A/68/44
In light of previous recommendations made by the Committee (para. 25) and the
Committee
on
the
Elimination
of
Discrimination
against
Women
(CEDAW/C/JPN/CO/6, paras. 31–34), the State party should strengthen its efforts to
prevent and prosecute all forms of gender-based abuse, including domestic violence,
incest and rape, including marital rape, in particular, by:
(a)
Adopting and implementing a coherent and comprehensive national
strategy for the elimination of violence against women that includes legal, educational,
financial and social components;
(b)
Guaranteeing victims of such violence access to a complaint mechanism,
and facilitating victims’ physical and psychological rehabilitation. Such support
should be extended to victims of all military personnel, including those in foreign
forces in the State party;
(c)
Promptly, effectively and impartially investigating all incidents of
violence against women and prosecuting those responsible. The Committee urges the
State party to revise its legislation to ensure that the crime of sexual violence is
prosecuted without complaint by the victim;
(d)
Broadening public awareness-raising campaigns on all forms of violence
against women and gender-based violence.
Trafficking
(21) While noting the State party’s efforts to combat human trafficking, including the
2009 Action Plan on Measures to Combat Trafficking in Persons, the Committee is
concerned at the lack of information on the resources provided for this action plan, and the
wide discrepancy between the numbers of persons arrested for trafficking and of persons
prosecuted and convicted. The Committee regrets the lack of information about the
coordinating and monitoring body and the impact of measures to address trafficking,
especially on children (arts. 2, 12, 13, 14 and 16).
The Committee calls on the State party to fully implement the recommendations made
by the Special Rapporteur on trafficking in persons (A/HRC/14/32/Add.4), following
her visit to Japan in 2009. In particular, the State party should ensure that:
(a)
Victims of trafficking are provided with adequate assistance for their
physical and psychological recovery;
(b)
Clear identification procedures are set out, so that victims of trafficking
are not incorrectly identified and treated as undocumented migrants and deported
without redress or remedy;
(c)
Perpetrators are prosecuted and punished with appropriate penalties;
(d)
Specialized training is provided to relevant public officials in this regard.
In addition, the State party should consider ratifying the Protocol to Prevent,
Suppress and Punish Trafficking in Persons, Especially Women and Children
(Palermo Protocol).
Psychiatric health care
(22) Notwithstanding the Act on Mental Health and Welfare for the Mentally Disabled,
which established operating parameters for mental health institutions and the additional
information provided by the State party’s delegation, the Committee remains concerned at
the high numbers of persons with mental disabilities, both psychosocial and intellectual
who are held in mental health-care institutions on involuntary basis and frequently for a
lengthy period of time. The Committee is further concerned at the frequent use of solitary
130
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