E/C.12/JPN/CO /3 (a) (b) education; The recognition of the Ainu as an indigenous people; The introduction of the tuition fee waiver programme up to secondary (c) The implementation of the Strategy to Reduce the Number of Children on Waiting Lists for Childcare to Zero; (d) The revision of the Nationality Act, which came into force in 2009 and which now enables children born out of wedlock to acquire the nationality of the Japanese father. C. Principal subjects of concern and recommendations 7. The Committee reiterates its previous concern that the State party has not give n effect to the provisions of the Covenant in its domestic legal order. This situation has led to decisions by courts in the State party stating that the provisions of the Covenant are not applicable. The Committee is also concerned that the State party construes the obligations under the Covenant as not of immediate effect (art. 2(1)). The Committee urges the State party to take the necessary measures to give the Covenant full effect in its domestic legal order, including by enacting relevant laws when Covenant provisions are viewed by the State party as not self-executing. In this regard, the Committee refers the State party to its general comment No. 9 (1998) on the domestic application of the Covenant. Furthermore, referring to its general comment No. 3 (1990) on the nature of States parties’ obligations, the Committee reminds the State party that the Covenant rights carry minimum core obligations of an immediate nature, and that the term “progressive realization” imposes an obligation to achieve full realization of the Covenant rights as expeditiously and effectively as possible. The Committee also calls on the State party to ensure that the curricula at the Legal Training and Research Institute of Japan as well as the training programmes for judicial professionals and lawyers adequately cover the justiciability of economic, social and cultural rights, bearing in mind the Committee’s jurisprudence and general comments. 8. The Committee notes with concern that a national human rights institution has still not been established in the State party. Reiterating its previous recommendation in this regard, the Committee urges the State party to expedite the establishment of a national human rights institution in conformity with the Paris Principles. The Committee refers the State party in particular to its general comment No. 10 (1998) on the role of national human rights institutions in the protection of economic, social and cultural rights. 9. The Committee notes with concern that significant cuts to budget allocations for social assistance have negatively impacted the enjoyment of economic and social rights , in particular for disadvantaged and marginalized groups of the population (arts. 2(1), 2(2), 9 and 11). Recalling its general comment No. 3 (1998) on the nature of States parties’ obligations, the Committee calls on the State party to ensure that retrogressive measures are taken only in the context of the full use of the maximum available resources. Furthermore, the Committee calls on the State party to monitor the impact of social benefits cuts on the recipients’ enjoyment of the Covenant rights. The Committee also draws the attention of the State party to paragraph 42 of general comment No. 19 (2007) on the 2

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