Human Rights Protection Bill

The present Act aims to promote policies for the protection of human rights in a comprehensive manner, thus contributing to the realization of a society where human rights are respected, through providing appropriate and prompt remedies for or effectively preventing sufferings caused or likely to be caused by human rights violations as well as through disseminating the philosophy of respect for human rights and undertaking awareness-raising measures to promote better understanding of the philosophy.

Article 2 (Definitions)

For the purpose of the present Act,

The term “human rights violations” means any acts of unjust discrimination, ill-treatment or other acts which violate human rights.
The term “social status” means social status determined by birth.
The term “disability” means physical, intellectual or mental disability which imposes substantial restrictions on a person’s daily lives or social life on a long-term basis.
The term “disease” means any infectious disease or other disease which, after its symptoms have developed, imposes substantial restrictions on a person’s daily lives or social life on a long-term basis.
The term “race or other characteristics” means race, ethnicity, belief, sex, social status, lineage, disability, disease or sexual orientation.

Article 3 (Prohibition of human right violations and other relevant acts)

No one shall violate human rights of other persons, including through:
1. The following types of unjustly discriminatory acts;
  1. Unjustly discriminatory treatment on the ground of race or other characteristics committed through the position of national or local authority or other official functions established by law;
  2. Unjustly discriminatory treatment on the ground of race or other characteristics committed through the position of a provider of goods, real estates, rights or services for business considerations; or,
  3. Unjustly discriminatory treatment in labour matters, including recruitment of employees or working conditions, on the ground of race or other characteristics committed through the position of an employer, including unjust discriminatory treatment under the provisions of Article 8, paragraph 2 of the Law on Equal Opportunity and Treatment between Men and Women in Employment and dismissal on the grounds set out under Article 8, paragraph 3 of the same Law.
2. The following types of unjustly discriminatory words and deeds; or,
  1. Insult, harassment or other words and deeds of unjust discrimination toward a specific person on the ground his or her race or other characteristics; or
  2. Sexual words and deeds toward a specific person against his or her will, taking advantage of the perpetrator’s functional position.
3. Ill-treatment of a specific person through the advantageous position over the victim.
No one shall be involved in:
1. Publicly revealing the information which facilitates the identification of an indefinite and large number of individuals with race or other common characteristics, through the dissemination or exhibition of documents or other similar manner, for the purpose of fostering or inducing unjustly discriminatory treatment, as defined in paragraph 1, against them on the ground of such characteristics; or,
2. Publicly revealing the intention, through advertisement, exhibition or other similar manner, to give unjustly discriminatory treatment, as defined in paragraph 1, against an indefinite and large number of individuals with race or other common characteristics on the ground of such characteristics.

Article 4 (Responsibility of the State)

The State has the responsibility to promote policies for the promotion of human rights in a comprehensive manner, in accordance with the philosophies of the Constitution of Japan which guarantees the enjoyment of fundamental human rights and equality under the law.

Chapter 2 Human Rights Commission

Article 5 (Establishment of the Commission)

There shall be established a Human Rights Commission mandated to achieve the purposes set out I Article 1, in accordance with Article 3, paragraph 2 of the Organization of the State Administration Act.
The Human Rights Commission shall fall under the responsibility of the Minister of Justice.

Article 6 (Functions of the Commission)

In order to achieve the mandate set out in Article 5, paragraph 1, the Human Rights Commission shall be in charge of:

Matters concerning the provision of remedies for and prevention of sufferings caused by human rights violations;
Matters concerning awareness-raising on human rights as well as support to private activities for the protection of human rights;
Matters concerning the appointment, training and the improvement of activities of Human Rights Commissioners;
Matters concerning international cooperation relevant to its functions; and,
Other duties mandated to the Human Rights Commission under laws, including decrees issued under any law.

Article 7 (Independence in the performance of its functions)

The Chair and members of the Human Rights Commission shall perform their functions independently.

Article 8 (Organization)

The Human Rights Commission shall consist of the Chair and four other members.
Three of the four members shall work on a part-time basis.
The Chair shall administer the business of the Human Rights Commission and represent the Commission.
When the Chair cannot perform his or her functions because of any trouble, the full-time member shall perform his or her functions on behalf of the Chair.

Article 9 (Appointment of the Chair and other members)

The Prime Minister shall appoint the Chair and other members of the Human Rights Commission from among those who are of noble character, have high expertise in human rights and are intellectually experienced in law or society, with the consent of both Houses of the Diet.
In appointing the Chair and other members in accordance with paragraph 1, efforts shall be made to ensure that the number of either male or female members be less than two among the five members.
When the term of the Chair or other members expires or there is a vacancy in the Commission due to any other reasons, and if the consent of both Houses of the Diet cannot be obtained because the Diet is not in session or the House of Representatives has dissolved, the Prime Minister may appoint the Chair or other members from among those who are qualified in accordance with paragraph 1, notwithstanding the requirement in paragraph 1.
When the appointment is made under paragraph 3, the ex post facto consent of both Houses of the Diet shall be obtained in the first session of the Diet after the appointment.

Article 10 (Term of office)

The Chair and other members shall be appointed for a term of three years. However, the Chair or a member who was appointed to fill a vacancy shall serve for the remainder of the term of his or her predecessor.
The Chair and other members shall be eligible for reappointment.
When the term of the Chair or other members expires, the concerned Chair or member shall continue to serve until his or her successor is appointed.

Article 11 (Tenure)

The Chair and other members shall not be dismissed against his or her will unless:

He or she is sentenced to imprisonment or heavier punishment;
The Human Rights Commission finds that he or she cannot perform his or her functions because of any physical or mental trouble or that he or she has acted in contravention of his or her official duties or in any other way which is not appropriate for his or her position; or,
The ex post facto consent of both Houses of the Diet could not have been obtained in accordance with Article 9, paragraph 3.

Article 12 (Dismissal)

The Prime Minister shall dismiss the Chair or other members if he or she meets any of the criteria set out in Article 11.

Article 13 (Duties of the Chair and other members)

The Chair and other members shall not disclose confidential information obtained through his or her official functions, even after he or she has retired from his position.
The Chair and other members shall not become officers of a political party or any other political association or be actively involved in political activities during his or her term of office.
The Chair and the full-time member shall not undertake a profit-making enterprise or any other work for financial gains or, unless he or she is permitted by the Prime Minister to do so, perform other functions in exchange of financial considerations.
The remunerations for the Chair and other members shall be determined by law.

Article 14 (Meetings)

Meetings of the Human Rights Commission shall be convened by the Chair.
The Human Rights Commission cannot meet and decide unless the meeting is attended by the Chair and two or more other members.
Decisions of the Human Rights Commission shall be made by a majority of the members present. If a vote is equally divided, the Chair shall decide on the matter.
Notwithstanding the provisions of paragraph 3, all the members except the person concerned shall agree when the Human Rights Commission determines whether any of its member falls within the criteria set out in Article 11, clause (b).
In the application of paragraph 2 when the Chair cannot perform his or her functions because of any trouble, the full-time member shall be deemed as the Chair.

Article 15 (Secretariat)

There shall be established a Secretariat attached to the Human Rights Commission for the purpose of the administration of its business.
The Secretariat shall have one or more qualified lawyers in its staff.

Article 16 (Local offices)

Local offices shall be established at designated places as local organizations of the Secretariat of the Human Rights Commission.
The names, locations and jurisdictions of the local offices mentioned in paragraph 1 shall be determined by decrees.
The Human Rights Commission may delegate the functions of a local office mentioned in paragraph 1 to a director of a District Legal Affairs Bureau in accordance with the relevant decrees.

Article 17 (Public hearing)

The Human Rights Commission can organize a public hearing in order to consult the broader public when the Commission finds it necessary for the performance of its functions.

Article 18 (Publication of the performance of the Commission’s functions)

In order to ensure the appropriate administration of the present Act, the Human Rights Commission may publicize the results of the performance of its functions at appropriate times.

Article 19 (Report to the Diet)

The Human Rights Commission shall submit an annual report on how it has performed its functions, to the Diet through the Prime Minister, and publicize the summary of it.

Article 20 (Submission to the Prime Minister and others as well as to the Diet)

The Human Rights Commission may submit its views on the matters necessary to achieve the purposes of the present Act to the Prime Minister or other heads of the relevant administrative bodies or, through the Prime Minister, to the Diet.

Chapter 3 Human Rights Commissioner

Article 21 (Establishment)

In order to promote the protection of human rights at the local level, there shall be established Human Rights Commissioners attached to the Human Rights Commission.
The duties of Human Rights Commissioners shall be to contribute to the realization of a society where human rights are respected, by being involved in local activities for the protection of human rights in the spirit of voluntary social service.
In view of the duties of Human Rights Commissioners set out in paragraph 2, the Human Rights Commission shall endeavour to secure and train persons suitable for the exercise of such duties and to take necessary measures to improve their activities.

Article 22 (Appointment)

Human Rights Commissioners shall be appointed by the Human Rights Commission.
The Human Rights Commission shall appoint Human Rights Commissioners from among the candidates recommended by the mayor or the chief of a special ward, town or village, in consultation with the bar associations and the Prefectural Association of Human Rights Commissioners in the prefecture (in the case of Hokkaido, the area defined by the Human Rights Commission in accordance with the proviso of Article 32, paragraph 2; the same applies in paragraph 5 as well as in Article 23) which encompasses the administrative area concerned.
The mayor or the chief of a special ward, town or village shall recommend the candidates of Human Rights Commissioners to the Human Rights Commission, selected from among the residents of the administrative area concerned who are of noble character and have high expertise in human rights and among the members of bar associations and other organizations working for or supporting the promotion of human rights, in consultation with the parliament of the administrative area concerned.
When the Human Rights Commission finds that the candidates recommended by the mayor or the chief of a special ward, town or village are not suitable for Human Rights Commissioners, it may request the concerned mayor or the chief to recommend other candidates within a reasonably specified time.
When the concerned mayor or the chief has not recommended other candidates within a specified time in accordance with paragraph 4, the Human Rights Commission may, notwithstanding the provisions of paragraph 2, appoint Human Rights Commissioners from among those specified in paragraph 3, in consultation with the bar associations and the Prefectural Association of Human Rights Commissioners in the prefecture which encompasses the administrative area concerned.
When the Human Rights Commission has appointed Human Rights Commissioners, it shall take appropriate measures to make their names and duties known among the residents concerned.
The mayor or the chief of a special ward, town or village shall cooperate with the Human Rights Commission, at its request, in taking measures refereed to in paragraph 6.

Article 23 (Exception in the appointment process)

When the Human Rights Commission finds any person who is particularly suitable for a Human Rights Commissioner but not recommended as a candidate by the mayor or the chief of a special ward, town or village in accordance with Article 22, paragraph 2, it may, notwithstanding the provisions of Article 22, paragraphs 2 to 5, appoint him or her as a Human Rights Commissioner, in consultation with the mayor or the chief of the administrative area where he or she resides as well as the bar associations and the Prefectural Association of Human Rights Commissioners in the prefecture which encompasses the administrative area concerned.

Article 24 (Number of Human Rights Commissioners)

The number of Human Rights Commissioners shall not exceed 20,000 in the whole country.
The number of Human Rights Commissioners in each city, special ward, town or village shall be determined by the Human Rights Commission in view of the population and economic, cultural and other circumstances of the administrative area concerned.
The Prefectural Association of Human Rights Commissioners may submit its views on the number of Human Rights Commissioners referred to in paragraph 2 to the Human Rights Commission.

Article 25 (Term of office, etc.)

Human Rights Commissioners shall be appointed for a term of three years.
Human Rights Commissioners shall be eligible for reappointment.
When the term of a Human Rights Commissioner expires, the concerned Human Rights Commissioner shall continue to serve until his or her successor is appointed.
Human Rights Commissioners shall perform their functions on a part-time basis.

Article 26 (Expenses)

Human Rights Commissioners shall not receive remunerations.
Human Rights Commissioners may be compensated, within the budget, for necessary expenses for the performance of their functions in accordance with the relevant decrees.

Article 27 (Jurisdiction)

Human Rights Commissioners shall perform their functions in the city, special ward, town or village where he had resided at the time of their appointment. When there is special necessity, however, they can perform their functions outside their jurisdictions.

Article 28 (Functions)

The functions of Human Rights Commissioners shall be:

To disseminate the philosophy of respect for human rights and to undertake awareness-raising activities to promote better understanding of the philosophy;
To endeavour to promote private activities for the protection of human rights;
To provide counselling on human rights;
To gather information about human rights violations and report to the Human Rights Commission;
To undertake activities to investigate human rights violations and to provide remedies for or prevent sufferings caused by human rights violations; and,
To endeavour to protect human rights in other ways.

Article 29 (Duties)

Being aware of their responsibilities, Human Rights Commissioners shall perform their functions in an active manner, always endeavouring to enhance their personality and expertise and to acquire necessary legal knowledge and skills for the performance of their functions.

Article 30 (Supervision)

Human Rights Commissioners shall be subject to the direction and supervision of the Human Rights Commission in the performance of their functions.

Article 31 (Discharge)

The Human Rights Commission may discharge a Human Rights Commissioner, in consultation with the concerned Prefectural Association of Human Rights Commissioners, when:
1. He or she is deemed to be unable to perform his or her functions because of any physical or mental trouble; or,
2. He or she has acted in contravention of his or her official duties or in any other way which is not appropriate for his or her position.
A Human Rights Commissioner shall not be discharged under paragraph 1 unless he or she has been given notice of the reason and opportunities to explain him or herself.

Article 32 (Conference, Association and National Association)

Human Rights Commissioners shall form a Conference of Human Rights Commissioners in each area, defined by the Human Rights Commission by way of dividing each prefecture into a few areas.
Conferences of Human Rights Commissioners shall form a Prefectural Association of Human Rights Commissioners in each prefecture. In Hokkaido, however, a Prefectural Association shall be established in each area defined by the Human Rights Commission.
Prefectural Associations of Human Rights Commissioners shall form a National Association of Human Rights Commissioners.

Article 33 (Functions of the Conference)

The functions of the Conference of Human Rights Commissioners shall be:
1. Communication and coordination of the matters concerning the functions of Human Rights Commissioners;
2. Collection of necessary materials and information concerning the functions of Human Rights Commissioners;
3. Publication of studies and views on the functions of Human Rights Commissioners;
4. Collaboration and cooperation with the city, special ward, town or village authorities and other relevant administrative bodies as well as relevant public and private organizations; and,
5. Other necessary functions for the protection of human rights, stipulated by the regulations of the Human Rights Commission.
The Conference of Human Rights Commissioners shall report the results of its activities regularly or when necessary to the relevant Prefectural Association of Human Rights Commissioners.

Article 34 (Functions of the Association)

The functions of the Prefectural Association of Human Rights Commissioners shall be:
1. Communication and coordination of the matters concerning the functions of Conferences of Human Rights Commissioners;
2. Collection of necessary materials and information concerning the functions of Human Rights Commissioners;
3. Publication of studies and views on the functions of Human Rights Commissioners;
4. Collaboration and cooperation with the prefectural authorities and other relevant administrative bodies as well as relevant public and private organizations; and,
5. Other necessary functions for the protection of human rights, stipulated by the regulations of the Human Rights Commission.
The Prefectural Association of Human Rights Commissioners shall report the results of its activities regularly or when necessary to the Human Rights Commission.
The Prefectural Association of Human Rights Commissioners may submit its views on policies for the protection of human rights, on the basis of the results of activities of Human Rights Commissioners.

Article 35 (Functions of the National Association)

The functions of the National Association of Human Rights Commissioners shall be:
1. Communication and coordination of the matters concerning the functions of Prefectural Associations of Human Rights Commissioners;
2. Collection of necessary materials and information concerning the functions of Human Rights Commissioners;
3. Publication of studies and views on the functions of Human Rights Commissioners;
4. Collaboration and cooperation with the relevant administrative bodies as well as relevant public and private organizations; and,
5. Other necessary functions for the protection of human rights, stipulated by the regulations of the Human Rights Commission.
The National Association of Human Rights Commissioners shall report the results of its activities regularly or when necessary to the Human Rights Commission.
The National Association of Human Rights Commissioners may submit its views on policies for the protection of human rights, on the basis of the results of activities of Human Rights Commissioners.

Article 36 (Commendation)

The Human Rights Commission shall commend Human Rights Commissioners, Conferences of Human Rights Commissioners, Prefectural Associations of Human Rights Commissioners or the National Association of Human Rights Commissioners when it finds any of them has made special contributions in the performance of their functions, thus endeavouring to make their achievements known to the public.

Chapter 4 Procedures for Human Rights Remedies

Section 1 General Provisions

Article 37 (Counselling on human rights violations)

The Human Rights Commission shall provide counselling on various issues concerning human rights violations.
The Human Rights Commission may direct its members or the staff of the Secretariat to provide counselling mentioned in paragraph 1.

Article 38 (Initiation of the procedures for remedies)

Any person who has suffered or is likely to suffer from human rights violations may inform the Human Rights Commission of the fact and request it to take appropriate measures to provide remedies for or prevent sufferings caused by the human rights violations.
Upon receiving the request under paragraph 1, the Human Rights Commission shall, without delay, conduct necessary inquires and take appropriate measures in response to the alleged case of human rights violations in accordance with the provisions of the present Act, unless it finds that the case is not suitable for such responses because of its nature or the request has been made later than one year after the day of the alleged act or the termination of the alleged act.
When the Human Rights Commission finds it necessary to provide remedies for or prevent sufferings from human rights violations, it may conduct necessary inquires and take appropriate measures on its own initiative in accordance with the provisions of the present Act.

Section 2 Procedures for General Remedies

Article 39 (General inquires)

When the Human Rights Commission finds it necessary in order to perform its functions concerning the provision of remedies for or the prevention of sufferings caused by human rights violations, it may conduct necessary inquires. In this case, the Human Rights Commission may ask the relevant administrative bodies for the provision of materials or information, submission of their views, explanation and other necessary cooperation.
The Human Rights Commission may direct its members, the staff of the Secretariat or Human Rights Commissioners to conduct inquiries mentioned in paragraph 1.

Article 40 (Delegation of inquiries)

When the Human Rights Commission finds it necessary in order to perform its functions concerning the provision of remedies for or the prevention of sufferings caused by human rights violations, it may delegate other national administrative bodies, local authorities, schools, other organizations or intellectually experienced persons to conduct necessary inquiries.

Article 41 (General remedies)

When the Human Rights Commission finds it necessary to provide remedies for or prevent sufferings from human rights violations, it may:
1. Provide necessary counselling to persons who have suffered or are likely to suffer from human rights violations and other persons concerned with them (referred to as “the victims” in clause (c)), refer them to the relevant authorities or concerned public or private organizations, help them to obtain legal aid and assist them in any other way;
2. Provide guidance on the concerned acts of human rights violations to persons who have or are likely to be involved in such acts or who foster or induce them (referred to as “the perpetrators” in clause (c)), raise their awareness on the philosophy of respect for human rights and guide them in any other way;
3. Coordinate the relationship between the victims and the perpetrators;
4. Notify the relevant authorities of the facts of human rights violations; and,
5. File complaints on the acts of human rights violations which can be considered as crime.
The Human Rights Commission may direct its members, the staff of the Secretariat or Human Rights Commissioners to take any of the measures set out in clauses (a)-(d) of paragraph 1.

Section 3 Procedures for Special Remedies

Sub-section 1: Common Provisions

Article 42 (Remedies for unjust discrimination and ill-treatment)

Other than the measures set out in Article 41, paragraph 1, the Human Rights Commission may take necessary measures in accordance with Sub-sections 2-4 for the following types of human rights violations. However, it may take no measures except the ones under Article 63 for unjustly discriminatory treatment mentioned in Article 3, paragraph 1 (a) (iii) among the acts covered in clause (a) of the present paragraph and for unjustly discriminatory words and deeds against employees at workplace among the acts covered in clause (b) of the present paragraph.
1. Unjustly discriminatory treatment as defined in Article 3, paragraph 1 (a).
2. The following types of unjustly discriminatory words and deeds.
  1. Unjustly discriminatory words and deeds as defined in Article 3, paragraph 1 (b) (i), which threatens, embarrasses or seriously discomforts the victim.
  2. Sexual words and deeds as defined in Article 3, paragraph 1 (b) (ii), which threatens, embarrasses or seriously discomforts the victim.
3. The following types of ill-treatment.
  1. The following types of ill-treatment committed by officials of national or local authorities in the course of performing their functions.
    1. Infringing attacks which have caused or are likely to cause physical injury.
    2. Committing obscene acts to a person or having a person commit obscene acts against his or her will.
    3. When the official is responsible for protecting a person’s life or physical security, giving harm to his or her life or physical security by seriously neglecting the duties.
    4. Being involved in words and deeds which inflict serious trauma to a person.
  2. Ill-treatment as defined in sub-clause (i) A-D committed by the administrator, the staff or other workers of social welfare, medical or other similar institutions to a person placed in the institution.
  3. Ill-treatment as defined in sub-clause (i) A-D committed by the administrator, the staff or other workers of schools or other similar institutions to a student, pupil or child of the institution or any other person who attends or placed in the institution.
  4. Child abuse as defined in Article 2 of the Child Abuse Prevention Act.
  5. Ill-treatment as defined in sub-clause (i) A-D committed by a spouse to another spouse (including spouses who are in a de facto marriage relationship without formally registering the relationship; the same applies in clause (d)).
  6. Ill-treatment as defined in sub-clause (i) A-D committed to an old person (who is sixty-five years old or older) or a disabled person by a person who lives with or is responsible for the maintenance, care and other support of him or her.
4. The following types of human rights violations infringed by a broadcasting corporation, newspaper publisher, news agency or other news media or a reporter or investigator of such a news media (referred to as “the news media” in the next paragraph).
  1. In reporting that a particular person is any of the following categories, unreasonably reporting the facts on his or her private life or seriously disturbing his or her honor or peaceful life:
    1. A victim of a criminal act (which is a violation of penal provisions of a law or ordinance; the same applies in the present clause);
    2. A juvenile who has committed a criminal act; or,
    3. A spouse, immediate or cohabiting relative or sibling of a victim or a perpetrator of a criminal act.
  2. In investigating a particular person as any of the categories listed in sub-clause (i), seriously disturbing his or her peaceful life by committing any of the following acts on a continuous or repetitious basis, despite his or her refusal to talk to the investigator:
    1. Stalking the person, lying in wait for him or her, standing in his or her way, watching him or her near his or her home, workplace, school or any other place where he or she is usually located or making unannounced visits to such places; or,
    2. Making telephone calls or sending faxes to the person.
5. Human rights violations comparable to the ones listed in clauses (a)-(d), which may lead to the presumption that, in view of the circumstances of the victim, it is difficult for the victim him or herself to take appropriate measures to eliminate them or to recover from the sufferings caused by them.
In conducting inquires into and taking measures under paragraph 1 in response to human rights violations as defined in paragraph 1 (d), the Human Rights Commission shall pay due considerations to the guarantee of freedom of expression of the news media, including freedom of press or investigation, and respect efforts by the news media for voluntary resolution of the problems.

Article 43 (Remedies for acts of fostering or inducing discrimination)

The Human Rights Commission may take measures set out in Article 41, paragraph 1 as well as necessary measures set out in Sub-section 5 in response to:

Acts defined in Article 3, paragraph 2 (a), which, if left without any response, are obviously likely to foster or induce the acts of unjustly discriminatory treatment; or
Acts defined in Article 3, paragraph 2 (b), which, if left without any response, are obviously likely to lead to the actual acts of unjustly discriminatory treatment by the person who has exhibited the intention to do so.

Article 44 (Special inquiries)

In order to conduct inquiries into cases involving human rights violations listed in Article 42, paragraph 1 (a)-(c) (except unjustly discriminatory treatment mentioned in Article 3, paragraph 1 (a) (iii) among the acts covered in clause (a) of the said paragraph and for unjustly discriminatory words and deeds against employees at workplace among the acts covered in clause (b) of the said paragraph) or involving the acts listed in Article 43 (referred to as “the human rights violations concerned” in the present paragraph), the Human Rights Commission may be able:
1. To request the concerned parties to appear before the Commission in order to pose questions to them;
2. To request the persons in possession of the materials and other goods relevant to the human rights violations concerned to submit them, or to keep the materials and other goods submitted to the Commission; and,
3. To enter the premises where the human rights violations concerned have been actually or allegedly committed, to inspect materials and other goods or to pose questions to the concerned parties.
The Human Rights Commission may direct its members or the staff of the Secretariat to exercise any of the powers listed in paragraph 1.
When the Human Rights Commission directs its members or the staff of the Secretariat, in accordance with the provisions of paragraph 2, to enter any premises and inspect, it shall direct the members or the staff to carry their identification documents with them and to show them to the parties concerned.
The powers listed in paragraph 1 shall not be interpreted as the powers for criminal investigation.

Sub-section 2: Mediation and Arbitration

Part 1: Common Provisions

Article 45 (Mediation and Arbitration)

In accordance with the provisions of the present Sub-section, the Human Rights Commission shall receive an application for mediation or arbitration concerning a case of human rights violations listed in Article 42, paragraph 1 (except unjustly discriminatory treatment mentioned in Article 3, paragraph 1 (a) (iii) among the acts covered in clause (a) of the said paragraph and for unjustly discriminatory words and deeds against employees at workplace among the acts covered in clause (b) of the said paragraph; hereafter referred to as “special human rights violations), establish a mediation or arbitration committee and direct the committee to provide mediation or arbitration.

Article 46 (Application)

Either or both of the concerned parties may apply to the Human Rights Commission for mediation or arbitration concerning the sufferings caused by special human rights violations.
The application made by one of the concerned parties for arbitration shall be based on the agreement of the both parties to refer the case to arbitration.

Article 47 (Mediation on the Commission’s initiative)

When the Human Rights Commission finds it appropriate, it may refer a case of special human rights violations to mediation on its own initiative.

Article 48 (Human Rights Mediator)

There shall be established Human Rights Mediators attached to the Human Rights Commission in order to have them involved in its mediation and arbitration.
The Human Rights Commission shall appoint Human Rights Mediators from among those who are of noble character and intellectually experienced in law or society.
Human Rights Mediators shall be appointed for a term of three years.
Human Rights Mediators shall be eligible for reappointment.
Human Rights Mediators shall perform their functions on a part-time basis.
Other necessary matters on the appointment of Human Rights Mediators shall be determined by decrees.

Article 49 (Discharge)

The Human Rights Commission may discharge a Human Rights Mediator when:
1. He or she is deemed to be unable to perform his or her functions because of any physical or mental trouble; or,
2. He or she has acted in contravention of his or her official duties or in any other way which is not appropriate for his or her position.
A Human Rights Mediator shall not be discharged under paragraph 1 unless he or she has been given notice of the reason and opportunities to explain him or herself.

Part 2: Mediation

Article 50 (Mediation Committee)

A mediation committee shall be established for each case, consisting of three mediators whom the Chair of the Human Rights Commission designates from among the Chair or other members of the Human Rights Commission or Human Rights Mediators.
At least one of the three mediators shall be qualified as lawyer.

Article 51 (Hearing)

When the mediation committee finds it necessary for mediation, it may request the concerned parties to appear before the committee in order to hear them.

Article 52 (Recommendation to accept the proposal)

When the mediation committee finds it appropriate, it may prepare a mediation proposal in view of all the relevant circumstances and recommend the concerned parties to accept it within a specified period not less than thirty days.
The mediation proposal under paragraph 1 shall be adopted by a majority of the mediators.
When a recommendation has been made under paragraph 1 and when the concerned parties have not notified their intention not to accept the mediation proposal within the specified time, it shall be deemed that the concerned parties have reached the agreement to the same effect with the proposal.

Article 53 (Not to initiate mediation)

The mediation committee may decide not to initiate mediation when it finds that the application has bee made concerning the case which is not suitable for mediation by its nature or that the concerned parties have made an unreasonable application for mediation for unjustifiable reasons.

Article 54 (Termination of mediation)

The mediation committee may terminate mediation when it finds that the case is not likely to be resolved through mediation.
When a recommendation has been made under Article 52, paragraph 1 and when any of the concerned parties have notified their intention not to accept the mediation proposal within the specified time, the mediation for the case shall be deemed to have been terminated.

Article 55 (Termination of the statute of limitations)

When mediation has been terminated in accordance with Article 54, paragraph 1 or is deemed to have been terminated in accordance paragraph 2 of the same Article, and when any of the parties to the mediation filed suit concerning the claims on which the mediation had been initiated, within thirty days after having been notified of the termination, it shall be deemed that the suit had been filed on the day of the application for the mediation or of the initiation of the mediation on the initiative of the Human Rights Commission, as far as the statute of limitations is concerned.

Article 56 (Mediation procedures shall be closed)

The procedures of the mediation committee shall not be open to the public.

Part 3: Arbitration

Article 57 (Arbitration committee)

An arbitration committee shall be established for each case, consisting of three arbitrators whom the concerned parties agree to designate from among the Chair or other members of the Human Rights Commission or Human Rights Mediators. When the concerned parties could not agree on the designation, however, the designation shall be made by the Chair of the Human Rights Commission for each case from among the Chair or other members of the Human Rights Commission or Human Rights Mediators.
At least one of the three arbitrators shall be qualified as lawyer.

Article 58 (Application)

The provisions of Chapter 8 (Arbitration Procedures) of the Law on Public Summons Procedures and Arbitration Procedures shall apply to the procedures of arbitration by the arbitration committee, mutatis mutandis, unless otherwise specified by the present Act.

Article 59 (Application)

The provisions of Article 56 shall apply to the procedures of arbitration by the arbitration committee, mutatis mutandis.

Part 3: Recommendation and Publication Thereof

Article 60 (Recommendation)

When the Human Rights Commission finds that special human rights violations are or have been committed and considers it necessary in order to provide remedies for or prevent the sufferings caused by the special human rights violations, it may recommend the perpetrator, with the explanation of reasons, to stop the acts, not to commit the same or similar acts in the future or to take other necessary measures for the provision of remedies for or the prevention of the sufferings.
Before the Human Rights Commission makes recommendations under paragraph 1, it shall hear the person to whom the recommendation is to be addressed.
When the Human Rights Commission has made recommendations under paragraph 1, it shall notify the victim of the special human rights violations concerned of the fact.

Article 61 (Publication of the recommendations)

When the perpetrator does not conform to the recommendations made by the Human Rights Commission under Article 60, paragraph 1, the Human Rights Commission may publicize the fact along with the content of the recommendations.
Before the Human Rights Commission publicizes the relevant facts in accordance with paragraph 1, it shall hear the victim of the special human rights violations concerned as well as the perpetrator whose refusal to the recommendations is to be publicized.

Part 4: Assistance for Legal Action

Article 62 (Inspection of materials and provision of their copies)

When the Human Rights Commission has made recommendations under Article 60, paragraph 1, and when the victim of the special human rights violations concerned or his or her legal representative or a lawyer designated by the victim and/or his or her legal representative applies for the inspection of the relevant materials in the possession of the Human Rights Commission or for the provision of the copies of the materials, in whole or in part, the Human Rights Commission may allow the applicant to inspect the materials or provide him or her with the copies of the materials, in whole or in part, if it is necessary for the exercise of the victim’s rights or for any other justified reasons and if the Commission finds that it is appropriate in view of the rights and interests of the concerned parties and other circumstances.
When the Human Rights Commission has allowed the applicant to inspect the materials or provided him or her with the copies of the materials, in whole or in part, and when the defendant in the suit, filed by the victim of the special human rights violations concerned concerning his or her claims in connection with the case, or the defendant’s legal representative or a lawyer designated by the defendant and/or his or her legal representative applies for the inspection of the relevant materials in the possession of the Human Rights Commission or for the provision of the copies of the materials, in whole or in part, the Human Rights Commission shall allow the applicant to inspect the materials or provide him or her with the copies of the materials, in whole or in part.
Anyone who, in accordance with the provisions of paragraphs 1 and 2, has inspected the materials or been provided with the copies of the materials, in whole or in part, shall pay attention to the need to prevent unreasonable harm on the honor or peaceful life of the concerned persons in making use of the facts known to him or her through the process.
Anyone who applies for the provision of the copies of the relevant materials, in whole or in part, in accordance with the provisions of paragraphs 1 or 2 shall pay the fees specified by decrees not more than the actual costs.
The Human Rights Commission may reduce or exempt the fees under paragraph 4, in accordance with decrees, when it finds it justified because of economic difficulties or other special reasons.

Article 63 (Involvement of the Human Rights Commission in the legal proceedings)

When the Human Rights Commission has made recommendations under Article 60, paragraph 1 (including when the provisions have been applied mutatis mutandis under Article 72, paragraph 1 or Article 78, paragraph 1), it may be involved in the legal proceedings concerning the claims in connection with the human rights violations concerned, if it finds it necessary in view of the content and nature of the concerned human rights violations and other circumstances.
The provisions concerning the application for the involvement of legal assistants contained in the civil procedure legislation shall apply to the application for the involvement under paragraph 1, mutatis mutandis.
When the Human Rights Commission has applied for the involvement in the legal proceedings under paragraph 1 and when any of the concerned parties objects to the involvement on the ground that the claims in the suit are not related to the human rights violations referred to in the recommendations concerned, the court shall decide on the matter through the trial. In this case, the Human Rights Commission shall offer a prima facie case that the claims in the suit are related to the human rights violations referred to in the recommendations concerned.
The provisions of Article 44, paragraphs 2 and 3 of the Code of Civil Procedure shall apply to the objection and hearings in paragraph 3, mutatis mutandis.
The provisions of Article 45, paragraphs 1 and 2 (except the provisions concerning appeals and applications for reopening of the proceedings in paragraph 1 of the same Article) shall apply, mutatis mutandis, to the Human Rights Commission which has been involved in the legal proceedings under paragraph 1.
The provisions of Articles 61-67 of the Code of Civil Procedure shall apply, mutatis mutandis, to the determination of the costs of the trial, necessitated by the objection under paragraph 3, borne by the Human Rights Commission and the party who had objected as well as to the determination of the costs of the trial, necessitated by the involvement under paragraph 1, borne by the Human Rights Commission and the defendant.
The final decision concerning the costs of the trial in which the Human Rights Commission had been involved shall be effective against or for the State.

Part 5: Prohibition of the Acts Fostering or Inducing Discrimination

Article 64 (Recommendation to stop the acts fostering or inducing discrimination)

When the Human Rights Commission finds that the acts defined in Article 43 are or have been committed, it may recommend the perpetrator, with the explanation of reasons, to stop the acts or not to commit the same or similar acts in the future.
The provisions of Article 60, paragraph 2 and Article 61 shall apply to the recommendations under paragraph 1, mutatis mutandis.

Article 65 (Application to the court for the prohibition of the acts fostering or inducing discrimination)

When the perpetrator who have committed the acts defined in Article 43 does not conform to the recommendations made by the Human Rights Commission under Article 64, paragraph 1, the Human Rights Commission may apply to the court for a decision ordering the perpetrator to stop the acts or not to commit the same or similar acts in the future, if it finds it necessary in order to prevent the unjustly discriminatory treatment concerned.
The provisions of Article 63, paragraph 7 shall apply to the application under paragraph 1.

Chapter 5 Special Provisions Concerning Special Human Rights Violations in the Fields of Labour and Mariners’ Labour

Section 1 General Provisions

Article 66 (Remedies for special human rights violations in the field of labour)

The Minister of Health, Welfare and Labour may take necessary measures in accordance with the provisions of Section 2 in response to the following types of human rights violations (hereafter referred to as “special human rights violations in the field of labour”).
1. Unjustly discriminatory treatment of an employee (except a mariner as defined in Article 6, paragraph 1 of the Employment Security for Mariners Law, referred to as “mariner” in Article 67, paragraph 1; the same applies in clause (b)) in labour matters, including recruitment of employees or working conditions, on the ground of race or other characteristics committed through the position of an employer, including unjust discriminatory treatment under the provisions of Article 8, paragraph 2 of the Law on Equal Opportunity and Treatment between Men and Women in Employment and dismissal on the grounds set out under Article 8, paragraph 3 of the same Law.
2. Unjustly discriminatory words and deeds, as defined in Article 42, paragraph 1 (b), directed against an employee at workplace.
(Non-application of the relevant provisions of other legislation; translation omitted)

Article 67 (Remedies for special human rights violations in the field of mariners’ labour)

The Minister of National Land and Transport may take necessary measures in accordance with the provisions of Section 2 in response to the following types of human rights violations (hereafter referred to as “special human rights violations in the field of mariners’ labour”).
1. Unjustly discriminatory treatment in mariners’ labour matters, including recruitment of mariners or working conditions, on the ground of race or other characteristics committed through the position of an employer, including unjust discriminatory treatment under the provisions of Article 8, paragraph 2 of the Law on Equal Opportunity and Treatment between Men and Women in Employment and dismissal on the grounds set out under Article 8, paragraph 3 of the same Law.
2. Unjustly discriminatory words and deeds, as defined in Article 42, paragraph 1 (b), directed against a mariner at workplace.
(Non-application of the relevant provisions of other legislation; translation omitted)

Article 68 (Report to the Human Rights Commission)

The Ministers of Health, Welfare and Labour and of National Land and Transport shall prepare an annual report on how they have dealt with cases of special human rights violations in the fields of labour and mariners’ labour respectively and forward it to the Human Rights Commission.

Section 2 Special Provisions Concerning Special Human Rights Violations in the Field of Labour

Articles 69-73

Translation of the provisions of Articles 69-73 has been omitted because of their technical and complex nature. In summary, they stipulate that the relevant procedural provisions for the Human Rights Commission shall apply to the measures taken by the Minister of Health, Welfare and Labour in response to special human rights violations in the field of labour, mutatis mutandis. Some of the powers of the Minister may be delegated to labour officials. Other necessary matters concerning special human rights violations in the field of labour shall be determined by ministerial decrees.

Section 3 Special Provisions Concerning Special Human Rights Violations in the Field of Mariners’ Labour

Articles 74-80

Translation of the provisions of Articles 74-80 has been omitted because of their technical and complex nature. In summary, they stipulate that the relevant procedural provisions for the Human Rights Commission shall apply to the measures taken by the Minister of National Land and Transport in response to special human rights violations in the field of mariners’ labour, mutatis mutandis. Some of the powers of the Minister may be delegated to officials of the Ministry. Other necessary matters concerning special human rights violations in the field of mariners’ labour shall be determined by ministerial decrees.

Section 4 Non-application

Article 81 (Non-application to cases involving civil servants)

The provisions of the present Chapter shall not apply to cases involving national and local civil servants. ….(Exceptions; translation omitted)

Chapter 6 Miscellaneous Provisions

Article 82 (Considerations to the relationship between human rights of persons)

In the application of the present Act, sufficient considerations shall be given to the relationship between human rights of a person who obtains remedies and those of others.

Article 83 (Collaboration with the relevant bodies and organizations)

In the administration of the preset Act, the Human Rights Commission as well as the Ministers of Health, Welfare and Labour and of National Land and Transport shall endeavour to have close collaboration with the relevant administrative bodies as well as relevant public and private organizations.

Article 84 (Prohibition of adverse treatment)

No one shall be given adverse treatment on the ground of his or her request or application under the provisions of the present Act.

Article 85 (Right to establish the regulations)

The Human Rights Commission may establish the Human Rights Commission Regulations covering its internal discipline, procedures for human rights remedies and other necessary matters in connection with its responsibilities.

Article 86 (Exception to the commanding powers of the Minister of Justice)

The provisions of Article 6 of the Act on the Powers of the Minister of Justice in the Legal Proceedings Affecting the State’s Interests shall not apply to the legal proceedings in which the Human Rights Commission is involved as a party or a participant.

Chapter 7 Penalties

Article87

Anyone who has revealed confidential information in contravention of Article 13, paragraph 1, shall be subjected to imprisonment with labour of not more than one year or a fine of not more than 500,000 yen.

Article 88

Anyone shall be subjected to a non-penal fine of not more than 300,000 yen, if:

He or she has not appear before the Human Rights Commission or made statements, without justified reasons, in contravention of the powers of the Human Rights Commission under Article 44, paragraph 1 (a), including in the case to which the provisions apply mutatis mutandis under Article 70 or 76;
He or she has not submitted the relevant materials or other goods, without justified reasons, in contravention of the powers of the Human Rights Commission under Article 44, paragraph 1 (b), including in the case to which the provisions apply mutatis mutandis under Article 70 or 76;
He or she has refused, hindered or avoided the entry and inspection of the Human Rights Commission, without justified reasons, in contravention of the powers of the Human Rights Commission under Article 44, paragraph 1 (c), including in the case to which the provisions apply mutatis mutandis under Article 70 or 76; or,
He or she has not appeared before the mediation committee, without justified reasons, in contravention of the powers of the mediation committee under Article 51, including in the case to which the provisions apply mutatis mutandis under Article 71, paragraph 2 or Article 77, paragraph 2.

Schedules

Translation omitted.

translated by Buraku Liberation and Human Rights Research Institute / Yuji HIRANO