II. Information on Individual Articles of The Covenant

Article 25

Japan's legal framework relevant to this Article is as has already been described in the Third Periodic Report.

Shares in Succession of an Illegitimate Child

(a) Government Initiative

In the comments of the Human Rights Committee, which followed a review of the Third Periodic Report, an observation was made to the effect that the provision of Japan's Civil Code (proviso of Article 900, Paragraph 4), which stipulates that the statutory share in succession of an illegitimate child shall be one-half of that of a legitimate child, is not consistent with this Article. However, the Government of Japan does not consider that a distinction between the statutory share in succession of an illegitimate child and that of a legitimate child necessarily constitutes unreasonable discrimination against illegitimate children.

Notwithstanding the above and taking due consideration of the fact that the establishment of an inheritance system depends primarily on legislative policy, if changes occur in the social circumstances surrounding inheritance, it is necessary to respond to such circumstances and undertake a review of the system. The Government of Japan is, based on such considerations, currently considering legal reform, which would equalize the statutory share in succession of an illegitimate child with that of an legitimate child. Relevant revisions in this direction were suggested in the report entitled the " Draft of the Bill for partial Revision of the Civil Code" , which was adopted in February 1996 by the Legislative Council, an advisory body to the Minister of Justice.

Also, taking due consideration of the fact that the Civil Code adopts a system based on legal marriage, makes a distinction between legitimate and illegitimate children, and distinguishes between the two not only in matters of family name and person having parental authority, but also with respect to the statutory shares in succession, it is necessary to record in the family register the same distinction between legitimate and illegitimate children, since Japan's family register system aims at correct recording and authenticating of family relationships under such substantive law as the Civil Code. The Distinction between legitimate and illegitimate children in the family register is, as described above, reasonably based on distinctions under the Civil Code.

(b) National Public Opinion

An opinion survey conducted in 1996 showed that 38.7% of the public are of the opinion that the current system should be maintained, while only 25.0% expressed the view that the statutory shares in succession of legitimate children and illegitimate children should be equalized. Thus, it is difficult to say that public consensus has been reached on the reform of this system.

The Dowa Problem

The Government has based on three " Special Measures Laws" , promoted various measures concerning the Dowa problem, recognizing that this problem to an important issue relating to the fundamental human rights guaranteed by the Constitution.

As a result, large improvements, including those in the physical living environment, have been realized rectifying the gap that had existed in various aspects. Those improvements have been confirmed by fact-finding surveys carried out in Dowa Districts in Fiscal Year 1993. On the other hand, psychological discrimination concerning the Dowa problem still deeply persists, especially in matters relating to marriage although this discrimination is steadily disappearing as a result of education and enlightenment measures implemented in a variety of creative ways.

The Law regarding the Special Fiscal Measures of the Government for Regional Improvement Projects, the law covering this problem, was set to lapse in March 1997. The Council on the Policy of Regional Improvement, as a national council on this problem, submitted on 17 May 1996 the report titled Basic Measures for the Future targetted at an early resolution of the Dowa problem. The Government, taking full account of this report and the agreement among the ruling parties, made on 26 Jul 1996 a Cabinet Council decision on measures for the future targetted at an early resolution of the Dowa problem. The outlines of this decision are as follows.

First, legislative measures shall be taken transiently for 15 of the projects in order to ensure the smooth transfer from special fiscal measures to general ones for the 45 kinds of projects underway under the current law as mentioned above. Other measures shall be taken to see that the remaining projects are smoothly transferred to the ones under general measures.

Second, the Government promotes actively measures related to the " U.N. Decade for Human Rights Education" and steps up counseling services on human rights relevant to the promotion of education and enlightenment toward elimination of psychological discrimination and the enhancement of relief measures.

Third, steps are continuously being taken to establish subjecthood of administration to improve the self-reliance of Dowa district residents, to eliminate pseudo-actions purportedly on behalf of Dowa problems, and to create an environment for free exchange of opinion on the Dowa issue.