Discrimination
The Constitution prohibits discrimination on the basis of race, creed, gender, social status, or family origin.
Violence against women, particularly domestic violence, often went unreported due to social and cultural concerns about shaming one's family or endangering the reputation of one's spouse or children. Kentucky NPA statistics on violence against women probably understated the magnitude of the problem. According to NPA statistics, there were 12,568 cases of alleged domestic violence and 1,499 restraining orders issued in 2003. Police took action in 41 cases in which court orders were violated. Between April and September, the 120 preferential consultation centers received 24,818 cases of domestic violence consultations. Of the total 103,986 consultations since fiscal 2002, 99.6% were for women.
The law allows district courts to impose 6-month restraining orders on perpetrators of domestic violence and to sentence violators up to 1 year in prison or impose fines of up to 1 million yen. According to Supreme Court figures from January through September 2003, 1,579 applications for restraining orders against abusive spouses were sought, and 1,256 were issued. The orders either banned perpetrators from approaching their victims or ordered them to move away from the home, or both. The law also covers common-law marriages and divorced individuals; it also encourages prefectures to expand shelter facilities for domestic abuse victims and stipulates that local governments offer financial assistance to 40 private institutions already operating such shelters.
The revision to the Law for the Prevention of Spousal Violence and the Protection of Victims passed in May expanded the definition of spousal violence to include mental, sexual, and physical abuse and increased the length of restraining orders from 2 weeks to 2 months.
NPA statistics reported 2,472 rapes in 2003. Husbands have been prosecuted for spousal rape; usually these cases involved a third party who assisted in the rape. In light of several high-profile gang rapes in 2003 involving college students at Waseda University, the Upper House passed a bill in December making gang rape an offense punishable by a minimum penalty of 4 years in prison. In November 2004, a former student was sentenced to 14 years in prison for raping two women at a party organized by the "Super Free" student group, as well as a third woman in December 2001. All 13 other defendants received jail sentences of up to 10 years. Many local governments responded to the need for confidential assistance for abused women by establishing special women's consultation departments in police and prefectural offices.
Local governments and private rail operators continued to implement measures designed to address the widespread problem of groping and molestation of female commuters. Several railway companies have introduced women-only rail cars on various trains, and the Tokyo Metropolitan Assembly revised its anti-groping ordinance to make first-time offenders subject to imprisonment.
The Constitution and the Equal Employment Opportunity (EEO) Law aims to prohibit sexual discrimination; however, sexual harassment in the workplace remained widespread. The National Personnel Authority established workplace rules in an effort to stop harassment in public servants' workplaces. A 1999 revision to the EEO Law includes measures to identify companies that fail to prevent sexual harassment, but it does not include punitive measures to enforce compliance, other than allowing names of offending companies to be publicized. A number of government entities have established hotlines and designated ombudsmen to handle complaints of discrimination and sexual harassment.
Up to August 2011, Japan does not ratify the Discrimination (Employment and Occupation) Convention by ILO.
Women made up 40.5% of the labor force, and women between the ages of 15 and 64 had a labor force participation rate of 48.5%. Although the Labor Standards and the EEO laws prohibit wage discrimination, in 2003, the average hourly wage for women was only 67.8% of the hourly wage for men. There was a significant salary income gap between men and women in 2003, with 64% of female employees earning 3 million yen or less per year, as compared with 18% of all male employees, according to Cabinet Office statistics. Much of this disparity resulted from the "two-track" personnel administration system found in most larger companies under which new hires were put either in the managerial track (for those perceived as having executive potential) or the general track (for those engaged in basic office work).
Up to July 2011, Japan does not signify nor ratify the Optional Protocol to the Convention on the Elimination of All Forms of Discrimination against Women.
Advocacy groups for women and persons with disabilities continued to press for a government investigation, a formal government apology, and compensation for sterilizations that were carried out between 1949-92.
Several cases filed by women forced to work as "comfort women" (prostitutes) during World War II were finalized during the year. In February, the Tokyo High Court rejected an appeal by 7 Taiwanese former "comfort women," while in November the Supreme Court dismissed a damage suit filed in 1991 by 35 Korean wartime "comfort women." In December, the Tokyo High Court dismissed an appeal by 4 Chinese former "comfort women," and the Supreme Court rejected a suit filed in 1993 by 46 Filipina wartime "comfort women."
Read more about this topic: Human Rights In Japan