Theme 2-1Kitanaka Chisato (Japan)_Challenges of DV support systems in Japan
Challenges of DV supportsystems in Japan 北仲 千里 Kitanaka Chisato
1. Background:gender gap is awful.Although Japan is a big economic country, the womenspositions in the Japanese society are relatively lowcompared to mens.
In the Human Development Index (HDI) by UN,Japan is ranked 12th place in the world.Human Development Index (HDI) by UNDP *The Human Development Index (HDI) assesses inter-country development levels on the basis of three so-called deprivationindicators: life expectancy, adult literacy and the logarithm of purchasing power adjusted per capita GDP. 1 Norway 11 Switzerland 12 Japan 2 Australia 13 Hong Kong, China 3 Netherlands 14 Iceland 4 United States 15 Korea, Republic 5 New Zealand 16 Denmark 6 Canada 17 Israel 7 Ireland 18 Belgium 8 Liechtenstein 19 Austria 9 Germany 20 France 10 Sweden
However, when we see The Global Gender GapReport 2011by the World Economic Forum, Japan takes the 98th place. *The Index benchmarks national gender gaps on economic, political, education- andhealth-based criteria, and provides country rankings that allow for effective comparisonsacross regions and income groups, and over time. 1. Iceland 11. Germany 2. Norway 12. Spain 3. Finland 13. Belgium 4. Sweden 14. South Africa 5. Ireland 15. Netherlands 6. New Zealand 16. United Kingdom 7. Denmark 17. United States 8. Philippines 18. Canada 9. Lesotho 19. Latvia 10. Switzerland 20. Cuba Japan…… 98th!
【 Work 】Gender Equality In Employment Act(1986) have made somedifferences, but most executives and professionals are men.Wage Gap : Female average wage was 59.7% of male in1986, and in 2008, 67.8% .House of Representatives members female rate 10.9 ％ (2010.12)High-ranking government officials 2.5 ％ (2009.1)Judges 16.5 ％ (2010.4)Company presidents 5.8 ％ (2009)Managerial level of companies 3.1 ％ (2009)
Recently established laws1986 Gender Equality In Employment Act1999 Basic Law for a Gender-Equal Society1999 Gender Equality In Employment Act was amended ; Sexual harassment has been defined “Employers shall establish necessary measures”.2000 Anti-Stalking Act2000 The Child Abuse Prevention Law2001 Act on the Prevention of Spousal Violence and the Protection of Victims2003 Act on Special Cases in Handling Gender for People withGender Identity Disorder (legal gender is permitted to be changed)
2. Sexual ViolenceSexual Violence: Outdated criminal procedure The definition and interpretation of rape in Japans Penal Code(1907) makes Japanese women suffer and discourage them fromspeaking out.For example, definition of sexual violence is narrow.・ Silent victims・ Light punishment (lighter than thief)・ Marital rape has no judicial precedent・ Only female is a “rape” victim・ There’s no rape shield law
Article 177(Rape) in Penal Code defines rape asbelow: A person who, through assault orintimidation, forcibly commits sexualintercourse with a female of not less thanthirteen years of age commits the crime ofrape and shall be punished by imprisonmentwith work for a definite term of not less than3 years. The same shall apply to a personwho commits sexual intercourse with afemale under thirteen years of age.
Statistics Ａ 2007 police statistics/ the number of cases in custody Indecent(Offender) Rape assaultStranger 762 2646Acquaintance, friend 268 272People at work 55 147Family member(spouse, parent, sibling, 33 22child)Relative 18 27Other 145 273Total 1281 3387
Statistics Ｂ “ Survey on Violence between Men andWomen(2008)” by Cabinet Office, Gender Equality Bureau• 7.3% of female respondents have experienced rape by men.• And 75.6% of the offenders were acquaintance, acquaintance strangers were 13.8%
Statistics B : Who’s the rapist that you know? husband 35.5% work 25.8% school, university 7.5% community 4.3% family and relative 7.6% facility 1.1% other 12.9% no answer 1.1%
3. Domestic Violence• Temporary protection of victims : 12,000 cases a year• Counseling cases in public facilities: 72,000 a year• Counseling cases to police : 33,000 a year• Protection order : less than 33,000 a year• One in three women experience DV.• 10% of them are scared for their life.• Every three days a wife is murdered by her husband. (Japan’s total population is over 127 million)
3. Domestic ViolenceIn 2001, “Law for the Prevention of SpousalViolence and the Protection of Victims” wasestablished.The major point of the law is :•Protection order( 保護命令 ) by court 1 . Order Prohibiting Approach to the Victim （接近禁止命令） : Order that forbids the abuser from approaching the victim, or loitering in the vicinity of the victim’s domicile, workplace, or other place for six months.
2. Order Prohibiting Phone Calls or Other Behavior3. Order Prohibiting Approach to the Victim’s Child or Relative, etc.4. Order to Vacate( 退去命令 ):2 months•The prefectures government has theresponsibility for temporary protection. Spousal Violence Counseling and Support Centers in each prefecture offer the consultation, counseling, temporary protection for victims.
However, the law only has begun to "protect victims life."•Punishment for offenders is not defined.•Unmarried couples and gay couples are not included.•The support system of victims is based on SocialWelfare Law but not treated as a human-rights issue.Public facilities are run under the Social Welfare Law.We have one public facility in every prefecture andabout 103 private shelters.
The differences between public facilities and private shelters• One public facility is set in every prefecture. Public facilities are run by national budget.• There are 103 private shelters. They are sponsored and run on their own.own Public financial support to private shelters is scarce, so each group maintains their activity by applying for grants.
1 Stage st VICTIM警 察 Public Private Court 病院 HospitalPolice Shelter Shelter 裁判所
2 Stage for a new life nd 被害者 Victim transfer of refuge welfare residence baby Find a job school Public School/ Welfare housing/ Nursery Employment Shelter Board of office apartment school bureau education house home for mothers and children public facilities
Problems of current system• The law should cover all victims of intimate partner violence.• The government should treat private shelters as equivalent to public shelters.• Financial assistance to victims should be institutionalized.
• Punishment for offenders should be legalized.• Police officers and civil officer’s ignorance is also a big problem. → Training and education are needed.