2. Introduction: framework guiding domestic violence law | Japan | Fighting Domestic Violence

2.1 Are there civil and criminal legal remedies for domestic violence victims?

Regarding civil remedies, a domestic violence victim may file a claim against the abuser for damages (including mental damages). In addition, a victim may request a protection order by the district court pursuant to the Prevention of Spousal Violence Act if a victim is highly likely to experience serious harm due to further bodily harm caused by the spouse.
Regarding criminal remedies, a domestic violence victim may request assistance from police officers to prevent him/her from suffering harm from a spouse. In addition, if the damage is serious (e.g., the victim's death, serious injury or illness, or disability remains), the victim or his/her family may be eligible to receive "benefits for crime victims." The three types of benefits for crime victims stipulated in the Act on Support for Crime Victims through Payment of Benefits for Crime Victims are as follows: survivor benefit, serious injury/illness benefit and disability benefit. The methods of calculating the amount of these benefits payments are also stipulated in the law.

2.2 Is domestic violence identified in national law as a human right (noting that at a European level protection from domestic violence has not been explicitly identified as a human right but is indirectly captured by the other provisions)?

Yes, the preamble of the Prevention of Spousal Violence Act recognizes that spousal violence constitutes a serious violation of human rights and it is a crime. The act also recognizes that, despite the nature of domestic violence (i.e., violation of human rights), efforts to help victims have not always been adequate.

2.3 Has your country signed and ratified the conventions?

Yes, Japan ratified the 1979 Convention in 1985.

2.4 If it has ratified the Maputo Protocol, how has it been implemented into national law (African Union member states only)?

N/A

2.5 If it has ratified the 1979 Convention (CEDAW), how has the recommendations part of General Comment No. 35 been implemented into national law?

In Japan, equality between men and women is provided for in the Constitution of Japan and gender-based discrimination and violence are prohibited. In addition, the Act on Securing, etc. of Equal Opportunity and Treatment between Men and Women in Employment was enacted in 1985 to promote equality between men and women. Further, the Basic Act for Gender Equal Society was enacted in 1999 to comprehensively and systematically promote the formation of a gender-equal society (http://www.gender.go.jp/english_contents/about_danjo/lbp/laws/pdf/laws_01.pdf). However, none of these laws specifically addresses issues of gender-based violence.

2.6 If the conventions have not been ratified or signed, is it envisaged that your country will do so?

N/A

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