CRPD/ C/JPN/CO/1

(d)
Absence of representatives of organisations of persons with disabilities in the
“Study Group on Criminal Law Related to Sexual Crimes”, established by the Ministry of
Justice in 2020, regarding sexual crimes against children and persons with disabilities.
36.
In line with its statement issued on 24 November 2021 calling to take action to
eliminate gender-based violence against women and girls with disabilities, now, and
with targets 5.1, 5.2 and 5.5 of the Sustainable Development Goals, the Committee
recommends that the State party:
(a)
Carry-out the fact-finding investigation on sexual violence and domestic
violence against girls and women with disabilities and strengthen measures for
combating all forms of violence against children and women with disabilities, providing
them with accessible information about the complaint and redress mechanisms
available to them, and ensuring that these acts are promptly investigated, that
perpetrators are prosecuted and punished, and that remedies are provided for victims;
(b)
Review the Act on the Prevention of Persons with Disabilities and Support
for Caregivers for extending the scope of prevention of violence against persons with
disabilities in all settings, and for establishing measures to investigate violence and
abuse against persons with disabilities and to their remedy;
(c)
Develop strategies at all levels to ensure the accessibility of victim support
services, information on support services and reporting mechanisms, including in
residential institutions, and to provide professional development programmes for the
relevant judicial and administrative officers on the human rights model of disability,
accessibility and reasonable accommodations, in the judicial processes;
(d)
Ensure the meaningful participation of representatives of organisations of
persons with disabilities in the “Study Group on Criminal Law Related to Sexual
Crimes”.
Protecting the integrity of the person (art. 17)
37.

The Committee observes with concern:

(a)
The compensation system, as set out within the “Act on the Provision of Lumpsum Compensation to Persons Who Received Eugenic Surgery, under the Former Eugenic
Protection Law” (1948-1996), that establishes a low compensation for persons with
disabilities subjected to eugenic surgeries without their consent, omits support to the access
to information to victims with disabilities, and provides statutes of limitations to five years;
(b)
Reports of sterilizations, hysterectomies and abortions without the free and
informed consent of women and girls with disabilities.
38.

The Committee recommends that the State party:

(a)
In close cooperation with organisations of persons with disabilities, revise
the compensation system to the victims of eugenic surgery under the former Eugenic
Protection Law, for ensuring identification of all cases, contingent compensations for
all them, including by means of support, along with augmentative and alternative
methods of communication, to access to information, and by not limiting the application
period, in order that all victims are expressly apologized and properly redressed;
(b)
Explicitly prohibit forced sterilizations, including hysterectomies, and
forced abortions of women and girls with disabilities, raise awareness of forced medical
interventions as harmful practices, and ensure that the prior and informed consent of
persons with disabilities is given for any medical and surgical treatment.
Liberty of movement and nationality (art. 18)
39.

The Committee is concerned about:

(a)
The article 5 of the Immigration Control and Refugee Recognition Act that
allows denial of entry to the State party to persons with intellectual or psychosocial disability;

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