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CONSTITUTIONAL LAW Japan Violence Against Women Sexual Harassment Kanazawa Sexual Harassment <strong>Case</strong> Roudouhanrei No. 707, pp. 37-49 Nagoya High Court, Kanazawa Branch 1 March 1997 <strong>Law</strong>s Considered Civil Code, Articles 44.1 and 709; Labour Standards <strong>Law</strong>, Chapter 2. This case deals with sexual harassment in employment and its place in Japanese law. An employer subjected a female employee to unwanted sexual attention in the workplace. The female employee argued that the unwanted sexual attention from her employer took advantage <strong>of</strong> his position <strong>of</strong> power. Further, such acts were illegal because they violated the petitioner’s dignity and right to sexual freedom. Decision The Court decided in favour <strong>of</strong> the female employee and held that the employer’s “acts <strong>of</strong> obscenity by compulsion” were illegal because they were beyond the socially permissible limit and therefore violated the petitioner’s dignity <strong>of</strong> personality, her sexual freedom and her right to sexual determination. Commentary This case is significant because it set a precedent in relation to sexual harassment. It was the first High Court case in Japan to recognise an action for sexual harassment as a distinct category. Previously, the only avenue for sexual harassment was in libel. This is positive for women’s rights because it recognised sexual harassment as a serious and specific problem that is worthy <strong>of</strong> the attention <strong>of</strong> the High Court. However, some have criticised the amount <strong>of</strong> compensation awarded on the basis that it is low in comparison to similar cases in other countries. 88
Violence Against Women Sexual Violence Al-Amin and 5 others (Appellants) v The State (Respondent) 51 DLR (1999) 154 Supreme Court 10 December 1998 Md Abdul Mannan, A. K. Badrul Huq JJ <strong>Law</strong>s Considered Code <strong>of</strong> Criminal Procedure (V <strong>of</strong> 1898), Sections 164, 236, 237; Cruelty to Women (Deterrrent Punishment) Ordinance 1983 Evidence Act (I <strong>of</strong> 1872), Sections 3, 9, 134, 156; Nari-O-Shishu Nirjatan (Bishesh Bidhan) Ain (XVII <strong>of</strong> 1995), Sections 6(3), 9(ka), (Ga), 20(2), 22, 23. This case deals with rape and the difficulties in proving a charge where the victim may be reluctant to report the crime and to testify against the accused and where her evidence is uncorroborated. The Court considered whether these factors should be taken into account when determining if a charge <strong>of</strong> rape had been proved. The principal victim (Victim A) was a female college student who, while walking through the college one morning with two males (Victim A1 and Nizam), was surrounded by the six appellants. Both Victim A1 and Nizam were beaten. Nizam was then freed after money was taken from him while Victim A1 was locked in a bathroom. Victim A was undressed and raped by five <strong>of</strong> the six appellants. After the rape, the appellants took a photograph <strong>of</strong> Victim A while she was naked. Victim A1 was also undressed and photographs were taken <strong>of</strong> him while he was naked. Approximately nine days after the incident, Victim A reported the matter to the police by filing a First Information Report. The Report did not mention the rape as the victim had not informed the police <strong>of</strong> this, rather she reported an act <strong>of</strong> “outraging the modesty”. The incident was subsequently investigated and the full extent <strong>of</strong> the crime was reported by witnesses. The appellants were charged with rape under Nari- 89 CONSTITUTIONAL LAW Bangladesh
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Acknowledgements APWLD would like t
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Contents ARTICLE 16(f): MARRIAGE AN
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Contents MARRIAGE AND FAMILY LIFE -
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Introduction regional groups - an i
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Part I CEDAW Cases
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Imelda Romualdez-Marcos v Commissio
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Imelda Romualdez-Marcos v Commissio
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Article 9 Nationality and Citizensh
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Sayeeda Rahman Malkani and others v
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Mr Benjamin Peter, Mrs Mina Kumari
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Nurhatina Hasibuan v Pt. Indonesia
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Article 11 Employment Teikoku Zouki
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Article 16.1(a) Marriage and Family
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to clarify paternity suggested by t
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Humaira Mehmood v The State and oth
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Humaira Mehmood v The State and oth
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Ms Githa Hariharan and another v Re
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Article 16.1(f) Marriage and Family
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Surya Prakash v Shirley Reshmi Nara
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Madhu Kishwar and others v State <s
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Madhu Kishwar and others v State <s
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Article 16.1(h) Marriage and Family
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Page 53 and 54: Article 16.1(h) Marriage and Family
Page 55 and 56: Meera Kumari and Mira Khanal v His
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Page 61 and 62: A safe working environment is funda
Page 63 and 64: General Recommendation 19 Violence
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Page 67 and 68: with the complainant. He also state
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Page 74 and 75: Public Prosecutor v Walter Kota and
Page 76 and 77: CONSTITUTIONAL LAW Nepal Nationalit
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Page 80 and 81: Iwate Bank Case (J
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Page 88 and 89: CONSTITUTIONAL LAW Bangladesh Marri
Page 90 and 91: CONSTITUTIONAL LAW Pacific Islands:
Page 92 and 93: Patricia Molu v Cidie Molu (Pacific
Page 94 and 95: Prakash Mani Sharma v His Majesty
Page 96 and 97: John Noel (as representative <stron
Page 98 and 99: John Noel (as representative <stron
Page 100 and 101: Hee Jung Woo v Jung Hue Shin, Jong
Page 104 and 105: Al-Amin and 5 others v The State (B
Page 106 and 107: Al-Amin and 5 others v The State (B
Page 109 and 110: A Article APWLD Asia Pacific Forum
Page 111 and 112: 95 Glossary In criminal proceedings
Page 113 and 114: 97 Glossary television or film (or
Page 115 and 116: countries. Sharia is a religious co
Page 117 and 118: Bangladesh CEDAW Country Ratificati
Page 119 and 120: Government is discriminatory. Some
Page 121 and 122: CEDAW Country Ratification Report:
Page 127 and 128: of the Republic an
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Page 131 and 132: COUNTRY CEDAW CEDAW-Op Polynesia 1.
Page 133 and 134: FAMILY LAW 1. Marriage and custom C
Page 135 and 136: • A.26 - equality under and befor
Page 137 and 138: UDHR • A.7 - equality before and
Page 139 and 140: Notes
Page 142: Notes Asia Pacific Forum on Women,
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