Part One: General Introduction
1. Orientation of This Report
This is Japan's fifth periodic report submitted to the Secretary-General of the United Nations in accordance with Article 18 of the "Convention on the Elimination of All Forms of Discrimination against Women" (hereinafter referred to as "Convention on the Elimination of Discrimination against Women" or "the Convention," which Japan ratified in 1985.
Up to this point, Japan has submitted four periodic reports. Japan submitted its First Periodic Report (CEDAW/C/5/Add.48) in March 1987, which was considered at the seventh session of the Committee on the Elimination of Discrimination against Women in February 1988. Its Second Periodic Report (CEDAW/C/JPN/2) was submitted in February 1992, and the Third Periodic Report (CEDAW/C/JPN/3) was submitted in October 1993, and they were considered collectively at the thirteenth session of the Committee in January 1994. The Fourth Periodic Report (CEDAW/C/JPN/4) was submitted in July 1998, and is yet to be considered.
The present report covers developments on the implementation of the Convention in Japan for a period of about four years from the completion of the Fourth Periodic Report in May 1998 up to April 2002.
Upon drafting the present report, taking note of the Concluding Observations of the Committee on the second and third periodic reports, a wide array of public opinions was collected so that these opinions could be reflected accordingly in the report. Concrete examples are as follows: Consultations regarding items to be incorporated into the Fifth Periodic Report and activities of related NGOs and other organizations were conducted in writing in August 2001 with leading bodies and eminent persons such as from local government offices, government-designated cities and gender equality declaration cities, women's groups as well as various kinds of groups, women members of the Diet, and members of the Council for Gender Equality; at the same time, further consultations were extended to the general public through using the Internet website of the Gender Equality Bureau of the Cabinet Office, which acts as the secretariat responsible for compiling this report; also, on 31 August 2001, the Liaison Conference for the Promotion of Gender Equality (Egalite Network), an organization within the National Machinery for the advancement of the status of women in Japan held a hearing on items to be incorporated in this report and directly heard opinions of approximately 100 attendances from NGOs and others.
As a result, a total of 276 answers and opinions were submitted from NGOs, out of which 215 came from groups, 51 from individuals, and 10 were anonymous. In March 2002, a meeting for information and opinion exchange was held with the attendance of approximately 60 individuals from NGOs, local governments and others to follow up these opinions and to introduce major related measures taken by the Government. The opinions collected through these consultations were referred hereto upon compilation of this report.
As a party to the Convention, the Government of Japan commits itself to continuing its efforts to eliminate all forms of discrimination against women, and to realize a gender-equal society.
2. Current Situation of Women in Japan
(1) Population
As of 2000, the population of Japan was 126.93 million, of which women account for 64.82 million, or approximately 51% of the population.
The total fertility rate (which refers to the total of birth rates for women by age group in a given year) continued to decline, and after the historic low of 1.34 recorded in 1999, the rate in 2000 was 1.36, continuing the lowest levels in the post-war period. One of the main reasons for the declining birth rate is thought to be the results of the increasing rate of people who remain unmarried and a continued trend to marry at a later stage in life. The average age for first marriage is rising each year and now stands at 27.0 years for women and 28.8 years for men. In addition, out of women in their late twenties, who used to account for the highest birth rate, approximately half of them are unmarried. The percentage of women remaining unmarried in their thirties is also increasing. Moreover, the number of couples who remain childless is increasing and the average number of children for married woman is forecast to decline in the future, although the later figure has been assumed to remain stable at 2.2.
At the same time, life expectancy is rising, standing at the highest level in the world: 84.60 years for women and 77.72 years for men in 2000. The elderly population (the population aged 65 and above) comprised 22.01 million, and the aging rate (the proportion of elderly population to total population) stood at 17.3%. Of this number, women accounted for 12.78 million, which translates into 72.1 men for every 100 women.
Given the declining birth rate and the extension of the average life expectancy, it is forecast that a rapid conversion in the population demographic from a barrel shaped graph to an inverse pyramid will take place as a result of the increasing rate of population decrease, and the growing trend towards fewer children and the increase of the aged. According to future projections, the total population will reach a peak in 2006, after which it will begin to decline. It is forecast that by 2050 the population will have shrunk by more than 20% of its current level, and that the elderly population will continue to increase until 2043, with the elderly population growing by 60% of its current level in 2050. As a result, the aging rate continues to grow rapidly and it is forecast to rise to 28.7% in 2025 and 35.7% in 2050.
(2) Education
In 2001, the advancement rate in high schools (excluding those students advancing to correspondence courses in upper secondary schools) stood at 96.7% for girls (95.0% for boys), which has been higher than that for boys since 1969. The percentage of girls who advance to universities and junior colleges is also increasing: 48.5% (48.7% for boys) in 2001. In terms of the university (undergraduate) advancement rate, a gap between boys and girls still exists, but it is narrowing: 32.7% for girls and 46.9% for boys.
Taking a look at the proportion of women by each subject in the various departments of colleges and universities in 2001, the subjects where women occupy the majority were home economics (94.5%), arts (69.2%), humanities (67.2%) and education (59.6%). At the same time, the proportion of women is increasing in such subjects as social sciences (28.6%), agriculture (40.4%), science (25.3%) and engineering (10.3%), in which the proportion has historically been low.
(3) Employment
In 2000, the women labour force (the sum of the employed and the unemployed over the age of 15) was 27.53 million. This represents a consecutive decrease over two years, reflecting the decrease in younger population. Women account for 40.7% of the total labour force. 1.23 million of the women labour force were unemployed, resulting in an unemployment rate of 4.5% (the unemployment rate for men was 4.9%). These figures are at almost the same level as the previous year, in which the worst employment rate was recorded due to the economic downturn.
The women labour force participation rate (the percentage of the labour force in the population over 15 years of age) was 49.3%, a continuing decrease from the previous year (the men labour force participation rate was 76.4%). The women labour force participation rate by age groups formed an M-shaped curve, with the rates for women aged 20-24 (72.7%) and 45-49 (71.8%) at the peaks and that for women at the child bearing and raising aged 30-34 (57.1%) at the bottom. Compared to 1990, the women labour force participation rates have increased, with the exceptions of the 15-24 age group, who are increasingly receiving advanced education, and the over 65 age group. It should be noted that an upward trend in the middle-aged and older groups of 50-54 and 55-59 has been growing, in addition to a substantial rise in the 25-29 age group. With regard to the women labour force participation rates by marital status, the rate for the unmarried stood at 62.2%, showing an increase from the last report, 49.7% for those who are married, and 31.0% for the divorced and/or the widowed. Although approximately half of the married women participate in the labour force, the women labour force participation rate for women with children under the age of three still remains as low as 28.0%.
As for wages, scheduled salaries for women employees were 65.5% of those for men employees, if part-time workers are not included, in June 2000. Even though the wage difference between men and women is still high, there is some improvement compared to the 62.5% of 1995. This gap is caused by such factors as length of service, academic background, field of employment, rank at work, working hours and others, out of which length of service and rank at work play a large role. In 2000, the average length of service at one company for women was 8.8 years. Although the length had been extended compared with 7.9 years in 1995, it was still shorter than that of men at 13.3 years. Comparison of the wages of standard workers (workers who are employed upon graduating from educational institutions and continue to work under the same employers) between men and women, based on the same conditions in terms of length of service, age and academic background, shows the following. In 2000, among university or college graduates, the wage of women workers aged 20~24 make up 94.6 if that of men workers is put at 100, and likewise that for women workers aged 50~54 make up 82.2, marking the widest gender gap.
The number of part-time workers (non-agriculture and forestry employees whose working hours are less than 35 hours per week) has increased conspicuously in recent years. In 2001 women part-time workers accounted for 68.8% of the total part-time workers and 39.3% of the total women employees. Part-time workers play a large part in Japan's economy, however, compared to regular workers there are problems with employment stability and benefits.
Though the women labour force participation rate has been increasing over time, research on marital life shows that men spend substantially less time on housework than women even when both of them are working. Furthermore, when asked about the burdens women feel towards marriage, "burden of housework" and "burden of managing both housework and a job" accounted for nearly 40%. As is evident from this research, married women still bear a great burden of housework.
(4) Promotion of Policies Related to Gender Equality
"The Basic Law for a Gender-equal Society" was promulgated and enforced in June 1999. In December 2000 the Government approved the "Basic Plan for Gender Equality" as the first plan based on "the Basic Law for a Gender-equal Society."
As part of the administrative reform of Central Government in January 2001, the Council for Gender Equality and the Gender Equality Bureau were established within the Cabinet Office. Through this reform Japan's national machinery was reinforced.
Currently, under this strengthened system, the Government is comprehensively implementing measures based on "the Basic Law for a Gender-equal Society" and the "Basic Plan for Gender Equality."
(5) Enactment of and Amendments to Laws and Ordinances
i) Law for Punishing Acts Related to Child Prostitution and Child Pornography, and for Protecting Children (promulgated on 26 May 1999)
This law, which came into effect in November 1999, prescribes punishments for acts related to child prostitution, intermediation and solicitation of child prostitution, sales, distribution and public display of child pornography as well as buying or selling a child for the purpose of making the child be a party to child prostitution. This Law also establishes measures including the provision of appropriate protection to children who have suffered physically and/or mentally from said acts. The Law came into force in January 1999.
ii) The Basic Law for a Gender-equal Society (promulgated on 23 June 1999)
The purpose of this Law is to promote the formation of a gender-equal society by laying out the basic principles, clarifying the responsibilities, and stipulating provisions to form the basis of policies. The Law came into force in June 1999.
iii) Law to Make Partial Amendments to Laws, etc. to Ensure Appropriate Management of Dispatch Undertakings and the Working Conditions of Dispatched Workers (promulgated on 7 July 1999)
This Law liberalizes allowable types of work in principle, on the premise that measures to protect the dispatched worker is strengthened, including the introductions of regulation on protection of personal information and measures to be taken by the dispatch undertakings. The Law came into force on 1 December 1999.
iv) The Basic Law on Food, Agriculture and Rural Areas (promulgated on 16 July 1999)
This Law sets a provision for women's involvement in agriculture. It also stipulates that the State shall promote the creation of an environment in which women's roles in farm management are fairly accessed and women can be provided with opportunities to become involved in farm management and other relevant activities on a voluntary basis. The Law came into force on 16 July 1999.
v) Law Concerning Partial Amendment to the Employment Insurance Law, etc. (promulgated on 12 May 2000)
In the wake of a drastic review of benefits and burdens of employees, the benefit rates for childcare leave and family care leave were raised from 25% to 40% of their wages before their leave. The law came into force on 1 January 2001.
vi) The Law on Proscribing Stalking Behavior and Assisting Victims (promulgated on 24 May 2000)
The Law provides administrative measures for dealing with stalking such as issuing of warnings and restraining orders as well as measures for arrests. It also stipulates that the police provide assistance to victims of stalking behavior and the like, as well as support from the Government, local public organizations, relevant businesses and local residents.
vii) Child Abuse Prevention Law (promulgated on 24 May 2000)
The purpose of this Law is to promote the implementation of measures against child abuse (physical, psychological, sexual abuse and neglect). The law came into force on 20 November 2000.
viii) Law Concerning Partial Amendments to the Child Allowance Law (promulgated on 26 May 2000)
The age limitation of children for whom child allowance is receivable was extended from the three years old to the end of the first fiscal year after the child becomes six years old (prior to the start of compulsory education). The law came into force on 1 June 2000.
ix) Cabinet Ordinance of the Council for Gender Equality (promulgated on 7 June 2000)
The Cabinet Ordinance sets provisions on the organization, members and other staff of the Council for Gender Equality established in the Cabinet Office along with other necessary items related to the Council
x) Law for the Prevention of Spousal Violence and the Protection of Victims (promulgated on 13 April 2001)
The Law stipulates the development of the Woman's Consulting Office functions as a Spousal Violence Counseling and Support Center, and introduces the protection order system. The law fully came into force on 1 April 2002.
xi) Law to Make Partial Amendments to Law on Control and Improvement of Amusement and Entertainment Business (promulgated on 20 June 2001)
The Law stipulates the provisions to strengthen regulations on so-called telephone clubs and image transmitting type sex-related amusement special business.
xii) Law on Promoting the Resolution of Individual Labour Disputes (promulgated on 11 July 2001)
The purpose of the Law is to facilitate prompt and appropriate settlement of disputes between workers and business owners concerning labour relations. The law came into force 1 October 2001.
xiii) The Law to make a Partial Amendment to the Law Concerning the Welfare of Workers Who Take Care of Children or Other Family Members Including Child Care and Family Care Leave (promulgated on 16 November 2001)
The Law prohibits unfair treatment on the grounds of taking childcare leave, etc. and also establishes a right to claim exemptions from overtime work. The law fully came into force on 1 April 2001.
xiv) Law Concerning Partial Amendment to the Child Welfare Law (promulgated on 30 November 2001)
The Law intends to strengthen the monitoring system of non-registered day-care facilities, to clarify the duties of Child Committee members and improve their quality. Although the strengthened monitoring system and other related measures will be implemented on the day designated by a separate Cabinet Order, the revitalization of activities of the Child Committee members was implemented on 1 December 2001.
xv) Law Concerning Partial Amendment to the Law of Public Health Nurses, Midwives and Nurses (promulgated on 12 December 2001)
The Law intends to unify the titles for public health nurses, nurses, and assistant nurses, which used to be named differently according to their gender. In order to express their profession appropriately, gender neutral and professional titles were given. The law came into force on 1 March 2002.
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