CAT/C/JPN/CO/2
(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.
26.
Noting the commitment made by the State party in the context of the universal
periodic review (A/HRC/22/14/Add.1, para. 147.9), the Committee urges the State party to
accelerate the current domestic discussions and to ratify the Optional Protocol to the
Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment as soon as possible. The Committee also recommends that the State party
consider making the declaration envisaged under article 22 of the Convention.
27.
The Committee invites the State party to ratify the core United Nations human rights
treaties to which it is not yet a party, namely the Second Optional Protocol to the
International Covenant on Civil and Political Rights, 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.
28.
The State party is requested to disseminate widely the report submitted to the
Committee and the Committee’s concluding observations, in appropriate languages,
through official websites, the media and non-governmental organizations.
29.
The Committee requests the State party to provide, by 31 May 2014, follow-up
information in response to the Committee’s recommendations related to (a) ensuring or
strengthening legal safeguards for persons detained, (b) conducting, prompt, impartial and
effective investigations, and (c) prosecuting suspects and sanctioning perpetrators of torture
or ill-treatment, as contained in paragraphs 10, 11 and 15 of the present concluding
observations. In addition, the Committee requests follow-up information on remedies and
redress to the victims, as contained in paragraph 19 of the present concluding observations.
30.
The State party is invited to submit its next report, which will be the third periodic
report, by 31 May 2017. To that purpose, the Committee will, in due course, submit to the
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