E/C.12/JPN/CO /3
discourages older persons from applying for public welfare benefits. The Committee is
further concerned that the changes introduced in to the Act on Partial Revision of the
National Pension Act to Support Securing of Income for Those Later in Life through
National Pension and Corporate Pension leave many older persons without pension benefits
(art. 9).
The Committee reiterates its previous recommendation calling on the State party to
introduce a minimum guaranteed pension into the national pension system. The
Committee also calls on the State party to take measures to simplify the procedures
for applying for public welfare benefits and to ensure that applicants are treated with
dignity. The Committee also recommends that the State party educate the population
with a view to eliminating the stigma attached to public welfare benefits. The
Committee requests the State party to provide in its next periodic report information
on the situation of older persons, including hibakusha, disaggregated by sex, source
and level of income. The Committee refers the State party to its general comments No.
6 (1995) on the economic, social and cultural rights of older persons and No. 19 (200 7)
on the right to social security.
23.
The Committee notes with concern that, while violations of restraining orders
against violent spouses are punished under the revised Act on the Prevention of Spousal
Violence and the Protection of Victims, spousal violence and marital rape are not explicitly
criminalized (art. 10).
The Committee urges the State party to criminalize spousal violence, including
marital rape. The Committee requests the State party to update the Committee in its
next periodic report on the establishment of Spousal Violence Counselling and
Support Centres and the implementation of basic plans by municipalities as well as
their impact on reducing spousal violence.
24.
Noting the complexity of relief response to the consequences of the Great East Japan
Earthquake and the Fukushima nuclear accident, the Committee is concerned that the
specific needs of disadvantaged and vulnerable groups, such as older persons, persons with
disabilities, and women and children, were not sufficiently met during the evacuation and in
the rehabilitation and reconstruction efforts (art. 11, 2(2)).
Noting that the lessons learned from the consequences of the Great East Japan
Earthquake and the Fukushima nuclear accident have led to the adoption of new
arrangements to better respond to the needs of affected communities, including
vulnerable groups, in future relief and reconstruction efforts, the Committee
recommends that the State party adopt a human rights -based approach to disaster
response, risk mitigation and reconstruction efforts. In particular, the Committee
recommends that the State party ensure that disaster management plans do not
discriminate or lead to discrimination in the enjoyment of economic, social and
cultural rights.
The Committee requests the State party to provide in its next periodic report
comprehensive information, including statistical data disaggregated by sex and
vulnerable group, on the management of the consequences of the Great East Japan
Earthquake and the Fukushima nuclear accident as well as on victims’ enjoyment of
economic, social and cultural rights during the evacuation and in the rehabilitation
and reconstruction works. The Committee also requests the State party to include
information on how victims’ right to justice has been guaranteed.
25.
The Committee reiterates its concern about the lack of transparency and disclosure
of necessary information regarding the safety of nuclear power installations and at the
insufficient nationwide community preparation for the prevention and handling of nuclear
6