In addition to domestic laws, Japan has signed a number of international treaties that are relevant to children's rights.
Theoretically, these treaties carry the force of law. This page lists relevant treaties, whether or not Japan has
signed them.
Click on the title of the treaty to see detailed information and references, including a reference to the full text of the
treaty and information on how the treaty may apply to cases in Japan.
| Name of Treaty |
Brief Description |
| United Nations Convention on the Rights of the Child |
Seeks to protect the economic, social and civil rights of children'. It contains quite a few protections
for the child in terms of his parents also, so it is very relevant. Japan has signed it but does not follow many of
its tenants in practice. |
| Hague Convention on the Civil Aspects of International Child Abduction |
This treaty seeks to secure the prompt return of children wrongfully removed to or retained in any contracting state.
Japan has not signed it, presumably because it would require the overhaul of many existing Family Court related laws,
regulations and practices. |
| Hague Convention on Jurisdiction, Applicable Law,
Recognition, Enforcement and Co-operation in respect of Parental Responsibility and Measures for the Protection of
Children |
This treaty covers a very wide range of civil measures of protection concerning children, from orders concerning
parental responsibility and contact to public measures of protection or care, and from matters of representation to the
protection of children's property. It reinforces the Hague Convention on the Civil
Aspects of International Child Abduction, and goes further to establish uniform standards for international
custodial, visitation and parental responsibility related disputes based on the habitual residence of the child. |
| United Nations International Convention on
the Elimination of All Forms of Racial Discrimination |
The UN Convention on the Elimination of Racial Discrimination condemns racial discrimination and advocates a policy
of eliminating racial discrimination in all its forms and promoting understanding among all races. It requires each
State Party to prohibit and bring to an end, by all appropriate means, including legislation as required by
circumstances, racial discrimination by any persons, group or organization. This applies to discrimination in
family courts, with respect to granting child custody, visitation and any related policies. |
| Hague Convention on the
Service Abroad of Judicial and Extrajudicial Documents in Civil or
Commercial Matters |
The "Hague Service Convention" provides for international service of
legal documents in a timely and uniform manner to foreign defendants, by a
Central Authority in the foreign Convention country. If you are
involved in a legal dispute in a court that is outside Japan, against a
Japanese citizen who is not resident in the same country as the court, you
may need to deliver legal documents to them via the methods of this treaty.
If you do not, and if you try to enforce a decision issued by the court in
Japan, the Japanese citizen or Japanese court can claim that the legal
documents were not properly served. Then the court order or verdict
would not be enforceable in Japan. |
| Hague
Convention on the Law Applicable to Maintenance Obligations |
This Convention establishes the applicable law in a conflict of laws
situation in respect of maintenance obligations "arising from a family
relationship, parentage, marriage or affinity, including a maintenance
obligation in respect of a child who is not legitimate." This
Convention replaces the Convention on the Law Applicable to Maintenance
Obligations towards Children done on October 24, 1956. |
| Hague Convention on
the law applicable to maintenance obligations towards children |
THIS CONVENTION IS OBSOLETE. See the
Hague Convention on the Law Applicable to Maintenance Obligations
instead. |
| United Nations International Covenant on
Civil and Political Rights |
There are some items in this treaty that refer to children, but not
many. Its worth a read, but unclear at this time if it is useful. |
| United Nations
Universal Declaration of Human Rights |
This seems to have been accepted accepted by the UN general assembly in
1948 rather than ratified on an individual basis by each country. Some
of its proclamations are clearly not observed, even by all members of the UN
security council. So it is not clear what standing this Declaration
has in domestic Japanese law. That said, it proclaims that all people
"are entitled without any discrimination to equal protection of the law,"
that "All children, whether born in or out of wedlock, shall enjoy the same
social protection," and makes several other comments related to marriage,
family and children. |
| Hague Convention on the Protection of Children and Co-operation in Respect of Inter-country Adoption. |
This treaty is under review for applicability. (See
text of treaty.) |
| Hague Convention on Choice of Court Agreements |
This convention conveniently excludes anything related to family law, so it is
not applicable. (See text of treaty.)
2005.6.30 Adopted |
|
Hague Convention on the Recognition of Divorces and Legal
Separations. |
1970.6.1 Adopted
1975.8.24 Entry Into Force
http://www.hcch.net/index_en.php?act=conventions.text&cid=80 |
|
Hague Convention Concerning the International Administration on the Estates of
Deceased Persons |
1973.10.2 Adopted
1993.7.1 Entry Into Force |
|
Hague Convention on the Taking of Evidence Abroad in Civil or
Commercial Matters. |
1970.3.18 Adopted
1972.10.7 Entry Into Force |
|
Hague Convention on the Recognition and Enforcement of Foreign
Judgments in Civil and Commercial Matters, Supplementary Protocol. |
1971.2.1 Adopted
1979.8.20 Entry Into Force |
|
Hague Convention on Celebration and Recognition of the Validity
of Marriages. |
1978.3.14 Adopted
1991.5.1 Entry Into Force |
|
Hague Convention on Jurisdiction, Applicable Law and Recognition
of Decrees Relating to Adoptions. |
1965.11.15 Adopted
1978.10.23 Entry Into Force |
|
Hague Convention on the Taking of Evidence. |
Japan: no Info on this treaty is here |
|
Hague Convention on Civil Procedure of 1954 |
Japan: yes |
Enforcement of Arbitrary Awards are guaranteed by various bilateral treaties and the following:
