Implementation of the Convention on the Elimination of All Forms of Discrimination against Women in Japan

• Author: Yoko Hayashi
• Pages: 341-366

The Women's Convention

341

VI JEAIL 2 (2013)

Yoko Hayashi

∗

Upon Japan

’

s ratification of the Convention on the Elimination of all forms

of Discrimination against Women in 1985, certain law reforms for gender

equality were realized. However, international human rights law has impacted

limitedly on the Japanese judiciary. The Women

’

s Convention has been invoked

by parties in a number of cases, but so far has never been positively quoted by

the courts. On the other hand, the jurisprudence of individual complaints under

the Optional Protocol of the Women

’

  

This paper introduces the case law of the individual complaint procedure of the

Women

’

 

jurisprudence. As the jurisprudence of individual complaints under the Women

’

s

Convention is still in the law-making stage, the author encourages the Japanese

government to ratify the Optional Protocol so that it can participate in the process

of developing this jurisprudence.

Keywords

Gender Equality, CEDAW, The Women’s Convention, UN Women, Optional

Protocol, Individual Complaint, CEDAW-OP, Japan

Implementation of the

Convention on the

Elimination of All Forms

of Discrimination against

Women in Japan

∗ Attorney-at-law (Japan Bar); Member of the Committee on the Elimination of Discrimination against Women

(CEDAW). LL.B. (Waseda). This paper is written in the author’s personal capacity and does not necessarily

represent the views of CEDAW. The author may be contacted at: hayashi@athena-law.com / Address: Athena Law

Office, 4th floor, Kaishin Building, 7-12-5 Ginza, Chuo-ku, Tokyo 104-0061 Japan.

DOI: http://dx.doi.org/10.14330/jeail.2013.6.2.01

ISSUE FOCUS

342 Yoko Hayashi

I. Introduction

Twenty-eight years have passed since Japan ratified the Convention on the

Elimination of All Forms of Discrimination against Women (hereinafter the Women’s

Convention or the Convention) in 1985. The Optional Protocol, which includes

an individual complaint mechanism, was added to the Convention in 1999. At

present, all nine core human rights treaties of the UN

1

are vested with individual

complaint mechanisms. Yet, to date, Japan has not agreed to give individuals within

its jurisdiction the right to access these mechanisms. Nonetheless, there has been a

remarkable development of case law in treaty bodies.

The primary purpose of this research is to analyze the case law of individual

complaints under the Optional Protocol of the Women’s Convention in order to assess

   

of this paper is composed of five parts including Introduction and Conclu sion. Pa rt

two will give a brief history of Japan’’s

Convention, and outline the shortcomings of these reforms as identified by the

Committee on the Elimination of Discrimination against Women

2

(hereinafter the

CEDAW Committee or the Committee). Part three will examine Japanese case law

invoking the Women’s Convention, and observe its limited impact as well as the

negative attitude of the Japanese judiciary towards international human rights law.

Part four will analyze the case law of individual complaints under the Optional

Protocol of the Women’s Convention, and contrasts it with the jurisprudence of Japanese

courts. Finally, the author will propose, as a means of enhancing the implementation

of the Convention, the establishment of a stronger link between the CEDAW

Committee and UN Entity for Gender Equality and Empowerment of Women

(hereinafter UN Women).

3

1 The followings are the nine conventions: the International Covenant on Civil and Political Rights (1966); the

International Covenant on Economic, Social and Cultural Rights (1966); the International Convention on the

Elimination of All Forms of Racial Discrimination (1965); the Convention on the Elimination of All Forms of

Discrimination against Women (1979); the Convention against Torture and Other Cruel, Inhuman or Degrading

Treatment or Punishment (1984); the Convention on the Rights of the Child (1989); the International Convention on

the Protection of the Rights of All Migrant Workers and Members of Their Families (1998); the Convention on the

Rights of Persons with Disabilities (2006); and the International Convention for the Protection of All Persons from

Enforced Disappearance (2006).

2 CEDAW is a treaty body established pursuant to Article 18 of the Women’s Convention to monitor State parties’

implementation of their treaty obligations under the Convention.

3 G.A. Res. 64/289, U.N. Doc. A/RES/64/289 (July 21, 2010), available at http://daccess-dds-ny.un.org/doc/UNDOC/

GEN/N09/479/17/PDF/N0947917.pdf?OpenElement (last visited on Sept. 20, 2013).