A/68/44
confinement, restraints and forced medication, actions which may amount to inhumane and
degrading treatment. Taking into account the information received during the dialogue on
plans regarding mental health care, the Committee remains concerned at the lack of focus
on alternatives to hospitalization of persons with mental disabilities. Finally, the Committee
is concerned about the frequent lack of effective and impartial investigation of the
excessive use of restrictive measures as well as at the lack of relevant statistical data (arts.
2, 11, 13 and 16).
The Committee urges the State party to ensure that:
(a)
Effective judicial control over involuntary treatment and placement, as
well as effective appeals mechanisms are established;
(b)
Outpatient and community services are developed and the number of
institutionalized patients is brought down;
(c)
Effective legal safeguards are respected in all places of deprivation of
liberty, including psychiatric and social care institutions;
(d)
Access to effective complaint mechanisms is strengthened;
(e)
Use of restraints and solitary confinement is avoided or applied as a
measure of last resort when all other alternatives for control have failed, for the
shortest possible time, under strict medical supervision, and any such act is duly
recorded;
(f)
Effective and impartial investigations are undertaken in incidents where
excessive use of such restrictive measures result in injuries of the patient;
(g)
Remedies and redress are provided to the victims;
(h)
Independent monitoring bodies conduct regular visits to all psychiatric
institutions.
Corporal punishment
(23) Noting that child abuse is prohibited under article 3 of the Act on Child Abuse
Prevention, the Committee shares concern raised by the Committee on the Rights of Child
(CRC/C/JPN/CO/3, para. 47) that corporal punishment in the home and in alternative care
settings is not expressly prohibited by law and that the Civil Code and the Act on Child
Abuse Prevention allow the use of appropriate discipline and are unclear as to the
admissibility of corporal punishment in some cases (art. 16).
The State party should explicitly prohibit corporal punishment and all forms of
degrading treatment of children in all settings by law.
Other issues
(24) The State party should establish an effective system to gather all statistical data
disaggregated by sex, age and authenticity, relevant to the monitoring of the
implementation of the Convention at the national level, including complaints,
investigations, prosecutions, convictions of cases of torture and ill-treatment by public
officials, trafficking and domestic and sexual violence as well as means of redress,
including compensation and rehabilitation, provided to the victims.
(25) The Committee recommends that the State party strengthen its cooperation with
United Nations human rights mechanisms, including by permitting a visit of, inter alia, the
Working Group on Arbitrary Detention, as well as its efforts in implementing their
recommendations. The State party should take further steps to ensure a well-coordinated,
transparent and publicly accessible approach to overseeing implementation of its
obligations under the United Nations human rights mechanisms, including the Convention.
GE.13-46043
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