Good morning ladies
(and a few gentlemen). As introduced, I am an attorney at law and
working on many cases of DV in Japan. Today, I listened to the
report from 4 other countries eagerly and the reports strengthened my
idea that the problems of DV are universal, regardless of differences
in our social elements and structure. As a judicial expert, I would
like to give my opinions about the law, introduce how it works in
Japan a little and discuss issues entailed.
First, the law should
clearly declare DV as a crime and violation of human rights against
women. With such a clear-cut declaration, related bodies like the
Police will reconsider their established principle that “The
law should not meddle in household affairs,” and actively
intervene in DV. Further, the recognition that DV is a serious
social issue will widely spread out into the society in general, and
that notion then will lead to the eradication of such violence.
Second, the definition
of DV given in the law should be based upon the “Declaration on
the elimination of violence against women” of the United
Nations. Regarding this point there is a big discrepancy between the
Japanese law and the Declaration. What is subject to protection
order under Japanese DV law is limited to physical violence. I, as
an attorney charged with many DV cases, am perplexed at the lack of
appropriate legal means to protect DV victims who are feeling
cornered because of psychological or sexual violence or both.
Third, currently, the
law does not include any means to provide protection of related
people to the victim. The sphere of the application of the law
should not be limited just to violence between married spouses; the
law must cover a wide range of people such as ex-spouses after
divorce, unmarried de facto spouses who live together, boyfriend and
girlfriend, children who live with the victim, and the victim’s
relatives. The relatives and children of the victim are often
harassed as much as the victim is, and in some extreme cases the
relatives and friends are hurt or killed by the assailant. We have
to address this.
Fourth, for the moment,
attaining economic independence is an important individual issue for
victims since the law does address it at all. Based on my case
experience, I feel urgent needs to set up responsible, administrative
body to protect DV victims and to provide comprehensive assistance
for them to achieve independence. In order to assure an easy access
for any victim, setting up at the very least one such body in each
prefecture is imperative.
Fifth, at present
responses and support of the Police, welfare offices, judicial
entites and medical institutions to DV are diverse since there is no
specially designated department in such places. Given the level of
the understanding required to deal with DV cases, I believe that it
is also pressing to establish a specialized team in DV staffed by
personnel with expertise of this field. The possibility of secondary
harassment by such staff members must also be eliminated
meticulously.
Sixth, the law also
includes protection order; however, what it can do is very limited.
In order to apply for the order, past experience of physical violence
or attacks is indispensable in order to constitute a case. That is
to say, even when the victim is verbally abused by murder threats and
consequently thinks of divorce and resolves to flee, for example, the
order cannot be used. In order to acquire the order, meeting the
conditions stipulated by the law is essential. The article of the
Japanese law is as follows: “When it is likely that life is
endangered or that serious harm is to be suffered…’ And
the interpretation of this particular clause is different from court
to court, causing inequality when it comes to which victim is
entitled to use the order. Introducing more effective protection
order system and assuring the safety of victims are indispensable.
Shelters will be indispensable to reassure safety for the victims;
therefore, shelters must be set up as needed and where they are
required.
Seventh, I am convinced
that we must review Criminal Law and other related laws to violence
against women. Amendments should be implemented as needed.
Finally, conducting
survey and research regarding the reality of DV and needs and wants
of the victims in Japan, as well as cooperation with NGOs and an
attempt to reflect the voices of the NGOs will be imperative in order
to make the introduction of such a new legislation possible.
Thank you.
