The Basic Law for a
Gender-Equal Society proclaims in its preamble that the realization
of a gender-equal society in which people are able to exercise
personality and abilities regardless of gender is positioned
as a top-priority task in determining the framework of Japan
in the 21st century.
The elimination of gender discrimination is also one of the
priority issues in the international community and the Fourth
World Conference on Women held in 1995 adopted the Platform
for Action requesting the integration of gender perspectives
in all policies and plans in order to remove work roles on the
basis of gender, gender stereotypes, and gender bias.
The gender bias also exists in justice systems. Especially,
we should pay special attention to the facts that judicial decisions
significantly affect on individual human rights, that justice
could re-produce a gender bias through establishing criteria
for judgment, and that people who seek redress from the court
could receive secondary damage due to the gender bias by being
unfairly criticized for using justice.
However, the on-going judicial reform in Japan has not paid
attention to gender perspectives. The judicial reform is unable
to attain its goal suitable for Japan in the 21st century unless
it incorporates the realization of gender equality.
In order to integrate gender perspectives into the judicial
reform, the Japan Federation of Bar Associations (JFBA) resolves
to strive to promote awareness campaigns including the collection
and analysis of data on gender discrimination in justice and
the publication of recommendations for improvement, to develop
awareness raising and educational programs on gender issues
and make these programs to be mandatory for those who engage
in or will engage in justice to ensure that justice functions
to prohibit gender discrimination, and to take positive actions
for ensuring the participation of women in decision-making in
justice and the realization of gender equality. The JFBA also
urges the authorities concerned including courts and the Ministry
of Justice to take following measures.
- To collect and analyze data on gender discrimination in
justice, promote awareness campaigns, develop educational programs,
make training compulsory, and take positive actions;
- To review and immediately take necessary measures from gender
perspectives to improve all judicial procedures including the
protection of privacy in criminal trials, interrogations, and
every stage of civil procedures concerning sexual violence and
sexual harassment cases, the conciliation-first principle of
divorce cases including those cases involving domestic violence
cases, the evidence collection procedures and the burden of
proof for gender discrimination cases, and the civil execution
system for child support;
- To immediately take measures to remove obstacles for women
to access to justice, including the realization of effective
remedies for victims of sexual violence and sexual harassment,
the improvement of institutions for alternative dispute resolution
and their alliance with justice, the enhancement of support
of local governments for trials, and the review of the legal
aid/ in forma pauperis systems.
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