Japan – Gender and women’s rights

By Daniel Morris | 3. June 2021

Chapter 2. Action Plan

2. Areas of the NAP

(1) Cross-cutting areas

A. Labour (Promotion of Decent Work)

(Existing framework/Measures taken）

As measures that have already been conducted in the labour area, the Government made efforts to realize decent work by promoting labour policies to respect, promote, and realize the four principles concerning the fundamental rights stated in the ILO Declaration, namely: … (4) the elimination of discrimination in respect of employment and occupation. For example, … the Act on Securing, Etc. of Equal Opportunity and Treatment between Men and Women in Employment (Equal Employment Opportunity Act) (Act No. 113 of 1972);

More recently, the revision of laws, including the Act on the Comprehensive Promotion of Labour Policies, and the Employment Security and the Productive Working Lives of Workers (Labour Policies Comprehensive Promotion Act) (Act No. 132 of 1966) in 2019 has resulted in new requirements for employers to establish necessary measures regarding employment management, such as the provision of counseling services, to prevent the abuse of authority, or so-called “power harassment,” in the workplace. The revision of these laws has also strengthened preventive measures against sexual harassment, such as the prohibition of disadvantageous treatment by an employer against employees who report.

(Future measures planned)
（a ）Promote decent work ((1) promoting employment, (2) developing and enhancing measures of social protection (3) promoting social dialogue, and (4) respecting, promoting and realizing the fundamental principles and rights at work)

Continue efforts to realize decent work, including ensuring work-life balance that contributes to women’s participation and advancement in the workplace by promoting labour policies for respecting, promoting, and realizing the principles concerning the fundamental rights stated in the ILO Declaration. [Cabinet Office, Ministry of Health, Labour and Welfare]
…

(b) Reinforce measures against harassment

Continue to promote initiatives to achieve harassment-free workplace environments by securing the enforcement of the revised Labour Policies Comprehensive Promotion Act and other acts. [Ministry of Health, Labour and Welfare

The Technical Intern Training Program continues to be implemented under the new framework based on the Technical Intern Training Act enacted in 2017, while also incorporating gender perspectives. This is to be done through: introduction of a license system of supervising organizations and accreditation of technical intern training plans; establishment of provisions on prohibition of abuse of human rights of technical intern trainees and penalties against supervising organizations violating human rights; onsite inspection by the Organization for Technical Intern Training; establishment of offices for consultation and reporting in technical intern trainees’ native language; and making the system more appropriate through bilateral agreements. Continue steady implementation of improvement measures designed by the project team for the operation of the Technical Intern Training Program, and implement new measures for preventing the disappearance of technical intern trainees. [Ministry of Justice, Ministry of Foreign Affairs, Ministry of Health, Labour and Welfare]

(…)

B. Promotion and Protection of Children’s Rights

(Existing framework/Measures taken）

As measures that have already been conducted, the Government has supported initiatives in the area of education that leads to eradication of child labour and measures against trafficking in persons by contributing to the UN Trust Fund for Human Security and international organizations. In addition, the Government has supported initiatives to enhance measures against trafficking in persons and protection of such victims mainly in Southeast Asian countries, through technical cooperation by JICA (Japan International Cooperation Agency) and contributions to various UN agencies. Furthermore, the Government has been making contributions to and participating in the Asia-Pacific regional framework, the “Bali Process on People Smuggling, Trafficking in Persons and Related Transnational Crime” (hereinafter referred to as the Bali Process). The Government has also taken part in the WePROTECT Global Alliance to End Child Sexual Exploitation Online. Moreover, the Government reaffirmed the G20 commitment to eradicate child labour and various forms of modern slavery in the G20 Osaka Leaders’ Declaration and the G20 Labour and Employment Ministers’ Declaration, both compiled by Japan as the chair. For these initiatives, sufficient attention has been paid to gender perspectives considering that a large number of the victims involved are women and girls.

(…)

(Future measures planned)

(a）Contribute to international efforts to eliminate child labour, including trafficking in persons and sexual exploitation

Continue to make efforts to reinforce measures against trafficking in persons and the protection of victims with gender perspectives through technical cooperation by JICA and financial contributions to various UN agencies, in cooperation with the international community, including contribution to and participation in the Bali Process. [Ministry of Foreign Affairs]

C. Human Rights Associated with the Development of New Technologies

(Existing framework/Measures taken ）

As measures that have already been conducted, when consulted about the information on human rights violations, such as defamation and privacy infringement on the Internet, the Government has advised victims on the methods for requesting the disclosure of the sender’s information and the deletion of the information by providers. In case the victims find it difficult to recover from the damage caused by abusive content, efforts are made to remedy the damage by requesting providers to delete such abusive information. With respect to these initiatives, sufficient attention is paid to take into account gender equality perspectives as well as diversity and inclusiveness.

(…)

E. Equality before the Law (Persons with Disabilities, Women, Persons of Diverse Sexual Orientation and Gender Identity, and Other Groups)

(Existing framework/Measures taken）

The Constitution of Japan sets forth the principle of equality before the law and there shall be no discrimination in political, economic or social relations because of race, creed, sex, social status or family origin. Various laws have prohibited discrimination, as stated below.

(…)

With respect to women, the Equal Employment Opportunity Act prohibits discrimination against workers on the grounds of sex at each stage of employment management, and the Act on the Promotion of Women’s Participation and Advancement in the Workplace (Act No. 64 of 2015, hereinafter referred to as the “Women’s Participation Act”) encourages initiatives to promote women’s participation and advancement in the workplace.

Furthermore, the Basic Act for Gender Equal Society (Act No. 78 of 1999) lists “Respect for the human rights of men and women” as one of the pillars for realizing a gender-equal society. The Basic Plan for Gender Equality has been formulated in accordance with the Basic Act, and related measures have been implemented based on this plan. Internationally, the Government supports promotion of women’s empowerment, including through various declarations at G7 and G20 Summits, and moreover has engaged in further promotion of women’s participation in society, including the workplace by organizing the World Assembly for Women (WAW!).

In addition, a survey on business enterprises’ initiatives ensuring diverse sexual orientation and gender identity was conducted and a report on the survey results and case studies was prepared and published to promote accurate understanding on diverse sexual orientation and gender identity in the workplace.

(…)

(Future measures planned)

(…)

(b) Promote employment of persons with disabilities

(…)

In employment of persons with disabilities, consideration will be given to individuals who are vulnerable to intersectional human rights violations, such as women with disabilities. [Ministry of Health, Labour and Welfare]

(c）Advance women’s empowerment

Extensively present the significance of economic growth through women’s empowerment and share outcomes in business with women. [Cabinet Office, Ministry of Foreign Affairs, Ministry of Economy, Trade and Industry]
Promote equal allocation of care work to realize work-life balance for both men and women. [Cabinet Office, Ministry of Health, Labour and Welfare]

(d）Promote understanding and acceptance of diverse sexual orientation and gender identity

Steadily enforce the revised Labour Policies Comprehensive Promotion Act by raising awareness of the contents of the Guidelines for Preventing Power Harassment. The guidelines clarify that insulting speech and behaviors targeting diverse sexual orientation and gender identity fall under power harassment in the workplace. [Ministry of Health, Labour and Welfare]

(e) Ensure impartial treatment among employment fields

With respect to job placement and vocational guidance, the Employment Security Act prescribes that “no one shall be discriminated against in job placement vocational guidance (rating vocational guidance under the Mariners’ Employment Security Act) for reasons such as race, nationality, creed, sex, social status” A Public Employment Security Office (Regional Transport Bureau in case of mariners) will continue to provide instruction and education for businesses recruiting through the agency to assure equal employment opportunity without discrimination on the grounds of race or ethnicity. [Ministry of Health, Labour and Welfare, Ministry of Land, Infrastructure, Transport and Tourism]
As awareness-raising activities on fair recruitment and selection, the Government has created and made available on its website awareness-raising pamphlets for employers stating that opportunities should be opened widely for applicants and recruitment criterion should only be on the basis of suitability and ability for the occupation. Continue to make efforts such as providing explanations during training for employers on fair screening processes for employment held at the Public Employment Security Office. [Ministry of Health, Labour and Welfare]

(2) Measures of the Government as an Actor regarding State Duty to Protect Human Rights

A. Public Procurement

(Existing framework/Measures taken）

the Government has promoted enhanced awareness by companies for respecting human rights and the environment in accordance with the … Women’s Participation Act …

(Future measures planned）

Thoroughly implement procurement rules relevant to business and human rights, including grievance procedures (initiatives based on Act on Priority Procurement Promotion for Persons with Disabilities, initiatives related to public procurement based on Article 24 of the Women’s Participation Act, and initiatives concerning exclusion of organized crime groups)

(…)

Continue to award additional points to business enterprises with certification under the Women’s Participation Act and other laws, when the Government and incorporated administrative agencies use criteria other than price (in the procurement procedures applying to the overall‐greatest‐ value evaluation method and the competitive proposal evaluation method). The aforementioned certification is provided to business enterprises promoting measures, such as work-life balance. This scheme is being implemented in accordance with the Guidelines for Utilization of Public Procurement and Subsidies Towards the Promotion of Women’s Advancement (decided by the Headquarters for Creating a Society in Which All Women Shine on March 22, 2016) and other criteria. [Cabinet Office]

B. Development Cooperation and Development Finance

(Existing framework/Measures taken）

When engaging in development cooperation projects, internationally established human rights standards, including the international human rights treaties, have been respected. Particular attention has been paid to human rights of socially vulnerable groups, such as women, indigenous people, persons with disabilities, and minorities. Nevertheless, further efforts are required in this regard.

(…)

Furthermore, the National Action Plan for the implementation of the UN Security Council Resolution 1325 and related resolutions on Women, Peace and Security incorporates the following elements in all activities in the areas of peace and security, humanitarian assistance, and recovery: women’s participation and empowerment; measures corresponding to women’s needs; promotion of gender equality; and protection of women’s human rights.

(Future measures planned)

Implement effective measures regarding environmental and social consideration in the fields of development cooperation and development financing

(…)

From gender perspectives, “IV. Humanitarian and Recovery Assistance” initiatives, including the area of development cooperation in the National Action Plan on Women, Peace and Security, fall under the context of business and human rights. The Government continues to incorporate gender perspectives in the implementation of Japan’s assistance when collaborating with companies for JICA (Japan International Cooperation Agency) and UN projects. [Ministry of Foreign Affairs]

(3) Measures of the Government Promoting Corporate Responsibility to Respect Human Rights

A. Measures Related to Domestic and Global Supply Chains and Promotion of Human Rights Due Diligence Based on the UNGPs

(Existing framework/Measures taken）

(…)

Under the Women’s Participation Act, businesses that regularly employ 301 or more workers are obligated to: (1) understand the status of women’s participation and advancement in business enterprises and analyze issues; (2) establish, notify, disseminate, and publish an action plan incorporating quantitative goals and initiatives based on the understanding of the status and analysis of issues; and (3) publish information on the company concerning women’s participation and advancement in the workplace. These initiatives were enhanced with the partial revision of the Women’s Participation Act in May 2019.

(…)

(Future measures planned)

(d) Publicize the NAP and raise awareness of human rights due diligence to Japanese business enterprises operating overseas via Japanese embassies, consulates, and overseas offices of government-related entities

Publicize the NAP and raise awareness of human rights due diligence with possible cooperation with local agencies and organizations by Japanese embassies and consulates. In so doing, sufficient attention is to be paid to the issue of protection of human rights of workers in supply chains, including the socially vulnerable such as women and children. [Ministry of Foreign Affairs, Ministry of Finance, Ministry of Economy, Trade and Industry]

(…)

(f) Steadily implement the Act on the Promotion of Women’s Participation and Advancement in the Workplace

The revised Act was adopted and enacted at the ordinary parliamentary session in 2019 (effective from June 1, 2020). The expansion of the Act’s scope (to be effective from April 1, 2022) included: expansion of the obligation to develop action plans and to have information disclosure for business enterprises employing 101 or more employees, and the obligation to reinforce information disclosure applied to business enterprises employing 301 or more employees. Going forward, disseminate information on the contents of the revision, and provide support for SMEs to develop action plans for smooth implementation of the revised Act. [Ministry of Health, Labour and Welfare]

(4) Measures regarding Access to Remedy

Judicial and Non-Judicial Remedy

(…)

(Future measures planned)

(…)

(c) Publicize activities and improve operation of the Japanese NCP under the OECD Guidelines for Multinational Enterprises

Enhance and facilitate cooperation among the three ministries in charge in accordance with the OECD Guidelines for Multinational Enterprises and perform appropriate functions as the Japanese NCP. In particular, make procedures more transparent, while securing fairness and impartiality, and continue public relations activities. In so doing, pay attention to the perspectives of gender and respect for human rights in supply chains. Cooperate with the Japanese NCP Committee comprising the Government, labour, and management, and seek advice from experts where necessary. [Ministry of Foreign Affairs, Ministry of Health, Labour and Welfare, Ministry of Economy, Trade and Industry]

(e) Continue human rights counseling (Human Rights Hotline and other relevant counseling sessions, including telephone counseling).

Provide human rights counseling in ten foreign languages by Human Rights Counseling Centers for Foreigners. Dedicated hotlines have also been established for protecting the human rights of women and children. [Ministry of Justice]

(5) Other measures

In addition to measures aligned with the three pillars of the UNGPs, the Government contributes to measures against various issues expected in relation to business and human rights through the following measures.

(Future measures planned)

Promote quality infrastructure investment (the G20 Principles for Quality Infrastructure Investment)

In the G20 Principles for Quality Infrastructure Investment approved at the G20 Osaka Summit, “Principle 5. Integrating Social Considerations in Infrastructure Investment” states that infrastructure should enable the economic participation and social inclusion of all, and respect human rights and the needs of all people, especially those who may experience particular vulnerabilities, including women and children. Japan has actively appealed for dissemination and establishment of the G20 principles and led the discussion in the international community, and will contribute to the solution of various issues expected in relation to business and human rights by continuing to promote the principles. [Ministry of Foreign Affairs]