日常生活では、どんな店屋の主人でもしごくあたりまえに、ある人が自分がこうだと称する人柄と、その人が実際にどういう人であるのかということを区別することぐらいはできるのに、わが歴史記述ときては、まだこんなありふれた認識にさえも達していないのである。それは、あらゆる時代を、その時代が自分自身について語り、思い描いた言葉どおりに信じ込んでいるのである。 『ドイツ・イデオロギー』
080516
■ Refernces 
96
Report of the Special Rapporteur on violence against women, on International, regional and national developments in the area of violence against women, 1994-2002, E/CN.4/2003/75/Add.1, para. 1043, and E/CN.4/2003/75/Add.1/Corr.1.
以下、引用者註
2003年のクマラスワミによる報告。1996年のものとは違うので注意。--> Link
該当箇所
II. REGIONAL AND NATIONAL DEVELOPMENTS IN THE AREA OF VIOLENCE AGAINST WOMEN
C. Asia/Pacific region
Japan
Issues of concern
1043. At the invitation of the Governments of the Republic of Korea and Japan, the Special Rapporteur on violence against women, its causes and consequences, visited Seoul from 18 to 22 July 1995 and Tokyo from 22 to 27 July 1995 to study in depth the issue of military sexual slavery in wartime, within the wider framework of violence against women (E/CN.4/1996/53/Add.1). Japan has still not accepted legal responsibility for the “comfort women” who were kept in military sexual slavery during the Second World War. It has also not punished many of the perpetrators responsible for such crimes.
97
A/58/38, paras. 361-362.
以下、引用者註
General Documents Not Relating To Specific States
"Report of the Committee on the Elimination of Discrimination against Women"
General Assembly Official Records Fifty-eighth Session Supplement No. 38 (A/58/38)
Twenty-eighth session, 13-31 January 2003
Twenty-ninth session, 30 June-18 July 2003
--> Link
該当箇所
(page 134-135)
Fourth and fifth periodic reports
Japan
Concluding comments of the Committee
Principal areas of concern and recommendations
361. While acknowledging legal and other measures by the State party to address violence against women, the Committee is concerned about the prevalence of violence against women and girls and about women’s apparent reluctance to seek assistance from existing public institutions. It is concerned that the Law for the Prevention of Spousal Violence and the Protection of Victims currently does not cover forms of violence other than physical violence. It is also concerned that the penalty for rape is relatively lenient and that incest is not defined explicitly as a crime under the Penal Code but is dealt with indirectly under a number of different penal provisions. The Committee is further concerned about the particular situation of foreign women who experience domestic violence and whose immigration status might depend on their living together with their spouse. The Committee is concerned that fear of repatriation might be a deterrent for those women to seek assistance or take steps to seek separation or divorce. While appreciative of the comprehensive information provided by the State party with respect to the measures it has taken before and after the Committee’s consideration of the second and third periodic reports of the State party with respect to the issue of “wartime comfort women”, the Committee notes the ongoing concerns about the issue.
362. The Committee calls upon the State party to intensify its efforts to address the issue of violence against women, including domestic violence, as an infringement of their human rights. In particular, the Committee urges the State party to broaden the Law for the Prevention of Spousal Violence and the Protection of Victims so as to include different forms of violence, increase the penalty for rape and include incest as a specific crime in its penal legislation, and implement policies in accordance with the Committee’s general recommendation 19, in order to prevent violence; provide protection, support and other services to the victims; and punish offenders. The Committee recommends that revocation of residence permits of foreign but separated married women who experience domestic violence be undertaken only after a full assessment of the impact of such measures on those women. The Committee recommends that the State party endeavour to find a lasting solution for the matter of “wartime comfort women”.
98
CAT/C/JPN/CO/1, para. 12.
以下、引用者註
CONCLUSIONS AND RECOMMENDATIONS OF THE COMMITTEE AGAINST TORTURE : JAPAN (3 August 2007) -> Link)
該当箇所
C. Principal subjects of concern and recommendations
Statute of limitations
12. The Committee notes with concern that acts amounting to torture and ill-treatment are subject to a statute of limitations. The Committee is concerned that the statute of limitations for acts amounting to torture and ill-treatment may prevent investigation, prosecution and punishment of these grave crimes. In particular, the Committee regrets the dismissal of cases filed by victims of military sexual slavery during the Second World War, the so-called “comfort women”, for reasons related to statutory limitations.
The State Party should review its rules and provisions on the statute of limitations and bring them fully in line with its obligations under the Convention, so that acts amounting to torture and ill-treatment, including attempts to commit torture and acts by any person which constitute complicity or participation in torture, can be investigated, prosecuted and punished without time limitations.
...
Compensation and rehabilitation
24. The Committee is concerned at the inadequate remedies for the victims of sexual violence, including in particular survivors of Japans’s military sexual slavery practices during the Second World War and the failure to carry out effective educational and other measures to prevent sexual violence- and gender-based breaches of the Convention. The survivors of the wartime abuses, acknowledged by the State party representative as having suffered ‘incurable wounds’, experience continuing abuse and re-traumatization as a result of the State party’s official denial of the facts, concealment or failure to disclose other facts, failure to prosecute those criminally responsible for acts of torture, and failure to provide adequate rehabilitation to the victims and survivors.
The Committee considers that both education (article 10 of the Convention) and remedial measures (article 14 of the Convention) are themselves a means of preventing further violations of the State party’s obligations in this respect under the Convention. Continuing official denial, failure to prosecute, and failure to provide adequate rehabilitation all contribute to a failure of the State party to meet its obligations under the Convention to prevent torture and ill-treatment, including through educational and rehabilitation measures. The Committee recommends that the State party take measures to provide education to address the discriminatory roots of sexual and gender-based violations, and provide rehabilitation measures to the victims, including steps to prevent impunity.
129
CAT/C/JPN/CO/1, para. 31.
以下、引用者註
CONCLUSIONS AND RECOMMENDATIONS OF THE COMMITTEE AGAINST TORTURE : JAPAN (3 August 2007) -> Link)
31. The Committee requests the State party to provide, within one year, information on its response to the Committee’s recommendations contained in paragraphs 14, 15, 16 and 24.
