Remedy Procedures

The advantages of the Human Rights Remedy System

• The human rights bodies of the Ministry of Justice will take remedy procedure based on a fair and neutral standpoint as a governmental organization.
• Privacy and confidentiality will be strictly kept.

1. 1
   Convenient

   Process free of charge

   No need to appoint an attorney etc.

   No need to take complicated procedures such as making documents

2. 2
   Prompt

   Remedy procedure will be initiated promptly（※）

   Resolution wii be sought in the short term

   ※The procedure might not proceed in certain cases, depending on the circumstances.

3. 3
   Flexible

   Appropriate advice will be given after carefully listening to yourcircumstances

   Best solution sought through necessary investigation on a case basis

   Subsequent measures taken after the remedy procedure is completed, if necessary

Flow process of the Remedy Procedures

1. 1
   Making an allegation of human rights violation / Counseling

   An official of the Legal Affairs Bureau or the District Legal Affairs Bureau, or a Human Rights Volunteer will hear the details of an issue or a violation.

   Counseling is provided face-to-face, as well as by phone or the Internet.

2. 2
   Investigation

   The human rights bodies of the Ministry of Justice will conduct an investigation if necessary.

   *The investigation will be conducted non-coercively with unforced cooperation from the concerned persons.

3. 3
   Remedy measures

   The human rights bodies of the Ministry of Justice decides whether a human rights violation is found from the investigation result and will take an appropriate measure depending on the case.

   *The remedy measure is not compulsory but aims to encourage voluntary improvement of issues with the understanding of concerned persons.

   *There is a possibility that the human rights bodies will not find any facts of human rights violation.

4. 4
   Notification of the result / subsequent measures

   Inform the consulter about the result of the investigation and the measures taken.

   Take subsequent measures after the remedy procedure is completed, if necessary

List of Remedy Measures

Assistance:

Introduce relevant organizations, Give legal advice, etc.

Conciliation:

Conciliate between the parties concerned

Instruction/Recommendation:

Instruct or recommend a person who committed a human rights violation to improve the situation

Request:

Request a person who is able to take effective action to take the necessary measure

Notification:

Provide relevant administrative organizations with information and request them to take action

Criminal referral:

File an accusation under the Code of Criminal Procedure

Awareness-raising:

Raise awareness of persons or a community involved in a case in order to deepen understanding of respect for human rights.

Situation of “human rights violation cases”(outline)(Japanese)

For more information

Example Cases

1. Case 1
   (Result: Conciliation)

   This case was triggered by a counseling of a girl who was bullied in an elementary school. Legal Affairs Bureau encouraged the school to take effective measures to prevent bullying and set up a meeting between the girl’s parents and the school. Moreover, a human rights volunteer held a human rights lecture at the school in order to make children understand the importance of caring for others.

2. Case 2
   (Result: Instruction)

   This case was also triggered by counseling when a foreign national reported that he was refused a haircut at a barbershop because of his nationality. The human rights bodies of the Ministry of justice questioned the manager of the barbershop about the issue and instructed him not to discriminate against a person unjustifiably.

3. Case 3
   (Assistance)

   This is a case in which a woman left her home with her child due to domestic violence from her husband, with only their clothes as their belongings and asked the human rights counseling center for help. Legal Affairs Bureau immediately assisted to have her go to an emergency hospital and report the incident to the police, and secure accommodation. Human rights volunteer also assisted in having her set up her living infrastructure by attending her to the municipal office to apply for social welfare and municipal-provided housing.