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It is necessary to examine, on a case-by-case basis, if an in-family intercountry adoption is in the best interest of the child.” The Implementation and Operation of the 1993 Hague Intercountry Adoption Convention: Guide to Good Practice No 1, Hague Conference on Private International Law, 2008, section 8.6.4 (bracketed references omitted). | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722000949589.pdf | https://www.lac.org.na/projects/grap/Pdf/17-Adoption.pdf | Namibia |
Adoptions will be allowed outside the framework of the Hague Convention, where the adoptive parent is habitually resident in a country that is not a party to the Hague Convention, ONLY in certain special circumstances: (1) adoption by family members of the child (2) adoption by a person with a pre-existing relationship with the child (3) where the child has some special need which can only be catered for in the country of habitual residence of the prospective adoptive parent (such as an unusual medical issue or learning disability). | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722000949589.pdf | https://www.lac.org.na/projects/grap/Pdf/17-Adoption.pdf | Namibia |
However, even in these rare circumstances, safeguards will apply: I The prospective adoptive parent must have been assessed for eligibility to adopt.
I The adoption must be recognised in the country of habitual residence of the adoptive parent. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722000949589.pdf | https://www.lac.org.na/projects/grap/Pdf/17-Adoption.pdf | Namibia |
I It must be clear that the child would be allowed to enter and remain permanently in the adoptive parent’s country of habitual residence I The standards applied to the adoption must accord with those in the Hague Convention, even though the Convention is not directly applicable. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722000949589.pdf | https://www.lac.org.na/projects/grap/Pdf/17-Adoption.pdf | Namibia |
Such an adoption must proceed, as far as possible, in the same manner as an inter-country adoption covered by the Hague Convention, through direct liaison with the relevant authority dealing with adoption in the adoptive parent’s country of habitual residence.
It must be remembered that abuses can and do take place in adoptions by family members. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722000949589.pdf | https://www.lac.org.na/projects/grap/Pdf/17-Adoption.pdf | Namibia |
Child Care and Protection Act, section 195(2) Child Care and Protection Regulations, regulation 85(2) Guide to Namibia’s Child Care and Protection Act 3 of 2015 I Chapter 17: Adoption I 57 4.6 No circumvention of inter-country adoption The Child Care and Protection Act closed a loophole which has been exploited in South Africa to circumvent inter-country adoption. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722000949589.pdf | https://www.lac.org.na/projects/grap/Pdf/17-Adoption.pdf | Namibia |
A person who is not habitually resident in Namibia may not avoid the safeguards applicable to inter-country adoption by becoming a child’s legal custodian or guardian (by means of a court order or in any other way) with a view to removing the child from Namibia in order to complete the adoption process elsewhere.
In such a case, the child may not be removed from Namibia until an inter-country adoption has been concluded. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722000949589.pdf | https://www.lac.org.na/projects/grap/Pdf/17-Adoption.pdf | Namibia |
Violation of this rule is a crime punishable by a fine of up to N$50 000 or imprisonment for up to ten years or both.
If application is made to the High Court for custody or guardianship of a child who is habitually resident in Namibia by a person who is not habitually resident in Namibia, the High Court must refer the case to an appropriate children’s court for treatment as an inter-country adoption. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722000949589.pdf | https://www.lac.org.na/projects/grap/Pdf/17-Adoption.pdf | Namibia |
Child Care and Protection Act, section 198 AD & Another v DW & Others (Centre for Child Law as Amicus Curiae) 2007 (5) SA 184 (SCA), partly confirmed and partly reversed on appeal in AD & Another v DW & Others (Centre for Child Law as Amicus Curiae; Department for Social Development as Intervening Party) 2008 (3) SA 183 (CC) The right to arrange inter-country adoptions only with selected countries “Is a country of origin obliged to make intercountry adoption arrangements with all receiving countries which are Parties to the Convention? | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722000949589.pdf | https://www.lac.org.na/projects/grap/Pdf/17-Adoption.pdf | Namibia |
450.
The fundamental point is that a State’s obligations under the Convention should be viewed in the light of the principle of the child’s best interests.
The Convention does not oblige a State to engage in any intercountry adoption arrangements where these are not seen to be in the best interests of the individual child.
Considerations of children’s best interests may lead to a preference by a country of origin for placements in particular receiving countries. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722000949589.pdf | https://www.lac.org.na/projects/grap/Pdf/17-Adoption.pdf | Namibia |
Moreover, limited capacity and scarce resources in the country of origin may also be a good reason for limiting the number of countries, or accredited bodies, with which a country of origin can realistically enter into effective, well-managed and properly supervised co-operative arrangements. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722000949589.pdf | https://www.lac.org.na/projects/grap/Pdf/17-Adoption.pdf | Namibia |
Indeed, attempting to deal with too many receiving countries, or too many accredited bodies, may constitute bad practice if its effect is to dilute to an unsatisfactory level the control which a country of origin must necessarily exercise over the intercountry adoption process.
451.
At the same time, the more general obligation of co-operation under the Convention does require that Contracting States generally should deal with each other in an open and responsive manner. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722000949589.pdf | https://www.lac.org.na/projects/grap/Pdf/17-Adoption.pdf | Namibia |
This includes countries of origin being ready to explain when and why certain policies may have to be maintained. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722000949589.pdf | https://www.lac.org.na/projects/grap/Pdf/17-Adoption.pdf | Namibia |
Equally, receiving countries should be sensitive to the difficulties that countries of origin may have in developing a well-managed system of alternative child care when they are subjected to excessive pressures from receiving countries.” The Implementation and Operation of the 1993 Hague Intercountry Adoption Convention: Guide to Good Practice No 1, Hague Conference on Private International Law, 2008, section 8.6.4 (bracketed references omitted). | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722000949589.pdf | https://www.lac.org.na/projects/grap/Pdf/17-Adoption.pdf | Namibia |
58 I Guide to Namibia’s Child Care and Protection Act 3 of 2015 I Chapter 17: Adoption UNICEF Statement on Inter-Country Adoption, 2015 Since the 1960s, there has been an increase in the number of intercountry adoptions.
Concurrent with this trend, there have been growing international efforts to ensure that adoptions are carried out in a transparent, non-exploitative, legal manner to the benefit of the children and families concerned. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722000949589.pdf | https://www.lac.org.na/projects/grap/Pdf/17-Adoption.pdf | Namibia |
In some cases, however, adoptions have not been carried out in ways that served the best interest of the children – when the requirements and procedures in place were insufficient to prevent unethical practices, such the sale and abduction of children, coercion or manipulation of birth parents, falsification of documents and bribery. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722000949589.pdf | https://www.lac.org.na/projects/grap/Pdf/17-Adoption.pdf | Namibia |
The Convention on the Rights of the Child, which guides UNICEF’s work, clearly states that every child has the right to grow up in a family environment, to know and be cared for by her or his own family, whenever possible.
Recognising this, and the value and importance of families in children’s lives, families needing assistance to care for their children have a right to receive it. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722000949589.pdf | https://www.lac.org.na/projects/grap/Pdf/17-Adoption.pdf | Namibia |
When, despite this assistance, a child’s family is unavailable, unable or unwilling to care for her/him, then appropriate and stable family-based solutions should be sought to enable the child to grow up in a loving, caring and supportive environment.
Intercountry adoption is among the range of stable care options.
For individual children who cannot be cared for in a family setting in their country of origin, intercountry adoption may be the best permanent solution. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722000949589.pdf | https://www.lac.org.na/projects/grap/Pdf/17-Adoption.pdf | Namibia |
UNICEF supports intercountry adoption, when pursued in conformity with the standards and principles of the 1993 Hague Convention on Protection of Children and Co-operation in Respect of intercountry Adoptions – currently ratified by 95 countries.
This Convention is an important development for children, birth families and prospective foreign adopters.
It sets out obligations for the authorities of countries from which children leave for adoption, and those that are receiving these children. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722000949589.pdf | https://www.lac.org.na/projects/grap/Pdf/17-Adoption.pdf | Namibia |
The Convention is designed to ensure ethical and transparent processes.
This international legislation gives paramount consideration to the best interests of the child and provides the framework for the practical application of the principles regarding inter-country adoption contained in the Convention on the Rights of the Child. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722000949589.pdf | https://www.lac.org.na/projects/grap/Pdf/17-Adoption.pdf | Namibia |
These include ensuring that adoptions are authorised only by competent authorities, guided by informed consent of all concerned, that intercountry adoption enjoys the same safeguards and standards which apply in national adoptions, and that intercountry adoption does not result in improper financial gain for those involved in it. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722000949589.pdf | https://www.lac.org.na/projects/grap/Pdf/17-Adoption.pdf | Namibia |
These provisions are meant first and foremost to protect children, but also have the positive effect of safeguarding the rights of their birth parents and providing assurance to prospective adoptive parents that their child has not been the subject of illegal practices.
The case of children separated from their families and communities during war or natural disasters merits special mention. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722000949589.pdf | https://www.lac.org.na/projects/grap/Pdf/17-Adoption.pdf | Namibia |
Family tracing should be the first priority and intercountry adoption should only be envisaged for a child once these tracing efforts have proved fruitless, and stable in-country solutions are not available.
This position is shared by UNICEF, UNHCR, the UN Committee on the Rights of the Child, the Hague Conference on Private International Law, the International Committee of the Red Cross, and international NGOs such as the Save the Children Alliance and International Social Service. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722000949589.pdf | https://www.lac.org.na/projects/grap/Pdf/17-Adoption.pdf | Namibia |
UNICEF offices around the world support the strengthening of child protection systems.
We work with governments, UN partners and civil society to protect vulnerable families, to ensure that robust legal and policy frameworks are in place and to build capacity of the social welfare, justice and law enforcement sectors.
Most importantly, UNICEF focuses on preventing the underlying causes of child abuse, exploitation and violence. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722000949589.pdf | https://www.lac.org.na/projects/grap/Pdf/17-Adoption.pdf | Namibia |
“Intercountry adoption”, UNICEF website: <www.unicef.org/media/intercountry-adoption>, 26 June 2015 Guide to Namibia’s Child Care and Protection Act 3 of 2015 I Chapter 17: Adoption I 59 5.
Crimes People who are desperate to adopt children are often willing to pay huge amounts of money to birth parents or to social workers who arrange adoptions.
This can take place in respect of both domestic and inter-country adoptions.
But chil dren should not be for sale. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722000949589.pdf | https://www.lac.org.na/projects/grap/Pdf/17-Adoption.pdf | Namibia |
But chil dren should not be for sale.
There are a num ber of crimes aimed at preventing improper practices in respect of adoptions.
Unauthorised facilitation of adoption: It is a crime for anyone to provide adoption services or facilitate an adoption without being properly authorised to do so.
The penalty for these crimes is a fine of up to N$20 000, or imprisonment up to five years, or both. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722000949589.pdf | https://www.lac.org.na/projects/grap/Pdf/17-Adoption.pdf | Namibia |
Child Care and Protection Act, section 185(1) and (6) Payments in connection with adoption: It is a crime to give or receive cash or any other form of compensation in connection with the adoption of a child, except for a small list of permitted payments.
It is also a crime to use any means to induce another person to give up a child for adoption.
The penalty for these crimes is a fine of up to N$20 000, or imprisonment up to five years, or both. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722000949589.pdf | https://www.lac.org.na/projects/grap/Pdf/17-Adoption.pdf | Namibia |
Child Care and Protection Act, section 185(2)-(3) and (6) Permitted payments (1) Where a biological parent intends to give up a baby for adoption by a specific adoptive parent, the prospective adoptive parent may pay certain expenses incurred by the child’s birth parent: I accommodation immediately before or after the child’s birth, where the birth mother does not live in reasonably close proximity to a suitable or preferred health facility I any pregnancy- and birth-related costs incurred at a public or private health care facility I travelling to and from a health facility I food, water and vitamin supplements during pregnancy I pre-natal courses to prepare for birth I professional counselling services. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722000949589.pdf | https://www.lac.org.na/projects/grap/Pdf/17-Adoption.pdf | Namibia |
These payments may NOT be made directly to the birth parent.
They MUST be arranged through a designated social worker OR paid directly to the medical institution or other service provider in question.
(2) Payment of prescribed fees to a legal practitioner, psychologist or other professional person for services provided in connection with an adoption.
(3) Payments made by or to an organ of state in connection with an adoption. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722000949589.pdf | https://www.lac.org.na/projects/grap/Pdf/17-Adoption.pdf | Namibia |
Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption Article 32 (1) No one shall derive improper financial or other gain from an activity related to an inter-country adoption.
(2) Only costs and expenses, including reasonable professional fees of per sons involved in the adoption, may be charged or paid. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722000949589.pdf | https://www.lac.org.na/projects/grap/Pdf/17-Adoption.pdf | Namibia |
(3) The directors, administrators and employees of bodies involved in an adoption shall not receive remuner ation which is unreasonably high in relation to services rendered.
60 I Guide to Namibia’s Child Care and Protection Act 3 of 2015 I Chapter 17: Adoption Any permitted expenses are NOT refundable if the adoption fails to take place due to the death of the child or for any other good faith reason.
Requiring re-payment could place unfair hardship on the birth parent. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722000949589.pdf | https://www.lac.org.na/projects/grap/Pdf/17-Adoption.pdf | Namibia |
Child Care and Protection Act, section 185(2)-(6) Child Care and Protection Regulations, regulation 73 Advertisements about adoptions: Advertisements about adoptions are also strictly regulated.
Only general announce ments, such as information about the need for adoptive parents, are allowed.
It is a crime to arrange or to publish by any means an advertisement dealing with the placement or adoption of a specific child or soliciting anyone to be a surrogate mother. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722000949589.pdf | https://www.lac.org.na/projects/grap/Pdf/17-Adoption.pdf | Namibia |
The penalty for these crimes is a fine of up to N$20 000, or imprisonment up to five years, or both.
Child Care and Protection Act, section 186(1)-(3) Country reports and Committee observations highlight the widespread concern about the trafficking of children for adoption.
While payments by adoptive couples may be made in good faith and without harm to the child, a system that puts a price on a child’s head is likely to encourage criminality, corruption and exploitation. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722000949589.pdf | https://www.lac.org.na/projects/grap/Pdf/17-Adoption.pdf | Namibia |
Article 35 of the Convention on the Rights of the Child requires States Parties to take measures to prevent the sale of children for any purpose...
The Optional Protocol on the sale of children, child prostitution and child pornography… obliges States Parties to criminalize any improper financial gain from the adoption of a child as an extraditable offence… The Committee’s concerns in this area are primarily because of the danger of children being trafficked. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722000949589.pdf | https://www.lac.org.na/projects/grap/Pdf/17-Adoption.pdf | Namibia |
However, it has also signalled its disapproval of any form of profiteering from inter-country adoption. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722000949589.pdf | https://www.lac.org.na/projects/grap/Pdf/17-Adoption.pdf | Namibia |
Implementation Handbook for the Convention on the Rights of the Child, UNICEF, 3rd edition, 2007, page 299 (emphasis added) Permitted advertisements (1) Publication of a court order or a notice in terms of the Act (2) Advertisements by the Ministry for purposes of recruiting prospective adoptive parents for inclusion in RACAP (3) Advertisements by a social worker authorised to provide adoption services for the purpose of recruiting prospective adoptive parents, placed in a newspaper widely circulating in Namibia – as long as such advertisements are not placed more than once every four months. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722000949589.pdf | https://www.lac.org.na/projects/grap/Pdf/17-Adoption.pdf | Namibia |
Child Care and Protection Act, section 186(2) Child Care and Protection Regulations, regulation 74 I heard that it is illegal to pay the birth mother for giving her child up for adoption, so I am going to give her an expensive diamond ring.
That is also illegal.
It is against the law to provide any form of compensation or inducement to the birth mother to get her to give up her baby.
That kind of thing could lead to “baby-farming”, where people conceive children to be adopted as a way to earn money. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722000949589.pdf | https://www.lac.org.na/projects/grap/Pdf/17-Adoption.pdf | Namibia |
We do not want to encourage such a thing in Namibia! | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722000949589.pdf | https://www.lac.org.na/projects/grap/Pdf/17-Adoption.pdf | Namibia |
38 Ⅱ Measures for Gender Equality Ⅲ Measures for Gender Equality 13.
Efforts Toward Eliminating All Forms of Violence Against Women Violence against women is a serious violation of human rights.
Promoting initiatives for its prevention and redress to eradicate violence is a very important issue in creating a gender-equal society. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_1/1721910719754.pdf | https://www.gender.go.jp/english_contents/pr_act/pub/pamphlet/women-and-men20/pdf/3-13.pdf | Japan |
■Promoting Main Measures ●Creating a foundation for preventing and eradicating violence against women ➢ Education and awareness-raising for developing a social environment where violence against women is absolutely not tolerated.
➢ Implementing sufficient, seamless and effective support in consideration with forms of violence and types of victims.
➢ Conducting a study on a data collection toward the precise understanding of the situation of violence against women. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_1/1721910719754.pdf | https://www.gender.go.jp/english_contents/pr_act/pub/pamphlet/women-and-men20/pdf/3-13.pdf | Japan |
Campaign to Eliminate Violence Against Women ・The Campaign to Eliminate Violence Against Women is held for two weeks from November 12 to November 25 (International Day for the Elimination of Violence Against Women).
・The Purple Ribbon is used as the campaign’s symbol, and during the campaign people are encouraged to wear this ribbon.
Tokyo Skytree and other buildings are also lit up with purple lights. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_1/1721910719754.pdf | https://www.gender.go.jp/english_contents/pr_act/pub/pamphlet/women-and-men20/pdf/3-13.pdf | Japan |
・In 2019, a “W Ribbon(Purple and Orange Ribbon)” badge was created that combines the purple ribbon symbolizing the elimination of domestic and other types of violence against women with the orange ribbon symbolizing measures against child abuse in an effort to deepen public understanding of the special, interrelated characteristics of domestic violence and child abuse. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_1/1721910719754.pdf | https://www.gender.go.jp/english_contents/pr_act/pub/pamphlet/women-and-men20/pdf/3-13.pdf | Japan |
●Spousal Violence and Support for Victims ➢ The Act on the Prevention of Spousal Violence and the Protection of Victims was established in 2001, and has been subsequently revised five times, in 2004, 2007, 2013, 2014 and 2019.
In the revision of 2013, the title of the act was changed to: The Act on the Prevention of Spousal Violence and the Protection of Victims, etc. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_1/1721910719754.pdf | https://www.gender.go.jp/english_contents/pr_act/pub/pamphlet/women-and-men20/pdf/3-13.pdf | Japan |
➢ The act includes provisions establishing Spousal Violence Counseling and Support Centers, which provide consultation services for victims, counseling, temporary protection, information to help victims become self- reliant, and other services, as well as protection orders, which are issued to perpetrators by the court upon a petition from the victim. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_1/1721910719754.pdf | https://www.gender.go.jp/english_contents/pr_act/pub/pamphlet/women-and-men20/pdf/3-13.pdf | Japan |
➢ A domestic violence consultation service has been established to provide information on support organizations, via a single telephone number that can be used nationwide, to people who don’t know who to consult with in connection with spousal violence. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_1/1721910719754.pdf | https://www.gender.go.jp/english_contents/pr_act/pub/pamphlet/women-and-men20/pdf/3-13.pdf | Japan |
‘Purple Light-up’ Symbol mark for Eliminating Violence against Women ‘Purple Ribbon’ ‘W Ribbon’ (Purple and Orange Ribbon) 39 Ⅲ Measures for Gender Equality ●Stalking Cases ➢ The Anti-Stalking Act was revised in December 2016; it now restricts the act of continuously sending SNS messages, reviews the procedure for administrative measures, toughens penalties, etc. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_1/1721910719754.pdf | https://www.gender.go.jp/english_contents/pr_act/pub/pamphlet/women-and-men20/pdf/3-13.pdf | Japan |
➢ Based on the Comprehensive Anti-Stalking Policy (established March 2015; revised April 24, 2017), enhancements are being made to the system for receiving consultations from victims, etc., and activities such as research surveys, publicity and awareness-raising initiatives are being promoted.
➢ The Japan Legal Support Center (Houterasu) provides legal consultations to prevent damage for victims of spousal violence or stalking, etc. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_1/1721910719754.pdf | https://www.gender.go.jp/english_contents/pr_act/pub/pamphlet/women-and-men20/pdf/3-13.pdf | Japan |
【Period: 6 months】 This forbids the perpetrator from being around the vic m, or from going near to their place of residence or work.
【Period: 6 months】 To ensure the effec veness of the stay-away order for the vic m, the perpetrator is forbidden from making any phone calls or E-mails to the vic m. If a declara on is made to a court, a protec on order will be issued against the perpetrator. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_1/1721910719754.pdf | https://www.gender.go.jp/english_contents/pr_act/pub/pamphlet/women-and-men20/pdf/3-13.pdf | Japan |
※This only applies in instances where further violence poses a serious threat to life or there is a danger of serious physical violence.
Also possible to make allega ons in the case of a common-law marriage, and allega ons against former spouses, as well as in mate partners who share a principal residence and former in mate partners who used to share a primary residence.
If the order is violated, the perpetrator faces a custodial sentence of less than one year or a fine below 1 million yen. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_1/1721910719754.pdf | https://www.gender.go.jp/english_contents/pr_act/pub/pamphlet/women-and-men20/pdf/3-13.pdf | Japan |
Order to vacate Order prohibiting phone calls or other behavior to the victim Order Prohibiting Approach to the victims Order Prohibiting Approach to the victim’s relatives or children 【Period: 6 months】 To ensure the effec veness of the stay-away order for the vic m, perpetrators are forbidden from approaching the vic m’s rela ve or children, or going near to their children or rela ve’s residences or place of work. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_1/1721910719754.pdf | https://www.gender.go.jp/english_contents/pr_act/pub/pamphlet/women-and-men20/pdf/3-13.pdf | Japan |
【Period: 2 months】 Orders that that perpetrator leaves the residence where he/she shares with the vic m. Protection Orders Definition of the Act on the Prevention of Spousal Violence and the Protection of Victims Regardless of gender.
Includes common-law marriage and former spouses.
※In cases where the perpetra on of violence began before a divorce, and con nued a er the divorce. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_1/1721910719754.pdf | https://www.gender.go.jp/english_contents/pr_act/pub/pamphlet/women-and-men20/pdf/3-13.pdf | Japan |
※Also applies to the partners who share the residence as a base for living together with the vic ms, or former partners who share the residence as a base for living together with the vic ms. Includes not only bodily harm but also psychological abuse and sexual assault.
※ Protec on orders are only applicable to bodily harm or life threa ng in mida on, etc. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_1/1721910719754.pdf | https://www.gender.go.jp/english_contents/pr_act/pub/pamphlet/women-and-men20/pdf/3-13.pdf | Japan |
Spouse Violence 40 Ⅱ Measures for Gender Equality Ⅲ Measures for Gender Equality ●Sex Offenses・Gender Based Violence ➢ In 2017, provisions of the Penal Code related to sexual crimes were partially revised. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_1/1721910719754.pdf | https://www.gender.go.jp/english_contents/pr_act/pub/pamphlet/women-and-men20/pdf/3-13.pdf | Japan |
The revisions primarily consisted of 1) revising the constitutive elements of rape under the law and strengthening statutory penalties, 2) stipulating criminal indecency and criminal intercourse by a custodian as new criminal categories, 3) revising the constitutive elements of rape during a robbery, and 4) making rape, etc.
crimes that do not require a complaint from the victim to prosecute. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_1/1721910719754.pdf | https://www.gender.go.jp/english_contents/pr_act/pub/pamphlet/women-and-men20/pdf/3-13.pdf | Japan |
➢ The One-stop support centers for victims of sexual crimes and sexual violence were established in all prefectures in October 2018 to provide victims of sex crimes and sexual violence with medical and psychological support, etc.
immediately after being victimized at one location as much as possible.
●Sexual Violence Against Children ➢ The Act on Regulation and Punishment of Acts Relating to Child Prostitution and Child Pornography, and the Protection of Children was partially revised in June 2014. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_1/1721910719754.pdf | https://www.gender.go.jp/english_contents/pr_act/pub/pamphlet/women-and-men20/pdf/3-13.pdf | Japan |
The act of possessing or retaining child pornography or electronic or magnetic records of these for the purpose of satisfying one’s own sexual curiosity, etc.
has become subject to punishment.
➢ “Actions for proceeding measures on the Issues of so-called forced appearances in pornographic materials and ‘JK Business’” were established in May 2017. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_1/1721910719754.pdf | https://www.gender.go.jp/english_contents/pr_act/pub/pamphlet/women-and-men20/pdf/3-13.pdf | Japan |
Based on these actions, the government is working to further grasp the situation, strengthen crackdown, etc., strengthen education and awareness-raising, enhance consultation systems, and strengthen initiatives for protection and self-reliance support.
●Human Trafficking ➢ The government revised its Action Plan to Combat Trafficking in Persons in December 2014 to make further efforts against TIP. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_1/1721910719754.pdf | https://www.gender.go.jp/english_contents/pr_act/pub/pamphlet/women-and-men20/pdf/3-13.pdf | Japan |
The Penal Code, relevant laws and regulations have been strictly applied against perpetrators in order to prevent and eradicate TIP and protect victims, and efforts have been made to realize appropriate regulations and penalties.
➢ To further improve protection of victims, the government has been collaborating with the governments in other countries, international organizations and NGOs. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_1/1721910719754.pdf | https://www.gender.go.jp/english_contents/pr_act/pub/pamphlet/women-and-men20/pdf/3-13.pdf | Japan |
●Sexual Harassment ➢ The Equal Opportunity Employment Act makes it mandatory for employers to take measures to prevent sexual harassment at the workplace.
Relevant laws were revised in March 2016 to make it mandatory for employers to take measures to prevent harassment at the workplace with respect to pregnancy, childbirth, and childcare leave, etc. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_1/1721910719754.pdf | https://www.gender.go.jp/english_contents/pr_act/pub/pamphlet/women-and-men20/pdf/3-13.pdf | Japan |
(enforced January 1, 2017) ➢ The revised law of May 2019 (to be enforced on June 2020) strengthened sexual harassment countermeasures through the inclusion of such provisions as prohibiting employers owners from inflicting disadvantages on workers who seek counseling.
➢ Promoting of preventative measures in all sectors including employment, education, research, medical care, sports by providing a framework for consultation. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_1/1721910719754.pdf | https://www.gender.go.jp/english_contents/pr_act/pub/pamphlet/women-and-men20/pdf/3-13.pdf | Japan |
➢ “Strengthening Sexual Harassment Measures: Emergency Measures Based on a Case Occurring between the Media and Government” was established in June 2018. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_1/1721910719754.pdf | https://www.gender.go.jp/english_contents/pr_act/pub/pamphlet/women-and-men20/pdf/3-13.pdf | Japan |