CAT/C/JPN/CO/2
Recalling its general comment No. 3 (2012), the Committee urges the State party to
take immediate and effective legislative and administrative measures to find a victimcentred resolution for the issues of “comfort women”, in particular, by:
(a)
Publicly acknowledging legal responsibility for the crimes of sexual
slavery, and prosecuting and punishing perpetrators with appropriate penalties;
(b)
Refuting attempts to deny the facts by government authorities and
public figures and to re-traumatize the victims through such repeated denials;
(c)
Disclosing related materials, and investigating the facts thoroughly;
(d)
Recognizing the victim’s right to redress, and accordingly providing
them full and effective redress and reparation, including compensation, satisfaction
and the means for as full rehabilitation as possible;
(e)
Educating the general public about the issue and include the events in all
history textbooks, as a means of preventing further violations of the State party’s
obligations under the Convention.
Violence against women and gender-based violence
20.
While taking note of the State party’s efforts to combat gender-based violence, the
Committee is concerned at reports on the continuing incidents of gender-based violence, in
particular domestic violence, incest and rape, including marital rape, the low number of
complaints, investigations, prosecutions and convictions for such cases, and insufficient
legal protections for victims. Furthermore, the Committee expresses its concern at the
requirement of the victim’s complaint in the Penal Code in order to prosecute crimes of
sexual violence. (arts. 2, 12, 13, 14 and 16)
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
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