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
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