2003.5.2
In the Fifth Periodic Report, referred to as, "Training for Personnel in the Justice Field" in page 20, public prosecutors and judges are offered training programs on violence against women and other contemporary issues pertaining to women. Also, the report provides for a separate training program for correction officers on constitutional and human rights.
Several bar associations have reported that there is apparent "gender bias in courts." The existence of "gender bias in courts" is a very serious threat when it persists among those who administrate legal remedies, stipulated as the obligation of State Parties by Article 2 of the Convention, for those discriminated against.
The Fifth Periodic Report implies that the Government believes that violence against women is the only gender discrimination that needs legal redress. But discrimination against women should be understood from a much wider perspective.
It is critical for the administration of justice that participants in the process, lawyers and lay persons alike, be given an opportunity to attend comprehensive training programs that provide sufficient understanding on issues, including: the domestic effect of international treaties and covenants including CEDAW, the social context of discrimination at home and abroad, and other gender issues. Through these understanding, those who administer justice may realize that belittling, ignoring, and silencing a woman's voice or expecting femininity and conformity to stereo-typical behaviour in themselves discriminate against women.
In Japan, all lawyers as well as judges are trained under the auspice of the Supreme Court. In this system, it would not be too much to expect the Government to make it its major policy to overcome gender bias, particularly among lawyers and judges. However, it has not disclosed much information on: when and how often these gender training programs are offered, to whom they are offered, the percentage of hours given to matters considered important to women and law, how issues are dealt with (whether they are dealt with in a manner satisfactory to those concerned), or whether the programs are mandatory. It is impossible to evaluate the usefulness or effectiveness of these programs without appropriate and specific information.
It is extremely important that correction officers are offered courses on constitutional and human rights before their career starts, because this knowledge is indispensable for their career. It is also important that officers who are not novices are given other opportunities to attend similar programs at appropriate stages of their career. These courses should be able to provide better understanding of gender issues. We hope the Ministry of Justice which is responsible for these courses provides information on them such as: period, contents, intervals, and the identity of courses that are mandatory for all officers. We also hope that similar training programs are extended to public prosecutors as well.
The Government Report does not include law enforcement officers; it is as if they are irrelevant. So, we cannot see the actual courses on gender discrimination for them. We believe that law enforcement officers, and their training programs, are very important because they are germane to the effective enforcement of laws preventing discrimination. Officers are at the forefront in dealing with violations of the rights of women and discrimination against women. Therefore, it is necessary for the public to know the contents of the training on gender issues for the officers.
When the legal system expects lay persons to participate fully in the administration of justice, it is also expected that those people would bring common sense into the deliberation process. We welcome the injection of common sense to our judicial decisions but would like to bring attention to the possibility that "common sense" within certain segments of society might not recognize discrimination as such or might perceive it as a natural state of being. It is strongly recommended to hold training sessions and courses for lay participants on: a gender free society, the rights of women, and discrimination against women. At the moment, lay conciliators are the essential element in family disputes, particularly in divorce proceedings. It appears that some of their social and gender bias have intimidated many women from access to law.