CRC/C/JPN/CO/4-5

Japan (CRC 05-03-2019)

The Committee considered the combined fourth and fifth periodic reports of Japan (CRC/C/JPN/4-5) at its 2346th and 2347th meetings (see CRC/C/SR.2346 and 2347), held on 16 and 17 January 2019, and adopted the present concluding observations at its 2370th meeting, held on 1 February 2019.

Concluding observations

C. General principles (arts. 2, 3, 6 and 12)

Non-discrimination

17. The Committee takes note of the changes made to the Act for Partial Revision of the Civil Code (2013), which give the same share of inheritance to children born to unmarried parents; the adoption of the Act on the Promotion of Efforts to Eliminate Unfair Discriminatory Speech and Behaviour against Persons Originating from Outside Japan (2016); and the awareness-raising activities mentioned during the dialogue. Furthermore, it welcomes the changes to the Penal Code in 2017 that revised the elements of the offence of rape and afforded protection also to boys. The Committee remains concerned, however, that:

(a) There is no comprehensive anti-discrimination law;

(b) Discriminatory provisions on the illegitimacy of children born to unmarried parents in the Family Register Act have been partially retained, in particular those that concern birth notification;

(c) Societal discrimination persists against children of various marginalized groups.

18. The Committee urges the State party to:

(a) Enact comprehensive anti-discrimination legislation;

(b) Repeal all provisions that discriminate against children on any basis, including those that relate to the status of children born to unmarried parents;

(c) Strengthen the measures, including awareness-raising programmes, campaigns and human-rights education, to reduce and prevent discrimination in practice, particularly against children belonging to ethnic minorities, including Ainu people, children of Buraku people, children of non-Japanese origin, such as Korean, children of migrant workers, lesbian, gay, bisexual, transgender and intersex children, children born outside marriage and children with disabilities.