Japan’s justice system heavily relies on imprisonment as a primary form of punishment, with few alternatives available. Imprisoned women, including mothers of young children, face violations of their human rights and are often separated from their babies at birth. The system also fails to adequately address the needs of older women and those with substance use disorders. Human Rights Watch recommends the adoption of alternative sentencing methods and decriminalization of drug possession, as well as improvements in prison conditions and oversight. Human Rights Watch reported
The justice system in Japan heavily relies on imprisonment as the primary form of punishment for criminal offenses, with limited alternatives available. Typically, individuals found guilty of crimes are only considered for alternatives to imprisonment, such as fines or suspended sentences, in certain circumstances. Unfortunately, this approach often leads to human rights violations during imprisonment and disproportionately affects mothers with young children.
Human Rights Watch conducted extensive research on the imprisonment and treatment of women in Japan. They interviewed 58 formerly imprisoned women, one currently imprisoned woman, and 11 legal experts and penal reform professionals. The study revealed that Japan’s legal framework does allow for the suspension of prison sentences based on factors like age, health, and family situation, but prosecutors rarely invoke this law. Shockingly, over the past five years, only 11 imprisoned women had their sentences suspended.
Once incarcerated, many women face various abuses within the prison system. These abuses are often a result of the prisons’ lack of resources and failure to address the specific needs and rights of imprisoned women. For example, the Act on Penal Detention Facilities and Treatment of Inmates and Detainees permits imprisoned women to request to be with their babies under the age of one inside the prison. However, Ministry of Justice data reveals that out of 184 women who gave birth while imprisoned between 2011 and 2017, only three were allowed to be with their babies behind bars. This separation at birth can be traumatic and harm both the mother and infant, impairing breastfeeding and parent-child bonding.
Furthermore, the number of older women being imprisoned has significantly increased in recent decades. Studies indicate that social isolation and loneliness, often experienced by older women in Japanese society, contribute to repeated non-violent offenses like shoplifting. The specific care and support needs of older imprisoned women, including reintegration into their communities, are frequently overlooked by Japan’s prisons.
Another significant cause of female imprisonment in Japan is drug-related offenses, particularly possession. Many women imprisoned for simple drug possession or use have substance use disorders and often have a history of childhood abuse and domestic violence. While women’s prisons offer rehabilitation programs for substance use disorders, these programs are generally ineffective at reducing recidivism among female offenders. Moreover, imprisoning women for minor drug offenses can exacerbate their preexisting trauma and contribute to a cycle of reoffending.
In addition to the aforementioned issues, other abuses within women’s prisons include mistreatment of transgender inmates, prolonged solitary confinement, verbal abuse by guards, inadequate access to healthcare and mental health services, strict communication restrictions, and a lack of independent oversight of prison conditions.
Human Rights Watch recommends urgent measures to reduce the number of imprisoned women in Japan. These measures include implementing alternative sentencing methods outlined in the Tokyo Rules, such as community service, and decriminalizing the personal possession and use of drugs. Imprisonment should only be used as a last resort. For those who are incarcerated, the Ministry of Justice must ensure that all penal institutions adhere to international standards, such as the United Nations Standard Minimum Rules for the Treatment of Prisoners and the Bangkok Rules.
Furthermore, Human Rights Watch calls on the National Diet to revise Article 9 of the penal code to introduce non-imprisonment punishments, such as verbal reprimands or community service orders. They also advocate for the decriminalization of personal drug possession and use and increased access to alternatives to imprisonment for older individuals, pregnant women, mothers, and those with disabilities or serious medical conditions.
The research for this report was conducted between January 2017 and January 2023, with a pause in in-person research due to the Covid-19 pandemic. Human Rights Watch interviewed a total of 59 women, including both formerly imprisoned and currently imprisoned individuals, as well as legal and justice reform experts. The interviews were conducted in Japanese, and pseudonyms were used to protect the privacy of the interviewees. Human Rights Watch requested responses from Japan’s Ministry of Justice and received a reply in August 2023, which is included in the report.
As of 2021, there are 178 penal institutions in Japan, overseen by the Ministry of Justice, including 11 women’s prisons. The number of imprisoned women has decreased from a peak of 5,345 in 2011 to 3,913 in 2021. However, women now constitute a higher percentage of the prison population, accounting for 10.3 percent of new admissions in 2021, compared to just 4.8 percent in 1996..