A/HRC/8/44
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surgery or other treatments for gender identity disorder are recognized as due medical practices.
Changing registration of gender is possible by judgment by the family court, if the person
concerned fulfils certain conditions. The Government noted it has not yet acceded to the individual
communications procedure under any international treaty, and that it is currently considering this
matter while it has not yet reached any decision.
30.
Slovenia expressed concern, inter alia, about discriminatory provisions in the Civil Code
and asked Japan to provide more information on the concrete steps the Government’s Gender
Equality Bureau is taking in order to promote non-discrimination and a “gender-free” society. It
recommended that Japan adapt national legislation and bring it into line with the principles of
equality and non-discrimination. Regarding the requirement for the full integration of a gender
perspective in all stages of the UPR, Slovenia asked about Japan’s compliance on this matter and
recommended that Japan systematically and continuously integrate a gender perspective in the
follow up process to the review. Slovenia asked Japan to provide more information on the right to
conscientious objection.
31.
Mexico requested further comments from the Government concerning the projects or
measures considered for the increased harmonization of legislation with its international
obligations, including as regards (i) the criminalisation of torture by taking into account all the
elements of article 1 of CAT, and (ii) the principles and provisions of the Convention on the Rights
of the Child and the Convention on the Elimination of Discrimination against Women. Mexico
recommended the establishment of a national human rights institution. It also recommended that
Japan re-consider the establishment of a moratorium on the use of the death penalty. Mexico
recommended that Japan consider ratifying the Optional Protocol to CAT, the Optional Protocol to
the Convention on the Elimination of All forms of Discrimination Against Women, the Convention
on the Rights of the Persons with Disabilities as well as to recognize the competence of the
Committee on the Elimination of Racial Discrimination to receive and consider individual
communications. With respect to the international standards concerning the rights of the child and
women, Mexico would appreciate information on measures that may currently be applied
concerning civil rights and protection against violence and trafficking and the necessary support for
these victims.
32.
The Netherlands highlighted Japan’s accession to the International Criminal Court and
asked how it will respond to the recommendations made by the international community and
various human rights mechanisms with regard to Japan’s military sexual slavery practices during
the Second World War. It also asked how Japan will ensure that convictions under the new lay
judge system for 2009 will meet all the legal requirements and safeguards for a fair trial, and how
the lay judges will be trained, especially if they are involved in cases where the death penalty is
requested. The Netherlands recommended that the possibility of life sentence without parole be
added to the range of penalties for heinous crimes and that abolition of the death penalty be
considered. It also recommended that Japan adhere to the 1980 Hague Convention of Civil Aspects
of International Child Abduction..
33.
Brazil thanked Japan for its full support and participation in the Third World Congress
Against Sexual Exploitation of Children and Adolescents, to be held in Rio de Janeiro in November
2008. While recognizing measures taken by Japan in various other fields of human rights, it asked
Japan about the main concrete steps taken in the promotion and the fulfilment of the rights of the
child and of women, about the policy, steps and forward-looking measures taken regarding the issue
of torture, the human rights of migrants, and for combating racism and all forms of discrimination,
and for further comments on its policy regarding death penalty. Brazil recommended that Japan
consider adhering to the compliant procedures of the Convention on the Elimination of All Forms
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