| Click here for a summary of Japan’s review at the second cycle and/or the third cycle. |
2nd UPR session
Date of review: 9 May 2008
Date of report adoption: 30 May 2008
Document number: A/HRC/8/44
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SUMMARY SOGIESC issues during Japan’s 1st UPR review |
I. SOGIESC issues/recommendations identified by NGOs
Equality and non-discrimination
10. There is no legislation to combat discrimination based on sexual orientation and gender identity that would protect lesbians, gays, bi-sexuals, transgender/ transsexual and intersex persons (LGBTI), as reported by LGBTI NGOs in a joint submission. According to the latter, LGBTI people suffer bullying, harassment and disadvantages, and violence and crimes motivated by hatred toward particular forms of sexual orientation and gender identity have been reported. LGBTI NGOs further indicated that same-sex couples are not granted the right to marry; only persons with no children are allowed to change their gender on the family registry; no refugee status is granted to asylum-seekers on the basis of sexual orientation; and bi-national same-sex couples cannot obtain a visa for the foreign partner based on their relationship. LGBTI NGOs recommended that the Government enact legislation prohibiting discrimination based on sexual orientation and gender identity in employment, housing, social security, education and health services; to combat hate crimes and prohibit violence and harassment based on sexual orientation and gender identity; to ensure that the issues, needs and rights of LGBTI people to HIV/AIDS, STI prevention, care, support and treatment are addressed.
II. Excerpts on SOGIESC issues from the national report
No references.
III. Excerpts on SOGIESC issues by UN agencies
No references.
IV. References to SOGIESC issues during the Working Group review
19. Canada also recommended that Japan take measures to eliminate discrimination based on sexual orientation and gender identity.
29. Japan considered that any human rights violations based on sexual or gender identity cannot be ignored, and it seeks to eradicate discrimination on the basis of sexual orientation through educational activities. The Government noted that sex re-assignment surgery or other treatments for gender identity disorder are recognized as due medical practices. Changing registration of gender is possible by judgment by the family court, if the person concerned fulfils certain conditions.
V. Conclusions and/or recommendations
Japan accepted the following recommendations:
60. 11. Take measures to eliminate discrimination based on sexual orientation and gender identity. (Canada).
VI. Further information
You will find all documents relating to Japan’s first review at UPR-Info and OHCHR’s websites.