Part Two: Report by Article

As part of the measures to strengthen the Cabinet's functions on the occasion of the Central Government Reform in January 2001, the Cabinet office was newly established as the administrative body responsible for carrying out planning and overall coordination of policies among ministries from a higher position within the government structure. The Cabinet Office is responsible for "the promotion of the formation of a gender-equal society" as one of the most important issues of the Government. In the midst of the Central Government Reform, which primarily aimed at downsizing the entire government, the "Council for Gender Equality" and the "Gender Equality Bureau" were newly established in the Cabinet Office, and the enhanced structures were set in place to promote policies towards the realization of a gender-equal society.

a) Council for Gender Equality

b) Gender Equality Bureau

c) Minister for Gender Equality

d) Headquarters for the Promotion of Gender Equality

e) Liaison Conference for the Promotion of Gender Equality

On 1 April 2000, the Prefectural Labour Standards Offices, Prefectural Women's and Young Workers' Offices, Prefectural Employment Security Divisions and Employment Insurance Divisions, which had been the former Ministry of Labour's subsidiary offices, were integrated into the Prefectural Labour Bureaus. At the same time, the Prefectural Women's and Young Workers' Offices became the Equal Employment Departments of the Prefectural Labour Bureaus, which took on the same responsibilities. This integration enabled the Prefectural Labour Bureaus to implement cross-field measures effectively, including labour standards administration and employment security administration, and to implement labour administration comprehensively and efficiently.

On 6 January 2001, on the occasion of the Central Government Reform, the Women's Bureau of the former Ministry of Labour and the Children and Families Bureau of the former Ministry of Health and Welfare were unified into the Equal Employment, Children and Families Bureau of the newly integrated Ministry of Health, Labour and Welfare. The Equal Employment, Children and Families Bureau, from the perspectives of both the "working parent" and "child," is now advancing comprehensive and unified measures, including enhancement of supportive measures for success in both career and family life, and childcare services.

The Constitution of Japan stipulates respect for the individual and equality between the sexes, and steady progress had been made through legislative efforts toward the realization of gender-equality in line with developments in the international community. However, the necessity for a framework that comprehensively advances gender-equality had also been pointed out. Thus, a decision to advance the consideration on a basic law to actualize and advance a gender-equal society was incorporated into the domestic action plan, the "Plan for Gender Equality 2000," formulated in December 1996. Accordingly, in November 1998, the former Council for Gender Equality submitted the report "the Proposal for a Basic Law Designed to Promote a Gender-equal Society," in which the establishment of such a law was proposed by clarifying its necessity, basic principles and contents. Taking this report into consideration, the Government drafted the bill for "the Basic Law for a Gender-equal Society," which led to the promulgation and enforcement of the law in June 1999.

"The Basic Law for a Gender-equal Society" lists the basic principles relating to the formation of a gender-equal society as follows:

i) respect for the human rights of women and men;

ii) consideration of social systems or practices;

iii) joint participation in planning and deciding policies, etc.;

iv) managing activities in family life and other activities; and

v) international cooperation.

Based on these basic principles, the law stipulates the roles of the State, local governments, and citizens as their respective responsibilities in the formation of a gender-equal society. At the same time, as basic policies to promote the formation of a gender-equal society, the law states that the Government is responsible for formulating the "Basic Plan for Gender Equality," which is the central framework for the comprehensive and systematic promotion of the formation of a gender-equal society and also that prefectures are obliged to create their own plans, taking into account the Government's Basic Plan. Furthermore, it stipulates consideration which shall be given to the formation of a gender-equal society when formulating policies, and handling complaints in regard to policies implemented by the Government, and support for local governments and private bodies.

In addition, on the occasion of the Central Government Reform in January 2001, the stipulations in Chapter 3 of the basic law that governed the former Council for Gender Equality were revised into those for the current Council for Gender Equality that is the successor of the former council.

As described above, the establishment of "the Basic Law for a Gender-equal Society" was a milestone in the history of the formation of a gender-equal society in Japan.

In December 2000, the Cabinet made a decision to adopt the "Basic Plan for Gender Equality" as the first plan under "the Basic Law for a Gender-equal Society."

This plan was based upon the "Plan for Gender Equality 2000" formulated by the Headquarters for the Promotion of Gender Equality in December 1996, also taking into account the former Council for Gender Equality's reports "Basic Philosophy behind Formulation of a Basic Plan for Gender Equality" (September 2000) and "Basic Measures pertaining to Violence against Women" (July 2000). The outcome of the Special Session of the General Assembly "Women 2000" was also taken into consideration. At the same time, during this formulation process, opinions and requests were widely gathered from people in various fields of society, and efforts were made to reflect them into the plan as much as possible.

In this Basic Plan, 11 important objectives* were set out together with long-term policy directions up to the year 2010 and concrete measures to be implemented by the end of FY2005 for each of them.

Through increased cooperation with local governments and people from various sectors of society, the Government will ensure the formation of a gender-equal society by steadily implementing measures listed in this plan.

*11 Important Objectives

i) Expand women's participation in policy decision-making processes

ii) Review social systems and practices and raise awareness from a gender-equal perspective

iii) Secure equal opportunities and treatment in the field of employment

iv) Build partnerships in agricultural, forestry and fishing villages

v) Support efforts of women and men to manage their work with their family and community life

vi) Develop conditions that allow senior citizens to live with peace of mind

vii) Eliminate all forms of violence against women

viii) Support lifelong health for women

ix) Respect women's human rights in the media

x) Promote gender equality to facilitate diversity of choice through enrichment of education and learning

xi) Contribute to the "equality, development and peace" of the global community

"The Basic Law for a Gender-equal Society" stipulates that each prefecture shall formulate a Prefectural Plan for Gender-equality in accordance with the "Basic Plan for Gender Equality." At the same time, municipalities are encouraged to formulate Municipal Plans for Gender-Equality, taking into consideration both the Basic Plan and the Prefectural Plans. As of April 2001, every prefecture had already formulated such a plan. As for municipalities, the rate of formulation remains at 19.4%.

Formulation of comprehensive plans is one of the effective measures to promote comprehensive and systematic advancement of a gender-equal society in the local communities. The Cabinet Office, therefore, provides necessary information to local governments. In particular, the Cabinet Office actively supports municipalities by creating and providing manuals in order to help them formulate their plans.

In addition, in prefectures and municipalities, formulation of the ordinances regulating basic measures to promote the formation of a gender-equal society has been advanced. 35 prefectures and 55 municipalities have the ordinances in effect, as of April 2002. In the process of making the ordinances, cooperation from NGOs has been seen.

As of April 2001, in 35 prefectures and 190 municipalities, a comprehensive facility for women and gender-equality has been established as a center for information and group activities. In addition, in order to cooperate with private bodies, local governments engage in supportive activities such as organizing private bodies, providing information, information and exchange activities through private organization networks by holding regular meetings and exchange events, publishing in-house magazines and pamphlets and so on.

a) Provisions in the Basic Law for a Gender-equal Society

b) Study and deliberation by the Council for Gender Equality

a) The Human Rights Organs of the Ministry of Justice

b) Civil Legal Aid System

Public prosecutors, according to their years of experience, undertake training dealing with violence against women, victim protection and other related themes. In the Public Prosecutor's Office, when exercising its punitive authority for domestic violence cases, due consideration has been given to the magnitude of the case and the effect that the punishment will have on the family together with the perspective of attempting to deal appropriately with each case based on its merits. In the normal situation senior partners provide guidance and supervision regarding these practices where appropriate.

As for judges, the Government recognizes as follows. As part of various training and seminars, lectures are provided, focusing mainly on international human rights agreements, domestic discrimination issues, and activities of the Council for Human Rights Promotion. Lectures concerning the prevention of sexual harassment are also conducted, and in the same manner as research into issues of juvenile delinquency and family affairs cases, protection and welfare curriculum relating to and including women's rights has been arranged. Lectures on Prevention of "Spousal Violence and the Protection of Victims Law" and lectures centered around a gender-equal society with reference to the eradication of violence toward women have also been held.

As for correctional officers, courses on constitutional and human rights, including gender-equality related issues, are provided in various training at Training Institute for Correctional Personnel and its branches. Training related to protection of women, including sexual harassment, is also being undertaken.