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28th UPR session
Date of review: 14 November 2017
Date of report adoption: 17 March 2018
Document number: A/HRC/37/15
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SUMMARY SOGIESC issues during Japan’s 3rd UPR review |
I. SOGIESC issues/recommendations identified by NGOs and other stakeholders
Equality and non-discrimination
13. JFBA stated that no law prohibiting discrimination based on sexual orientation and gender identity existed. KHRF, AI and HRN reported some progress made to eliminate discrimination based on sexual orientations of LGBTI, despite Japan failing to implement previously accepted UPR recommendations and continued to be concerned that discrimination against them continued in various forms. KHRF stated that the Constitution prohibited discrimination on the basis of race, sex, social status or family origin, while excluding discrimination on sexual orientation, gender identity or intersex status. KHRF noted in 2012, Japan repealed Article 23(1) of the Basic Act for Housing, which previously excluded LGBTI couples from public housing rental. However, the amended law gave municipalities discretion in relation to public housing, resulting in continued discrimination. It also noted that no protections exist for LGBTI people under employment law. KHRF recommended enacting marriage equality law, to create a legallyrecognized form of LGBTI partnership.
14. JS13 was concerned that public awareness and understanding of LGBTI people remained low and urged measures to be taken to enact national laws that explicitly prohibit discrimination based on all grounds. It called for enforcement of the legislation prohibiting gender-motivated violence.
15. AI noted discrimination against LGBTI people in accessing essential services such as health, legal and welfare. It recommended that Japan allow individuals to change their name and gender through a quick, accessible, transparent procedure, and in accordance with the individual’s sense of gender identity, and abolish requirements to undergo psychiatric assessment and other medical requirements.
16. HRW noted national law mandates people to obtain a mental disorder diagnosis and of other procedures, including sterilization to be legally recognized according to their gender identity. The current law contains a number of requirements that violate human rights and affect transgender children. HRW and JS13 urged Japan to revise the Gender Identity Disorder Law, to replace humiliating mandatory procedures with self-identification criteria for legal gender recognition.
II. Excerpts on SOGIESC issues from the national report
Women (recommendations 33, 62, 66–73, 75–77, 83, 127–130, 138, 151, 152)
22. In December 2015, the GOJ formulated the Fourth Basic Plan for Gender Equality, a five year plan, and is striving for the promotion and protection of the human rights of women, gender equality and the promotion of a gender-equal society.
Prevention of any forms of discrimination and elimination of any discriminatory provisions (human rights education and training included)
11. Regarding the prevention of any forms of discrimination and the elimination of any discriminatory provisions (recommendations 63 and 65), the Japanese Constitution forbids any irrational discrimination. Article 14, Paragraph 1 of the Constitution states, “All of the people are equal under the law and there shall be no discrimination in political, economic or social relations because of race, creed, sex, social status or family origin.” Based on this Article, Japan has been making efforts to eliminate all forms of discrimination. In the areas which are highly public and closely related with civil life such as employment, education, medical care and transportation, discriminatory treatment is prohibited by the relevant laws and regulations. Other than such fields, the human rights bodies of the MOJ (Ministry of Justice) as well as other related ministries and agencies take measures such as giving guidance and promoting awareness to eliminate all forms of discrimination. (see Chapter II, A, 3 and 4, paragraphs 17-59).
56. The GOJ recognizes that a racially discriminatory motive is proven to be a vicious motive accordingly in the criminal trials in Japan and that the court takes this into consideration in sentencing. The human rights bodies of the MOJ provide counseling on a wide range of human rights issues including racial discrimination and discrimination based on sexual orientation. When they become aware of a suspected human rights violation, the bodies investigate without delay and take appropriate measures depending on the case. In addition, the bodies conduct various awareness-raising activities.
Integration of LGBT individuals and elimination of discriminatory treatment on the grounds of sexual orientation (recommendation 89)
79. In Japan, the “Act on Special Cases in Handling Gender Status for Persons with Gender Identity Disorders” came into effect in July 2004, and a revision made in 2008 relaxed the conditions necessary to change gender on the family register. The human rights bodies of the MOJ have established permanent and ad-hoc human rights counseling centers that provide counselling on a wide range of human rights issues including discrimination on the grounds of sexual orientation and gender identity. The bodies also conduct various awareness-raising activities to ensure that the rights of sexual minorities are respected. In the international context, on the basis of Japan’s belief that human rights violations based on sexual orientation and gender identity should not be tolerated, Japan continues to present its views on this agenda and explain the social circumstances in Japan at various intergovernmental fora.
III. Excerpts on SOGIESC issues by UN agencies
Equality and non-discrimination
13. The Committee on the Elimination of Discrimination against Women was concerned that stereotyping continued to be the root cause of sexual violence against women and that pornography, video games and animation products, such as manga, promoted sexual violence. 26 It urged Japan to review educational textbooks and materials to eliminate discriminatory gender stereotypes, adopt legislation and sanction sexist speech and propaganda advocating racial superiority or hatred.
15. The Human Rights Committee was concerned about reports of harassment and stigmatization of lesbian, gay, bisexual and transgender persons and discriminatory provisions that excluded same-sex couples from the municipal housing system. 29 The Committee on the Elimination of Discrimination against Women urged Japan to pursue efforts to eliminate multiple and intersecting forms of discrimination against women with disabilities, lesbian, gay, bisexual, transgender and intersex women and migrant women, which affected their access to health, education, employment and participation in public life.
Women
56. The Human Rights Committee recommended that Japan thoroughly investigate all reports of domestic violence, including in same-sex couples, prosecute and punish perpetrators with appropriate sanctions, provide redress to victims and ensure that immigrant women who were victims of sexual violence did not lose their visa status.
IV. References to SOGIESC issues during the Working Group review
20. Norway expressed concerns at the lack of legislation against workplace gender discrimination, and executions.
22. Peru appreciated progress regarding the rights of persons with disabilities and gender equality, and the Plan of Action to Combat Trafficking.
31. Senegal appreciated the Fourth Basic Plan for Gender Equality, and amendments to the Penal Code providing for harsher punishments for sexual crimes.
41. Switzerland regretted the absence of a moratorium on executions and expressed concerns at the daiyo kangoku detention system. It welcomed progress in eliminating discrimination based on sexual orientation
83. Japan reported that allowing same-sex marriage or introducing a partnership system at the national level should be given careful consideration.
96. Canada commended the ratification and implementation of the Hague Convention on the Civil Aspects of International Child Abduction, and the promotion of equality by voting in favour of the Human Rights Council resolutions on sexual orientation and gender identity.
123. Ireland noted the lack of a national legal framework for lesbian, gay, bisexual, transgender and intersex persons, and expressed concern at the widening gender pay gap and the underrepresentation of women in managerial and political positions.
145. Japan noted that human rights violations based on sexual orientation and gender identity should not be tolerated. Japan continued to make efforts to prevent discrimination.
V. Conclusions and/or recommendations
Japan accepted the following recommendations:
161.45. Establish, within a clear time frame, an independent national human rights institution, in accordance with the Paris Principles and ensure that its mandate covers women’s rights and gender equality (Liechtenstein);
161.70. Take steps to address discrimination based on sexual orientation and gender identity, including revising the Gender Identity Disorder Law (New Zealand);
161.74 Continue developing the implementation of actions against any kind of discrimination for gender, ethnicity, skin colour, sexual orientation and gender identity, among others (Colombia);
161.78. Continue to take effective measures to combat all forms of discrimination, including racial superiority, and hatred and eliminating gender stereotypes (Uzbekistan);
161.157. Continue the implementation of the Basic Plan for gender equality (Cuba);
161.158. Continue its efforts for the promotion and protection of gender equality (Iceland);
Japan noted the following recommendations:
161.58 Eliminate legislative provisions that are discriminatory against women, children born out of wedlock, ethnic or national minorities, and lesbian, gay, bisexual, transgender or intersex persons, with a view to expressly prohibiting hate speech and penalizing any non-consensual sexual conduct (Mexico);
161.59 Adopt a broadly applicable anti-discrimination law, including a comprehensive definition of discrimination, with a view to ensuring the prohibition of all forms of direct and indirect discrimination, including on the basis of age, gender, religion, sexual orientation, ethnicity or nationality (Netherlands);
161.60. Revise its laws to establish a broadly applicable anti-discrimination law which also effectively criminalises hate speech (Sierra Leone);
161.61 Enact a law prohibiting discrimination, including on the basis of age, gender, religion, sexual orientation or ethnicity, and that other necessary measures be undertaken to ensure gender equality (Norway);
161.62. Continue the process of improving the implementation of antidiscrimination legislation (Côte d’Ivoire);
161.63 Adopt and implement a comprehensive anti-discrimination law that would prohibit and sanction any direct or indirect form of discrimination based on age, race, gender, religion, sexual orientation, ethnic origin or nationality (Germany);
161.64 Promulgate an anti-discrimination law, based on article 14, paragraph 1 of the Japanese Constitution, which prohibits all forms of discrimination, especially against foreigners (Haiti);
161.65 Adopt comprehensive legislation to combat discrimination in line with its international obligations and standards, which includes discrimination based on sexual orientation and gender identity (Honduras);
161.66. Adopt an anti-discrimination law that can be widely applied (Iraq);
161.67. Adopt an anti-discrimination law with adequate and corresponding penal provisions to protect victims (Kenya);
161.68. Strengthen efforts to prevent and combat every kind of discrimination, including by adopting a comprehensive law and by means of awareness campaigns (Italy);
161.69. Continue and deepen the implementation of measures to avoid and prevent the discrimination of minorities and indigenous populations, including through consultations with the different indigenous peoples (Paraguay);
161.71 Continue the positive developments related to the elimination of discrimination based on sexual orientation and recognize same-sex unions at the national level (Switzerland);
161.72 Implement comprehensive anti-discrimination legislation to protect and promote the rights of lesbian, gay, bisexual, transgender and intersex persons (United States of America);
161.73 Further the efforts of some local governments and private firms to eliminate discrimination based on sexual orientation and gender identity ,including by extending at the national level formal recognition of same-sex partnerships (Canada);
161.75 Move quickly to introduce comprehensive anti-discrimination legislation to provide equal protection against discrimination for all persons and on all grounds, including sexual orientation or gender identity (Ireland);
161.84 Take further steps to effectively address hate speech and protect the rights of minorities, including introducing legislation to prohibit discrimination on the grounds of race, ethnicity, sexual orientation and gender identity (Australia);
161.180. Investigate all reports of domestic violence, including the same-sex couples (Timor-Leste);
VI. Further information
You will find all documents relating to Japan’s third review at UPR-Info and OHCHR’s websites.