates the State party’s collaboration with women’s non-governmental organizations in the preparation of the reports, as suggested in the Committee’s previous concluding comments, and welcomes the State party’s commitment to continue to strengthen that partnership.

355.The Committee commends the State party for allocating, under the Initiative on Women in Development, approximately 10 per cent of its official development assistance over the last decade for women’s education, health and economic and social participation, to a number of developing countries in various parts of the world.

356.The Committee notes with appreciation that the State party has accepted the amendment to article 20, paragraph 1, of the Convention, relating to the Committee’s meeting time.

Principal areas of concern and recommendations
357.The Committee expresses concern that, while the Constitution stipulates equality between the sexes, no specific definition of discrimination has been included in domestic legislation.

358. The Committee recommends that a definition of discrimination against women, encompassing both direct and indirect discrimination in line with article 1 of the Convention, be included in domestic legislation. It also recommends campaigns to raise awareness about the Convention, in particular the meaning and scope of indirect discrimination, aimed, inter alia, at parliamentarians, the judiciary and the legal profession in general.

359.While appreciating the State party’s recognition that the long-standing stereotyped perception of gender roles remains the major obstacle to achieving equality between women and men and noting its efforts based on regular opinion polls in this regard, the Committee remains concerned about the persistence of deeply rooted and rigid stereotypes in Japan regarding the role and responsibilities of women and men in the family and in society, which are reflected in women’s situation in the labour market, educational choices and low participation in political and public life.

360. The Committee recommends that the State party design and implement comprehensive programmes in the educational system, including human rights education and gender equality training, and disseminate information on the Convention and the Government’s commitment to gender equality, with a view to changing existing stereotypical attitudes on women’s and men’s roles. It recommends that the State party disaggregate its surveys and opinion polls, not only by sex but also by age and, on the basis of the results increase targeted efforts at advancing the notion of parenting as a social responsibility of both mothers and fathers. It recommends that awareness-raising campaigns be intensified and that the media be encouraged to project a positive image of women and of the equal status and responsibilities of women and men in the private and public spheres.

361.While acknowledging legal and other measures by the State party to address violence against women, the Committee is concerned about the prevalence of violence against women and girls and about women’s apparent reluctance to seek assistance from existing public institutions. It is concerned that the Law for the Prevention of Spousal Violence and the Protection of Victims currently does not cover forms of violence other than physical violence. It is also concerned that the penalty for rape is relatively lenient and that incest is not defined explicitly as a crime under the Penal Code but is dealt with indirectly under a number of different penal provisions. The Committee is further concerned about the particular situation of foreign women who experience domestic violence and whose immigration status might depend on their living together with their spouse. The Committee is concerned that fear of repatriation might be a deterrent for those women to seek assistance or take steps to seek separation or divorce. While appreciative of the comprehensive information provided by the State party with respect to the measures it has taken before and after the Committee’s consideration of the second and third periodic reports of the State party with respect to the issue of “wartime comfort women”, the Committee notes the ongoing concerns about the issue.

362. The Committee calls upon the State party to intensify its efforts to address the issue of violence against women, including domestic violence, as an infringement of their human rights. In particular, the Committee urges the State party to broaden the Law for the Prevention of Spousal Violence and the Protection of Victims so as to include different forms of violence, increase the penalty for rape and include incest as a specific crime in its penal legislation, and implement policies in accordance with the Committee’s general recommendation 19, in order to prevent violence; provide protection, support and other services to the victims; and punish offenders. The Committee recommends that revocation of residence permits of foreign but separated married women who experience domestic violence be undertaken only after a full assessment of the impact of such measures on those women. The Committee recommends that the State party endeavour to find a lasting solution for the matter of “wartime comfort women”.

363.While recognizing the efforts made by the State party to address trafficking in women and girls, including its cooperation for prevention and investigation with law enforcement and immigration authorities in countries of origin and transit in the Asia-Pacific region, the Committee is concerned that information on the extent of the problem is insufficient and the punishment for perpetrators under current laws too lenient.

364. The Committee recommends that the State party increase its efforts to combat trafficking in women and girls. It requests the State party to systematically monitor the phenomenon and compile detailed data reflecting the age and national origin of victims, with a view to formulating a comprehensive strategy to address the problem and ensure that penalties for perpetrators are appropriate. The Committee requests the State party to provide in its next report comprehensive information and data on the trafficking of women and girls as well as on measures taken in this regard.

365.The Committee expresses concern about the lack of information in the reports about the situation of minority women in Japan. It also expresses concern at the multiple forms of discrimination and marginalization that these groups of women may face with respect to education, employment, health, social welfare and exposure to violence, including within their own communities.

366. The Committee requests the State party to provide, in its next report, comprehensive information, including disaggregated data, on the situation of minority women in Japan, especially with regard to their educational, employment and health status and exposure to violence.

367.While welcoming the guidelines for the expansion of recruitment and promotion of women in national advisory councils and the setting of a numerical goal of 30 per cent for leadership positions in all sectors of society by the year 2020, the Committee is concerned about the low representation of women in high-level elected bodies including in the Diet, local assemblies, the judiciary and the diplomatic service, and as mayors, prosecutors and police.

368. The Committee recommends that the State party take further measures to increase the representation of women in political and public life through, inter alia, the implementation of temporary special measures, in accordance with article 4, paragraph 1, of the Convention, in order to realize women’s right to participation in all areas of public life, particularly at high levels of policy- and decision-making. The Committee urges the State party to support training programmes for future women leaders and carry out awareness-raising campaigns regarding the importance of women’s representation in decision-making for achieving gender equality.

369.The Committee is concerned at the existing wage gap between women and men, stemming largely from the difference in type of work, horizontal and vertical employment segregation as expressed by the two-track employment management system, and the lack of understanding regarding the practice and the effects of indirect discrimination as expressed in governmental guidelines to the Equal Employment Opportunity Law. The Committee is further concerned by the high percentage of women in part-time work and by women who are “dispatch workers”, whose salaries are lower than those working in a regular situation. The Committee is deeply concerned about the difficulties faced primarily by women in reconciling their personal and family lives with professional and public responsibilities.

370. The Committee urges the State party to amend its guidelines to the Equal Employment Opportunity Law and to increase its efforts towards accelerating the achievement of de facto equal opportunities for women and men in the labour market through, inter alia, the use of temporary special measures in accordance with article 4, paragraph 1, of the Convention. The Committee recommends that efforts be made to eliminate occupational segregation, both horizontal and vertical, through, inter alia, education and training, effective enforcement mechanisms and systematic monitoring of progress. The Committee recommends that measures allowing for the reconciliation of family and professional responsibilities be intensified, that equal sharing of domestic and family tasks between women and men be promoted, and that changes to the stereotypical expectations of women’s roles in the family and labour market be encouraged.

371.The Committee expresses concern that the Civil Code still contains discriminatory provisions, including those with respect to the minimum age for marriage, the waiting period required for women to remarry after divorce and the choice of surnames for married couples. It is also concerned about discrimination in law and administrative practice against children born out of wedlock with regard to registration and inheritance rights and the resulting considerable impact on women.

372. The Committee requests the State party to repeal discriminatory legal provisions that still exist in the Civil Code and to bring legislation and administrative practice into line with the Convention.

373.While noting with satisfaction that the Government submitted a Human Rights Protection Bill to the Diet in March 2002, the Committee is concerned about the independence of the proposed human rights commission, which would be placed under the Ministry of Justice.

374. The Committee recommends that the human rights commission proposed in the Human Rights Protection Bill be established in accordance with the principles relating to the status of national institutions for the promotion and protection of human rights (General Assembly resolution 48/134 of 20 December 1993, annex, known as the “Paris Principles”) in order to ensure that it will be an independent institution and adequately address women’s human rights.

375. The Committee encourages the State party to continue to consider the ratification of the Optional Protocol to the Convention, while noting the concerns expressed by the State party in its fifth periodic report. The Committee strongly believes that the mechanisms available under the Optional Protocol would strengthen the independence of the judiciary and assist it in understanding discrimination against women.

376. The Committee urges the State party to respond in its next periodic report, due in 2006, to the specific issues raised in the present concluding comments. The Committee also urges the State party to collect and analyse comprehensive data disaggregated by sex and age and to include such data in its next report. It also requests that the report highlight information on results and the impact of legislation, policies and programmes in the implementation of the Convention.

377. The Committee requests that the text of the present concluding comments be widely disseminated in Japan so as to inform the public, in particular administrators, officials and politicians, of the measures taken to guarantee de jure and de facto equality between men and women and of the supplementary measures to be adopted in that area. The Committee also urges the State party to continue to give broad publicity to the Convention, its Optional Protocol, the general recommendations of the Committee, the Beijing Declaration and Platform for Action, and the results of the twenty-third special session of the General Assembly, entitled “Women 2000: gender equality, development and peace for the twenty-first century”, particularly among women’s associations and human rights organizations.

378. Taking account of the gender dimensions of declarations, programmes and platforms for action adopted by relevant United Nations conferences, summits and special sessions (such as the special session of the General Assembly to review and appraise the implementation of the Programme of Action of the International Conference on Population and Development (the twenty-first special session), the special session of the General Assembly on children (the twenty-seventh session), the World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance and the Second World Assembly on Ageing), the Committee requests the State party to include information on the implementation of aspects of those documents relating to relevant articles of the Convention in its next periodic report.

アイルランドとCEDAW

List of issues and questions prior to the submission of the combined sixth and seventh periodic reports of Ireland (2016)

Health
21.According to information before the Committee, in response to the decision of the European Court of Human Rights in 2010 in the case of A, B and C v. Ireland, the State party adopted the Protection of Life during Pregnancy Act of 2013, which limits access to abortion to instances in which there is a “real and substantial risk”, including of suicide, to the life of the pregnant woman. Please provide information on the framework that regulates the determination of risk to the life of the pregnant woman in deciding whether to allow her to procure an abortion. Please also explain in detail the specific steps that a woman has to follow in order to legally procure an abortion on those grounds. Please provide information on legislative measures envisaged to revise the law in order to provide for abortion on other grounds, including threat to the health of the pregnant woman, rape, incest and severe fetal impairment, and to remove punitive measures for women who undergo abortions. Please provide detailed information regarding the demand for abortion services by women and girls, including those who procure them abroad, and the cost to women for travel and abortion services and care in those countries.

22.Please also provide information on the extent of the problem of clandestine abortions in the State party, and whether medical personnel can provide post-abortion care in those circumstances without being prosecuted. Please provide information on measures to revise the Regulation of Information Act of 1995, which criminalizes the provision of information by health-care providers and pregnancy counsellors that advocates or promotes the option of abortion. Please state the programmes that are in place to increase the accessibility, availability and affordability of modern contraceptive methods and family planning services, as well as to facilitate access by women and girls to health services, in particular reproductive health services. Please provide an update on the implementation of the recommendations made by the Law Reform Commission in 2011 with regard to taking into account the views of minors in the context of contraception. Please also provide information on the prevalence of breast and cervical cancer and the measures taken to prevent those and other chronic non-communicable diseases that predominantly affect women, as well as on the percentage of the national budget allocated to combating those diseases. Please also provide information on the health situation of Traveller, Roma and older women, women migrant workers, women with disabilities and women in detention.


State Party Report (2016)

Demand for and cost of abortion services
212.The HSE Crisis Pregnancy Programme (CPP), formerly the Crisis Pregnancy Agency, was established in 2001 to work closely with Government Departments and Agencies to reduce the incidence of crisis pregnancy, including abortion, among women living in Ireland. The CPP strategically invests in research as a means of understanding the context in which crisis pregnancy is happening. Over 35 research reports have been published to date on a wide range of topics related to crisis pregnancy and sexual health and behaviour, including research with young migrant women on sex, fertility and motherhood.

213.The monitoring system developed by the CPP to examine the number of women giving Irish addresses at abortion clinics in other jurisdictions has shown a 40 per cent reduction, from 6,673 in 2001 to 3,982 in 2012, in the women travelling from Ireland to the UK for abortion services. The Irish Contraception and Crisis Pregnancy Study published in 2012 found that 94 per cent of all women living in Ireland who have experienced an abortion had travelled to the UK for the procedure.

Reply No. 22
Free abortion aftercare
214.Abortion aftercare services, including post-abortion medical check-ups and post-abortion counselling, are available free of charge to all women living in Ireland. The Abortion Aftercare campaign, developed by the CPP, aims to raise awareness of the availability of free State-funded post-abortion medical check-up and counselling services, promoted at www.abortionaftercare.ie.

Regulation of Information Act 1995
215.The freedom to travel to another state for a termination of pregnancy and to obtain information in relation to this service is guaranteed in Article 40.3.3 of the Constitution. The conditions under which information relating to services lawfully available in another State might be made available within Ireland are set out in legislation. No changes to these Regulations are currently proposed.

Family planning, sexual and reproductive health services
216.Establishment of the CPP in 2001 was instrumental in a decrease in the teenage birth rate from 20 per 1000 women aged 15-19 in population in Ireland in 2001 to 9.3 per 1000 women aged 15-19 in population in 2014.

217.While there is good availability of, and access to, contraception methods to people of all ages in Ireland, the National Sexual Health Strategy places a particular focus on the provision of RSE to ensure that children and adolescents attain the knowledge, understanding, attitudes and skills required for healthy sexual expression throughout life, as outlined earlier in this report.

218.The National Maternity Strategy 2016-2016, published in January 2016, recognizes that pregnancy and birth is a time when women have a unique opportunity to focus on their health and wellbeing. It underlines the importance of addressing the sexual health and wellbeing needs of the mother at this time, including information on contraception options. The new National Women & Infants Health Programme will, when established, lead the management, organization and delivery of maternity, gynaecological and neonatal services within the HSE.


Concluding observations on the combined sixth and seventh periodic reports of Ireland (2017)

10.The Committee recalls its previous observation (A/60/38, part two, para. 382) and regrets that the existing discriminatory provision contained in article 41.2 of the Constitution, which perpetuates traditional stereotypical views of the social roles and responsibilities of women and men in the family and in society at large, has not been amended. The Committee is also concerned that:

(a)The interpretation of article 40.1 of the Constitution is focused on procedural rather than substantive equality; and

(b)Article 40.3.3 of the Constitution (also known as the Eighth Amendment), which protects the right to life of the unborn and therefore unduly restricts access to abortion, has not been amended.

11. The Committee urges the State party to, within a specific time frame:

(a) Amend article 41.2 of the Constitution in order to remove the stereotypical language on the role of women in the home;

(b) Introduce legislative provisions that underline the obligation of the State to pursue actively the achievement of substantive equality between women and men;

(c) Amend article 40.3.3 of the Constitution (also known as the Eighth Amendment), which impedes the introduction of amendments to current legislation governing access to abortion.

Health
42.The Committee welcomes the steps taken by the State party to improve health care for women and girls in the State party. The Committee is concerned that access to abortion in the State party is restricted to cases where there is a real and substantial risk to the life of the pregnant woman under the Protection of Life During Pregnancy Act of 2013, which was enacted following the decision of the European Court of Human Rights in the case of A, B and C v Ireland, and that this exception is interpreted in a very restrictive manner. The Committee is also concerned that under the Regulation of Information (Services Outside the State For Termination of Pregnancies) Act of 1995, the provision of information by health-care providers that advocates and promotes the option of abortion is criminal. The Committee is particularly concerned that owing to this restrictive legal regime:

(a)Abortion in all cases other than where there is a real and substantial risk to the life of the pregnant woman is criminal and carries a maximum penalty of 14 years imprisonment;

(b)Women and girls are compelled to travel outside the State party to obtain an abortion in countries where it is legally available on wider grounds;

(c)Women and girls without means to travel outside the State party to obtain an abortion, such as poor women, asylum seekers and migrant women and girls, may be compelled to carry their pregnancies to full term or to undertake unsafe abortion, which may lead to severe mental pain and suffering;

(d) Health-care providers and pregnancy counsellors cannot freely provide information on abortion for fear of being prosecuted for violating the Regulation of Information Act of 1995.

43. The Committee recommends that the State party:

(a) Repeal the Protection of Life During Pregnancy Act 2013 in order to legalize the termination of pregnancy at least in cases of rape, incest, risk to the physical or mental health or life of the pregnant woman, and severe impairment of the foetus, and decriminalize abortion in all other cases;

(b) Intensify the implementation of health programmes, including awareness-raising programmes, to ensure the availability, accessibility and use of modern contraceptives, in line with general recommendation No. 24 (1999) on women and health;

(c) Repeal the Regulation of Information (Services Outside the State For Termination of Pregnancies) Act of 1995 in order to ensure free access to sexual and reproductive health information and education, and that health-care providers, physicians and pregnancy counsellors do not operate under a constant fear that their services may be subject to criminal investigation and prosecution;

(d) Ensure the provision of post-abortion health-care services for women irrespective of whether they have undergone an illegal or legal abortion.

44.The Committee is concerned at some reports that child delivery is highly medicalized and dependent on the use of artificial methods to accelerate the process such that women are made to deliver babies within 8 hours of hospitalization, owing to a lack of resources in hospitals.

45. The Committee recommends that the State party ensure that women can have access to maternity and delivery services without time pressure or being exposed to artificial methods of accelerating births, and provide information in the next periodic report on the strategic plan aimed at launching a widely supported maternity health-care policy and programme respecting the birth process.

中絶禁止と人権侵害

国連機関等の中絶関連文書

国連人権高等弁務官事務所(OHCHR):INFORMATION SERIES ON SEXUAL AND REPRODUCTIVE HEALTH AND RIGHTS:ABORTION downloaded on 2020/06/08

UN 経済社会問題執行委員会 (Economic & Social Affairs): Abortion Policies and Reproductive Health around the World (2014)

到達可能な最高の健康水準への権利The right to the highest attainable standard of health UN COMMITTEE ON ECONOMIC, SOCIAL AND CULTURAL RIGHTS(CESCR) , 2000年 CESCCRは、経済的、社会的及び文化的権利に関する国際規約(社会権規約)の履行を確保するために国連経済社会理事会の下に1985年に設置された委員会。社会権規約国際人権A規約)は1966年の第21回国連総会で自由権規約国際人権B規約)と共に採択、1976年発効、日本は1979年に批准。

The United Nations Fourth World Conference on Women
Beijing, China - September 1995
Action for Equality, Development and Peace
PLATFORM FOR ACTION(北京行動綱領)

UN WOMEN: World Conferences on Women(北京会議、その前、その後)

The UN Human Rights Committee’s General Comment 36 on the Right to Life and the Right to Abortion 国際法律家協会 「少女の生命への権利」「中絶の権利」

(En)gendering Suffering: Denial of Abortion as a Form of Cruel, Inhuman, or Degrading Treatment, Alyson Zureick (2015)

拷問等禁止条約(拷問及び他の残虐な、非人道的な又は品位を傷つける取り扱い又は、刑罰に関する条約) 日本の批准・加入1999年

女性差別撤廃条約に関する日本の動向

日本弁護士連合会「婦人差別撤廃条約の批准と関係法令の制定等に関する決議」1980年
女性差別撤廃条約選択議定書の採択を支持する日弁連会長声明」1997年
東寿太郎「女子差別撤廃条約と日本の法制度」2000年
吉岡睦子「女性差別撤廃条約と国内法の整備」2010年
日本共産党国会議員団男女平等推進委員会 日本共産党女性委員会「女性差別撤廃条約批准国としての責任を果たし、女性差別の改善へ、条約の全面実施を」2014年7月22日
日本弁護士連合会「女性差別撤廃条約 報告書審査」第2・3回~第9回(2020年)
参考

外務省:女子差別撤廃条約
女子差別撤廃条約|外務省
 
内閣府女子差別撤廃条約
女子差別撤廃条約 | 内閣府男女共同参画局

The Pandemic And Legal Abortion: What Happens When Access Is Limited?

南米コロンビアでも中絶薬のテレメディシンが可能に

パンデミックと合法的中絶、アクセスが制約されている今何が?

4月、ジョアナ・クルツはテレメディシン診療で手に入れた薬を使って妊娠を中絶した。

コロンビアで中絶は合法である。チリ出身のストリート・パフォーマーのクルツはバックパックを背負って国境を越え、コロンビアにやって来た女性で、とても子どもを育てられるとは思えない状態だった。安定した収入もなければ家もない。しかもコロナでステイ・アット・ホームを命じられて、ホームレスの状態になってしまった。一番近い中絶クリニックのある町まで行く手段もない。

しかし、あるプログラムが対案を提供してくれた。今やコロンビアでは、患者はビデオコール(一種のテレビ電話)で医師の診療を受け、中絶薬を依頼できるのだ。薬は直接患者の元に送られる。

続きは以下で。
www.npr.org

女性支援医療の第一人者・対馬ルリ子 直面した“女だから”の壁

週刊女性自身』からの転載です……このブログでは珍しいと思いますが

対馬先生がこれまで体験してこられたあれこれが分かって、とても納得しました!

東京の銀座と新宿で、「女性ライフクリニック」を開業する産婦人科医で医学博士の対馬ルリ子さん(62)。婦人科、乳腺科、内科、皮膚科などを備え、女性の心と体をトータルに診ている。対馬さんは、7都府県に緊急事態宣言が出た翌日の4月8日から、銀座のクリニックを開放。コロナ禍で、DV被害などを受ける女性たちの駆け込み寺として機能させてきた。

弱い立場に追いやられた女性たちに寄り添い、長年サポートをしている対馬さん。これまでの道のりは、決して平たんなものではなかった。

対馬さんは、東京大学医学部を目指し浪人するため18歳で上京。東大医学部は落ちたが、地元、弘前大学医学部に見事合格。78年、進学のため再び、故郷の青森に戻ることになった。

「東京は当時、ウーマンリブ運動のまっただ中でね。私も、いままで以上に、男女の性差について考えるようになっていきました。入学してすぐ“女医の卵の会”を結成しました。女子の卒業生に、結婚後も医師の仕事をしているかアンケート調査したり、医学部の学祭で“私たちの性を語り合おう”というシンポジウムを開いたり」

そのシンポジウムでは、考え方の古い教授とぶつかった。

「婦人科医の男性教授に、性をテーマに講演してくださいと依頼したら、『あなたのようなうら若き乙女が語る問題ではない』と言われてね。当時から、望まない妊娠をして、中絶を強いられる女友達が身近にいましたから、腹が立って。『セックスも妊娠も中絶も、私たちがいま直面していることなんです!』って、教授に抗議したら、渋々、引き受けてくれて。結果は、大盛況。打ち上げでは、その教授が、『僕が間違っていました』と謝ってくれたんですよ」

時代は、男女雇用機会均等法が施行される前の80年代前半。男性優位な医師の世界で、女性が認められるのは容易ではなかった。

「女性を助けられる産婦人科医になろうと思いました。しかしどこのドクターも、『悪いこと言わないから女の子は眼科か皮膚科になって、やさしいダンナさんを見つけたほうがいいよ』と言うんです。産婦人科は、24時間体制だし、手術や当直も多くて体力が要るから、と。女性は産婦人科の研修に入れてもらえないんですか、と聞いたら、うちは無理だ、とあちこち断られて。東大病院だけは、『そろそろ女性を入れようかと思っている』という感じだったんです」

対馬さんは、26歳で東京大学医学部産婦人科に入局。男性医師と同じ仕事をテキパキとこなし、実力をつけていき、44歳で「ウィミンズ・ウェルネス銀座クリニック」(現・女性ライフクリニック銀座)を開業。

次第に、対馬さんの活躍もあってか“女医ブーム”が到来。国も動きはじめ、各地の国立病院にも女医が女性を診る“女性外来”がつくられた。

「でも、あれは打上げ花火で終わったんです。研修を終えたばかりの女性医師を配置しただけ。DVでも更年期の話でも、研修を積まないと理解できません。結局、不採算部門だということで、潰されてしまったところが多い」

一方で、対馬先生のクリニックには、あちこちの産婦人科をさまよった結果、やっとたどりついたという女性たちの受診が増えた。じっくり話を聞くからこそ、見えてくるものがある。DVもそのひとつだ。

「長年DVを受けている人は、自己価値感が低いので、自分でDVを受けていると気づいてない人も多い」

背後にDVが隠れていると、治療の効果が上がりにくいという。

「ある患者さんには、治療をしつつ、家を出る相談にものっていました。ある日、その方は、夫にナイフで切り裂かれたバッグを持ってきて、『私、決心したから、先生にこれを証拠として持っていてもらいたいんです』と。彼女は、そのあと家を飛び出してシェルターに行きました」

数々の壁を乗り越え、立場の弱い女性を助け続ける対馬さん。コロナ禍でDV被害が増えている只中で、さらに支援の輪を広げていく。

女性に対するあらゆる暴力の撤廃に関する国際文書

CEDAW, CEDAW-OP, DEVAW

それぞれの在り処をまとめておきます。

女性差別撤廃条約 CEDAW 1979の第34回国連総会で採択、1981年発効、日本は1985年締結
英語 日本語

女性差別撤廃条約選択的議定書 CEDAW-OP  1999年10月16日第54回国連総会で採択、2000年12月22日発効
英語 日本語

国連女性差別撤廃宣言 UN DEVAW  1993年12月20日英語 日本語:政府訳なし

UN Treaty Database-Japan CEDAWを開いて状況確認


CEDAW

UN WOMEN: CEDAW-Optional Protocol

外務省:女子差別撤廃条約
女子差別撤廃条約|外務省
 
内閣府女子差別撤廃条約
女子差別撤廃条約 | 内閣府男女共同参画局

平成30年度の中絶統計

中絶率の試算

平成30年度衛生行政報告例の概況

母体保護関係
平成 30 年度の人工妊娠中絶件数は 161,741 件で、前年度に比べ 2,880 件(1.7%)減少している。
「20 歳未満」について各歳でみると、「19 歳」が 5,916 件と最も多く、次いで「18 歳」が 3,434件となっている。
人工妊娠中絶実施率(女子人口千対)は 6.4 となっており、年齢階級別にみると、「20~24 歳」が 13.2、「25~29 歳」が 10.4 となっている。「20 歳未満」について各歳でみると、「19 歳」が9.8、「18 歳」が 5.8 となっている。(表7、図8、図9)

平成30年(2018)人口動態統計(確定数)の結果の概況

1 出生数は減少
出生数は 91 万 8400 人で、前年の 94 万 6146 人より 2 万 7746 人減少し、出生率(人口千対)は 7.4 で前年の 7.6 より低下した。合計特殊出生率は 1.42 で前年の 1.43 より低下した。

4 死産数は減少
死産数は 1 万 9614 胎で、前年の 2 万 364 胎より 750 胎減少し、死産率(出産(出生+死産)千対)は 20.9 で、前年の 21.1 より低下した

これらを元に試算すると:

中絶数÷(出生数+死産数+中絶数)=中絶率
16万÷(92万+2万+16万)=14.5%
つまり妊娠7件のうち1件が中絶に終わっている

実施率減少:
平成元年18.9→10年11.0→23年7.5→30年 6.4
(15~49歳年齢階級別女子人口千対)