Japon

In favour : A/HRC/RES/1/2, A/HRC/RES/2/4, A/HRC/2/L.48 (rejected), A/HRC/RES/6/37, A/HRC/RES/7/11, A/HRC/RES/7/15, A/HRC/RES/7/18

Against : A/HRC/DEC/1/106, A/HRC/DEC/1/107, A/HRC/RES/S-1/1, A/HRC/RES/S-2/1, A/HRC/DEC/2/109, A/HRC/DEC/3/103, A/HRC/RES/4/5, A/HRC/RES/4/9, A/HRC/DEC/4/103, A/HRC/RES/6/3, A/HRC/RES/6/7, A/HRC/RES/6/22, A/HRC/RES/7/4, A/HRC/RES/7/5, A/HRC/RES/8/5, A/HRC/RES/8/9

Abstained : A/HRC/RES/S-3/1, A/HRC/RES/2/3, A/HRC/DEC/2/115, A/HRC/RES/3/1, A/HRC/RES/6/19, A/HRC/RES/S-6/1, A/HRC/RES/7/1, A/HRC/RES/7/19, A/HRC/RES/7/30, A/HRC/RES/7/33, A/HRC/RES/7/36

No vote :

Source : www.ilo.org

Reservations, Declarations and Objections

Reservations and Declarations :

2. Reservation :
"In applying the provisions of paragraphs (a) and (b) of article 4 of the [said Convention] Japan fulfills the obligations under those provisions to the extent that fulfillment of the obligations is compatible with the guarantee of the rights to freedom of assembly, association and expression and other rights under the Constitution of Japan, noting the phrase `with due regard to the principles embodied in the Universal Declaration of Human Rights and the rights expressly set forth in article 5 of this Convention’ referred to in article 4."

3. Reservations and declarations made upon signature and con firmed upon ratification :
"1. In applying the provisions of paragraph (d) of article 7 of the International Covenant on Economic, Social and Cultural Rights, Japan reserves the right not be bound by ’remuneration for public holidays’ referred to in the said provisions.
"2. Japan reserves the right not to be bound by the provisions of sub-paragraph (d) of paragraph 1 of article 8 of the International Covenant on Economic, Social and Cultural Rights, except in relation to the sectors in which the right referred to in the said provisions is accorded in accordance with the laws and regulations of Japan at the time of ratification of the Covenant by the Government of Japan.
"3. In applying the provisions of sub-paragraphs (b) and (c) of paragraph 2 of article 13 of the International Covenant on Economic, Social and Cultural Rights, Japan reserves the right not to be bound by `in particular by the progressive introduction of free education’ referred to in the said provisions.
"4. Recalling the position taken by the Government of Japan, when ratifying the Convention (No. 87) concerning Freedom of Association and Protection of the Right to Organise, that `the police’ referred to in article 9 of the said Convention be interpreted to include the fire service of Japan, the Government of Japan declares that `members of the police’ referred to in paragraph 2 of article 8 of the International Covenant on Economic, Social and Cultural Rights as well as in paragraph 2 of article 22 of the International Covenant on Civil and Political Rights be interpreted to include fire service personnel of Japan."

11. Reservation :
"In applying paragraph (c) of article 37 of the Convention on the Rights of the Child, Japan reserves the right not to be bound by the provision in its second sentence, that is, `every child deprived of liberty shall be separated from adults unless it is considered in the child’s best interest not to do so’, considering the fact that in Japan as regards persons deprived of liberty, those who are below twenty years of age are to be generally separated from those who are of twenty years of age and over under its national law."

Declarations :
1. The Government of Japan declares that paragraph 1 of article 9 of the Convention on the Rights of the Child be interpreted not to apply to a case where a child is separated from his or her parents as a result of deportation in accordance with its immigration law.
2. The Government of Japan declares further that the obligation to deal with applications to enter or leave a State Party for the purpose of family re-unification `in a positive, humane and expeditious manner’ provided for in paragraph 1 of article 10 of the Convention on the Rights of the Child be interpreted not to affect the outcome of such applications."

11.b. Declaration :
"In accordance with article 3, paragraph 2 of the Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict, the Government of Japan declares as follows : The Government of Japan, by relevant laws and regulations, recruits only those who are at and above the minimum age of 18 as a member of the Japan Self-Defense Forces, with the exception of the cases of the students solely receiving educational training at the schools within the structure of the Japan Self-Defense Forces ( hereinafter referred to as "the Youth Cadets"), which come under "schools"stipulated in Article 3, paragraph 5 of the Optional Protocol.
The minimum age of recruitment of the Youth Cadets is 15 years. In Japan, the safeguards to ensure that the recruitment of the Youth Cadets is not forced or coerced are as follows :
1. In accordance with the provisions of the Law on the Japan Self-Defense Forces (Law No 165/1954), the recruitment of personnel of the Japan Self-Defense Forces including the Youth Cadets is required to be based upon examination or selection, and it is prohibited to use such measures as threat, compulsion and similar means with the intention of realizing unjust recruitment of the members.
2. Further, in recruiting the Youth Cadets, the following shall be confirmed beforehand in accordance with the Instruction on the recruitment of the students of the Japan Self-Defense Forces (Japan Defense Agency Instruction No 51/1955).
(1) Either the person who executes the parental authority over a Youth Cadet or his/her guardian gives consent to the recruitment.
(2) The candidate for a Youth Cadet is fully informed of the duties to be involved in advance.
(3) A proof of the age of the Youth Cadets for being at or over 15 years is provided by a certifying document.

Sources : www.ohchr.org