Paragraphs
Introduction 1 - 11
I. GENERAL MEASURES OF IMPLEMENTATION 12 - 36
A. Measures taken to harmonize national law and policy with the provisions of the Convention (art. 4) 12 - 27
B. Existing or planned mechanisms at national or local level for coordinating policies relating to children and for monitoring the implementation of the Convention (art. 4) 28 - 30
C. Dissemination of the Convention (art. 42) 31 - 35
D. Publication of the report (art. 44, para. 6) 36
II. DEFINITION OF THE CHILD 37 - 47
III. GENERAL PRINCIPLES 48 - 71
A. Non-discrimination (art. 2) 48 - 53
B. Best interests of the child (art. 3) 54 - 58
C. Right to life, survival and development 59 - 60
D. Opportunity to express views (art. 12) 61 - 71
IV. CIVIL RIGHTS AND FREEDOMS 72 - 110
A. Name and nationality (art. 7) 72 - 79
B. Preservation of identity (art. 8) 80 - 82
C. Freedom of expression (art. 13) 83 - 84
D. Access to appropriate information (art. 17) 85 - 99
E. Freedom of thought, conscience and religion (art. 14) 100
F. Freedom of association and of peaceful assembly (art. 15) 101
G. Protection of privacy (art. 16) 102 - 106
H. Right not to be subjected to torture or other cruel, inhuman or degrading treatment or punishment (art. 37 (a)) 107 - 110
V. FAMILY ENVIRONMENT AND ALTERATIVE CARE 111 - 160
A. Parental guidance (art. 5 and art. 18, para. 1) 111 - 113
B. Parental responsibilities (art. 18, paras. 1-2) 114 - 122
C. Separation from parents (art. 9) 123 - 129
D. Family reunification (art. 10) 130 - 133
E. Recovery of maintenance for the child (art. 27, para. 4) 134 - 137
F. Children deprived of a family environment (art. 20) 38 - 141
G. Adoption (art. 21) 142 - 149
H. Illicit transfer and non-return (art. 11) 150
I. Abuse and neglect (art. 19) 151 - 159
J. Periodic review of placement (art. 25) 160
VI. BASIC HEALTH AND WELFARE 161 - 214
A. Survival and development (art. 6, para. 2) 161 - 165
B. Disabled children (art. 23) 166 - 180
C. Health and health services (art. 24 ) 181 - 191
D. Social security and child care services and facilities (art. 26 and 18, para. 3) 192 - 213
E. Standard of living (art. 27) 214
VII. EDUCATION, LEISURE AND CULTURAL ACTIVITIES 215 - 248
A. Education, including vocational guidance (art. 28) 215 - 229
B. Aims of education (art. 29) 230 - 231
C. Leisure, recreation and cultural activities (art. 31) 232 - 248
VIII. SPECIAL PROTECTION MEASURES 249 - 312
A. Refugee children (art. 22) 249 - 253
B. Children in armed conflicts (art. 38) 254 - 255
C. The administration of juvenile justice (art. 40) 256 - 281
D. Children deprived of their liberty, including any form of detention, imprisonment or placement in custodial settings (art. 37 (b), (c) and (d)) 282 - 288
E. Sentencing of juveniles, in particular the prohibition of capital punishment and life imprisonment (art. 37 (a)) 289
F. Physical and psychological recovery and social reintegration (art. 39) 290 - 292
G. Economic exploitation, including child labour (art. 32) 293 - 303
H. Drug abuse (art. 33) 304 - 308
I. Sexual exploitation and sexual abuse (art. 34) 309 - 314
J. Other forms of exploitation (art. 36) 315 - 316
K. Sale, trafficking and abduction (art. 35) 317 - 319
L. Children belonging to a minority or an indigenous group (art. 30) 320
The child shall be respected as a human being.
The child shall be esteemed as a member of society.
The child shall be raised in a good environment.
1. This is the statement of fundamental principles set out in the Children's Charter of Japan, established and declared in 1951 with the rise of public awareness and popular movement at that time. Ever since then, it has been recognized by many Japanese people as a significant philosophy acknowledging the fundamental rights of children and promising to guarantee and promote their well-being. With the ratification of the Convention on the Rights of the Child on 22 April 1994 as a turning point, the awareness of the rights of children has continued to grow, and the spirit of respecting and protecting the rights of children is now understood among the Japanese people more than ever before.
2. The protection of fundamental human rights is the important pillar of the Constitution of Japan, of which article 97 stipulates that fundamental human rights are "conferred upon this and future generations in trust, to be held for all time inviolate". These fundamental human rights include: (i) civil liberties such as the right to liberty and the rights to freedom of expression, thought, conscience and religion; (ii) social rights such as the right to receive education and the right to maintain the minimum standards of wholesome and cultured living.
3. The Constitution protects the fundamental rights of children as well. Especially in the interests of children, the Child Welfare Law was established in 1947 in recognition of the need to promote child welfare both in mind and body. Article 1 of the Child Welfare Law provides that "all people shall strive to ensure the sound birth and growth of children, both in mind and body. The livelihood of each and every child shall equally be guaranteed and protected". This provision not only elucidates that all people as members of society, including parents, guardians and teachers, have responsibility for sound child rearing, considering the best interests of the child in each individual case, but also upholds that each child must be respected as a human being so as to enjoy the fundamental human rights equally without any discrimination in that respect. Article 2 of the said Law prescribes that "the State and local public entities bear responsibility for the sound mental and physical growth of children", explicitly defining the duty of the State and local public entities for child welfare. In addition, article 3 of the said Law stipulates that "the principles stipulated in the preceding two articles guarantee the welfare of children and shall be observed at all times in the enforcement of all laws and ordinances concerning children", clarifying that the principles of child welfare as provided for in articles 1 and 2 must be respected in the execution of any law or ordinance relating to children, not only the Child Welfare Law. The Japanese Government, under such basic principles which conform to the spirit of the Convention, has been developing various measures relating to welfare and education, etc.
4. In terms of welfare, under the Child Welfare Law the Japanese Government expands child welfare facilities such as Child Guidance Centres, nursing facilities and day-care centres, enhances the protection of children and assists households. Moreover, under the Maternal and Child Health Law, which aims to maintain and promote maternal and child health, it provides various maternal and child health services such as: health guidance for pregnant women, infants and toddlers; health examination of three-year-olds; nutrition improvement assistance; nursing and medical assistance of premature babies; and issuing of the Maternal and Child Health Handbook. To assist child-rearing, furthermore, it provides allowances under the Child Allowance Law and other relevant laws, which contribute to the promotion of child welfare. In recent years, however, the environment surrounding children has been changing due to the falling number of children per family and the ever-increasing participation of women in society, making it indispensable to consolidate measures in view of such changes. The Government, none the less, has always aimed to enhance policies to promote child welfare, paying heed to the best interests of the child.
5. Education is vital to enable children to realize their potential and to create human beings capable of adapting to society. The Government has endeavoured to disseminate education under the Fundamental Law of Education and the School Education Law, and today has achieved almost 100 per cent in school enrolment in compulsory education. The Fundamental Law of Education intends to spread education esteeming personal dignity. Accordingly, it upholds the basic principle of "individual-oriented education" and encourages education and guidance, setting much value upon the individuality of each child, with due regard to the rights of children.
6. For a child to become a person of sound mind and body who can decide and act with a spirit of self-reliance, he/she has to gain rich experience in various activities both inside and outside school. From 1992 onwards, therefore, the Government introduced the five-day school-week system. This system has given latitude in children's lifestyles and provided children with opportunities to gain ample experience in various activities in everyday life at home as well as in the local community. In this respect, the Child Welfare Law provides for child welfare facilities (art. 40) to engage children in sound play, promote their health and cultivate their artistic aptitude. Based upon the provision, the Government endeavours to expand such facilities.
7. To ensure the rights of children, who are in the process of maturing both in mind and body, special protection especially from harmful environments must be given. The Government has implemented appropriate measures to protect children from all forms of exploitation and abuse under the Penal Code, the Child Welfare Law and the Labor Standards Law, etc. While enforcing regulations under the relevant laws, the Government also promotes various public relations activities and clean-up campaigns targeting harmful environment, and actively engages in protection and guidance activities for children nationwide, in close cooperation with families, schools and local communities.
8. Juvenile delinquents must be protected and given appropriate guidance as swiftly as possible, in addition to the consideration which should be paid to the environment in taking such steps. From this point of view, under the Juvenile Law, the Child Welfare Law and other relevant laws, the Government is consolidating the framework to deal with juvenile cases, correctional treatments, rehabilitation measures, including environmental adjustments, and training/education of juvenile delinquents, in order to prevent recidivism and assist delinquents' smooth reintegration back into society.
9. In terms of international cooperation, Japan declares its commitment to pay full consideration to children and other socially weak persons in Japan's Official Development Assistance (ODA) Charter, as a means for implementing ODA effectively. Based upon this principle, the Government is actively practising international cooperation to respect and protect the rights of children around the world: it implements bilateral cooperation programmes for the construction of school buildings, maternal and child health centres, and projects for children's hospitals. It also provides financial cooperation through such international organizations as the United Nations Children's Fund (UNICEF), the World Health Organization (WHO) and the United Nations Educational, Scientific and Cultural Organization (UNESCO).
10. The Convention on the Rights of the Child provides fundamental principles for protecting the rights of all children. Following the ratification of the Convention, the Japanese Government has been striving to consolidate various measures within the existing legal framework to implement the Convention effectively. In reality, however, cases of child abuse are on the increase and the situation of juvenile delinquency and bullying is becoming increasingly serious, partly because of demoralizing influences from modern society such as the weakening of human relations, including those with parents, and the inundation of harmful information. Under such circumstances, new challenges have arisen.
11. To ensure that all children develop their personality within a perfect, harmonious environment, the Government must assiduously endeavour to consolidate policies in an effective and comprehensive manner to create such an environment in practice. In Japan, many non-governmental organizations, etc., have been voluntarily undertaking activities to implement the Convention effectively, and the value of these activities is acknowledged. To ensure that the rights of children are fully respected and protected, families, local public entities, schools, the police and non-governmental organizations as well as the Government have to act in concert for the best interests of the child. Furthermore, all the people in Japan should deepen their understanding of the Convention and strive to achieve such goals.
12. In ratifying conventions or treaties, the Japanese Government ensures that national laws are consistent with the provisions of the conventions or treaties. The Convention on the Rights of the Child, which defines "children" as "any person under the age of eighteen years", stipulates broadly rights to freedom (such as those concerning expression, thought and conscience) and social rights (including those regarding social security and standards of living). It also stipulates matters contributing to the protection of children (such as the primary responsibility of the parent/guardian(s) for caring for and raising the child) and matters to deal with problems in modern society (such as the protection of children from narcotics, sexual exploitation and abuse, and the protection of children of refugees). Ratification of the Convention, nonetheless, did not require any amendments to Japanese legislation nor any new enactments of law, since most of those matters have been stipulated by the International Covenant on Economic, Social and Cultural Rights and the International Covenant on Civil and Political Rights - to which Japan became party in 1979 - and are guaranteed under the existing legal framework of Japan, including the Constitution.
13. The Government has, however, made the following reservation to ensure conformity with domestic laws:
The reason is as follows: The said provision stipulates for article 37 (c) of the Convention that "every child deprived of liberty shall be separated from adults unless it is considered in the child's best interest not to do so". Although a "child" means "every human being below the age of eighteen years or less unless, under the law applicable to the child, majority is attained earlier" according to the Convention (art. 1), there are no provisions for the definition of "adults". We may, nevertheless, interpret that "adult" in this context means any persons other than a "child", that is, a human being no less than the age of eighteen years, considering that the object of the said provision is to prevent and protect youngsters called "children" from being subject to harmful influence by separating them from other older persons. In Japan, however, persons under 20 years of age are dealt with as "juvenile" as provided for in article 2 of the Juvenile Law, under which any person less that 20 years of age deprived of liberty is to be separated from persons equal to or more than 20 years old. There is an obvious difference with the standard of age applied for separation as prescribed in the Convention. It was, therefore, decided to make such reservation with regard to the said provision.
14. Domestic laws have not been revised upon ratification, as already mentioned. It is, however, more important than ever to consolidate child protection and welfare in practice under the domestic legal framework, in order to ensure that the child undergoes full and harmonious development of his/her personality and lives an individual life in society. The ratification of the Convention on the Rights of the Child has served to be a cornerstone for improving policy measures to achieve that goal.
Protection of children's rights
15. In 1994, "Civil Liberties Commissioners for the Rights of the Child" was organized as an administrative measure to guarantee the rights of children including the rights provided for in the Convention. The Commissioners are in charge of supervision to prevent the violation of the rights of children and take swift, proper relief measures should they be violated. Their duty is to promote public relations campaigns (e.g. holding symposiums targeting local residents, parents and children) to ensure that the significance, the details and the objective of the Convention are properly understood and to raise public awareness of respect for the rights of children. The Commissioners of the Rights of the Child are selected from among civil liberties commissioners, lawyers and individuals concerned with education in order to deal with the issue of children's rights in an appropriate manner. They focus on the issues of children's rights and actively tackle these matters. As of 1 January 1996, 515 persons have been designated as Civil Liberties Commissioners for the Rights of the Child, posted in every prefecture in Japan. The civil liberties commissioners consist of volunteers selected from the general public and commissioned by the Minister of Justice. They are actively performing various tasks, giving counsel on human rights at homes and in guidance rooms of the Regional Legal Affairs Bureaux and the District Legal Affairs Bureaux.
16. Additionally, civil liberties organs of the Ministry of Justice (the Civil Liberties Bureau, the Civil Liberties Department of the Legal Affairs Bureau, the Civil Liberties Division of the District Legal Affairs Bureau and the civil liberties commissioners) set their main targets for public relations activities in 1994, 1995 and 1996 as "Let's Protect the Rights of Children", under which the civil liberties organs have been conducting public relations campaigns especially to raise the awareness of the need to respect the rights of children, in cooperation with schools and other relevant organizations.
Measures against child abuse
17. Urban in-home family support scheme. This scheme was introduced in 1994 in order to deal with family worries about child-rearing and problems such as maltreatment and delinquency. Utilizing the expertise of private facilities, households in neighbouring regions can receive counsel and, if necessary, be given prompt and constant in-home support (e.g. home calls). The objective of the scheme is to protect children's rights, contribute to sound child-rearing and further the innate disposition of children. As of 1995, the scheme had been implemented in 20 private facilities.
18. Model project for the management of child abuse cases. Launched in 1996, this project aims to construct a network against child abuse for the prompt identification of, the swift response against and the constant follow-up of child abuse cases. Not only does it seek to detect cases of child abuse, but it also tackles tough cases in liaison with a team consisting of welfare officers, doctors, lawyers and police.
Comprehensive child-rearing assistance
19. Angel Plan. In response to the falling birth rate and the increasing participation of women in public affairs in recent years, the Government devised the Angel Plan in 1994, incorporating the basic policy direction and essential measures for supporting child-rearing in the next 10 years in order to create a mass drive for child-rearing assistance in society at large and promote comprehensive measures to back up child-rearing. The Angel Plan is based on the idea that child-rearing at the family level must be supported by the society as a whole so as to create an environment where anyone wanting to have a child may give birth and raise a child without anxiety, assuming that
the best interests of the child should be of primary consideration in the promotion of measures for achieving that goal. Essential targets set under the Angel Plan include:
(a) Coordination of the working environment to balance work and child-rearing;
(b) Consolidation of various nursery care services;
(c) Reinforcement of the maternal and child health-care system, making child-bearing and -rearing smoother and less worrisome;
(d) Improvement of housing and living environments;
(e) Promotion of "relaxed school education", non-school activities and home education;
(f) Mitigation of financial burdens involved in child-rearing;
(g) Establishment of infrastructure for supporting child-rearing.
20. As part of the measures for applying the Angel Plan in concrete terms, the following targets have been established under the Five-Year Programme on Emergency Measures for Nursery Care to enforce nursery policies systematically:
Targets for the Five-Year Programme on Emergency Measure for Nursery Care
(Day care targeting infants 0-2 years old)
(Day-care services after 6 p.m. in general)
(Emergency/temporary nursing)
(Day care for infants recovering from illness)
(After-school training/education mainly for children in lower grades of primary school
(Secure counsel rooms for child-rearing upon refurbishing nurseries, etc.)
(Day-care centres for giving advice and supporting groups for child-rearing)
21. Additionally, the Ministry of Education is working to relieve the financial burden accompanying child-rearing and education, to consolidate home education, and to realize "relaxed school education" by alleviating competition in entrance examinations. Specifically, the Ministry promotes measures for (i) mitigating the financial burden accruing from child-rearing, (ii) consolidating home education by facilitating the counselling framework to deal with worries concerning child-rearing, (iii) improving the quality of non-school activities by affording opportunities for children to engage in dynamic activities, and (iv) encouraging "relaxed school education".
22. Amendments to the Child Allowance Law. The Child Allowance scheme, introduced in 1972, aims to stabilize family life and contribute to healthy child-rearing by providing a child allowance on a cash basis. In response to the changing environment surrounding children and families, the scheme was amended in 1994 to implement thorough child-rearing assistance services and programmes for sound child-rearing.
23. Establishment of the Foundation for the Children's Future. In July 1994, a juridical foundation entitled the "Foundation for the Children's Future" was established under the Civil Code with the aim of supporting projects for assisting child-rearing and the sound growth of children. The object of the Foundation is to supplement services which cannot easily be provided by the public sector.
Education
24. The Ministry of Education has instructed educational institutions to ensure that schools make the spirit and the principles of the Convention fully known and propagate the spirit of respecting fundamental human rights extensively throughout teaching activities in compliance with the object of the Convention.
International cooperation
25. Japan has been reinforcing its international cooperation efforts for respecting and protecting the rights of children. In particular, the Japanese Government has been promoting bilateral cooperation, especially in the fields of education, health and medical services, through the construction of school buildings and classroom facilities, maternal and child health care centres, and the improvement of children's hospitals, etc. As of 1994, the Government had provided aid amounting to roughly $3.4 billion in social infrastructure and services including such fields as these. Japan's share in bilateral Official Development Assistance directed to social infrastructure and services has been growing in recent years: its share increased from 12.3 per cent to 23.2 per cent between 1991 and 1994. The Government intends to carry on active assistance in this field in the future. It is worth noting that local governments have progressively started extending independent international cooperation efforts in this field; to promote this trend, the Government is offering support for such local government activities.
26. Japan also cooperates with international organizations. To the United Nations Children's Fund (UNICEF), the leading child-relief organ, Japan has been boosting contributions on an annual basis. In 1995, for instance, it contributed $29,430,000, becoming the fifth largest donor that year. Additionally, Japan has been making contributions for the promotion of maternal and child health, such as campaigns for tackling tuberculosis, polio and AIDS, through the World Health Organization (WHO).
27. With regard to international cooperation, moreover, NGO activities have been highly appreciated. To support NGOs, the Government introduced the subsidies system for NGO projects and grant assistance for grass-roots projects in 1989. Ever since, the Government has been reinforcing support to NGOs yearly, including projects concerning maternal and child health. In 1995, government subsidies to health and sanitation projects accounted for ¥25.1 million (year-on-year increase of ¥16.7 million) and those to medical care projects totalled ¥229.9 million (year-on-year increase of ¥55.7 million); together, they covered approximately 40 per cent of the total sum of subsidies for NGO projects in 1995. The grant assistance for grass-roots projects in the medical sector accounted for over ¥1 billion, about one third of the total in fiscal year 1995.
28. In Japan, various measures are taken to ensure the sound growth of the rising generation, that is, young adults and children, both in mind and body. Many administrative organs are concerned: for instance, the Ministry of Health and Welfare deals with services concerning the sound growth of children, the welfare of neglected children and disabled children, and maternal and child health; the National Police Agency deals with prevention of juvenile delinquency, guidance activities, protection of youth victims of crimes, and regulations against crimes injurious to the welfare of the youth; the Public Prosecutor's Office is in charge of sending juvenile delinquents to the courts, etc.; the Ministry of Justice performs tasks relating to the correction and rehabilitation of juvenile delinquents and the protection of human rights; the Ministry of Education deals with services concerning education, sports and culture; and the Ministry of Labour is responsible for the protection of minor workers, vocational training and so on. Through the Committee for the Promotion of Youth Policy, for instance, the Management and Coordination Agency adjusts measures relating to youth as enforced by these relevant authorities so as to implement them effectively and comprehensively under the Government as a whole.
29. The Management and Coordination Agency also endeavours to promote various measures for youth at the local level through the Government and local authorities. For example, it holds liaison conferences with youth affairs management departments in prefectures and designated cities, facilitating the exchange of information between the Government and the local authorities. The Government also offers counselling services concerning youth, where specialists give advice on occasion to promote the sound growth of children and to prevent and promptly identify cases involving violations of human rights. For instance, counselling services are available at the Civil Liberties Department (Division) of the Regional Legal Affairs Bureau, the Child Guidance Centre, the Education Centres, the Juvenile Guidance Centre, the Juvenile Classification Home, the Juvenile Division in the headquarters of the Police Regions, and police stations (see table 1). The Government divides the country into six sectors and convokes liaison conferences with personnel in charge of counselling services in each sector, as it is vital that these counselling organs are reinforced and interconnected with one another to make a swift and pertinent response to consultations.
30. The Ministry of Justice, the Ministry of Foreign Affairs, the Ministry of Education, the Ministry of Health and Welfare, and other administrative organs are currently implementing various measures from their own standpoints to perform the duties prescribed by the Convention. In the implementation of measures, however, these administrative organs promote close cooperation and take care to achieve collaboration within the Government as a whole.
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31. As for activities aimed at disseminating the objectives and the contents of the Convention and promoting proper understanding of it, many ministries and agencies have prepared pamphlets and propagated the principles of the Convention throughout the nation, including to children, as described in the following paragraphs. As public relations activities are extremely effective for implementing the Convention efficiently, the Japanese Government intends to carry on these activities, examining the reaction from the public to the activities conducted so far and the extent to which the Convention is recognized.
32. The Ministry of Foreign Affairs has been endeavouring to introduce and propagate the Convention among the general public by means of public relations magazines, TV and radio. In cooperation with the UNICEF office in Japan, the Ministry has prepared 90,000 leaflets explaining the conditions in which the Convention was drafted. The leaflets, which also include the full text of the Convention, are distributed to welfare offices, Child Guidance Centres, boards of education, interested private organizations and individuals. In collaboration with the Ministry of Education, moreover, the Ministry produced 1 million posters introducing the contents of the Convention in such fashion that children can easily understand, and distributed them to every class in kindergartens, elementary schools, lower secondary schools, upper secondary schools and schools of special education, child welfare facilities and public libraries, etc.
33. The Civil Liberties Bureau of the Ministry of Justice has also produced 100,000 PR handouts entitled "The Convention on the Rights of the Child and the Human Rights of Children", in order to promote the recognition of the gist and the nature of the Convention and to boost public awareness of the rights of children. The Bureau distributed them to schools, boards of education, local governments and other relevant organs through regional Legal Affairs Bureaux and District Legal Affairs Bureaux across the country.
34. The Ministry of Health and Welfare, furthermore, prepared and distributed pamphlets with a description of the Convention to make it widely known, especially among those involved in child welfare services. Additionally, the Ministry has been working to disseminate the contents of the Convention broadly among the general public, printing the key points of the Convention in the Maternal and Child Health Handbook issued to pregnant women.
35. The Ministry of Education, moreover, issued notices to relevant educational institutions to consolidate teaching activities in view of the spirit of the Convention and propagate the objectives of the Convention through various bulletins, training courses and conferences focusing on teachers so as to ensure that appropriate instructions are provided according to the level of education. Schools are intended to teach the significance and role of international law relating to human rights, including the Convention on the Rights of the Child, the philosophy of respecting fundamental human rights, and the growth and development of children.
36. The Government will be distributing the report on the Convention to relevant ministries and agencies and to local governments, boards of education, child welfare facilities, Civil Liberties Departments of Regional Legal Affairs Bureaux and the UNICEF office in Japan through the ministries and agencies concerned. The report will also be made available at all times in the Ministry of Foreign Affairs to the general public as well as non-governmental organizations.
Majority
37. In Japan, the Civil Code prescribes that any person attaining 20 years of age may take legal action autonomously. In terms of public law, for instance, persons are invested with the right to vote for members of the Diet upon attaining 20 years of age. In Japan, accordingly, an adult is any person of 20 years of age or more.
Marriage
38. Under the provisions of the Civil Code, a man may not marry until reaching 18 years of age, nor a woman until reaching 16 years of age. A person under 20 years of age must obtain the consent both of his/her father and mother in order to marry. After marriage, any person may independently become a party to legal action even if he/she is under 20 years of age.
Compulsory education
39. Compulsory education starts from the beginning of the school year that is the first to begin on or after the day following the child's attaining 6 years of age and finishes at the end of the school year during which he/she attains 15 years of age. In Japan, a school year starts on 1 April and ends on the following 31 March.
Voluntary statement in courts
40. In Japan, statements by minors (under 20 years of age) in civil suits and civil mediation are made through legal representatives as minors do not have any litigation capacity. In actions relating to personal status, family hearings and family conciliation, however, minors may make statements if they are mentally fit.
Criminal liability, etc.
41. The Penal Code of Japan provides that an act of a person under 14 years of age is not punishable. Under the Juvenile Law of Japan, however, "juvenile" (shonen) refers to anyone under 20 years of age. With the aim of ensuring the sound upbringing of juveniles and correcting the character and adjusting the environment of delinquent juveniles, the Juvenile Law stipulates that anyone under 20 years of age is to be judged in a Family Court, where proceedings for protection are taken to determine whether it is appropriate to take protective measures. Only if protective measures have been found to be inappropriate is he/she to be transferred to undergo criminal proceedings (provided that the person in question is 16 years of age or more and commits an offence punishable with the death penalty or penal servitude or imprisonment) (for details, refer to para. 257)). On similar grounds, anyone under 20 years of age is subject to procedures different from those for persons of 20 years of age or more upon imprisonment and other measures depriving them of liberty (for details, refer to para. 277).
Labour
42. With respect to persons under 18 full years of age, provisions of the Labour Standards Law restrict working hours and work on rest days, prohibit late-night work in principle and regulate dangerous and hazardous work. The Labour Standards Law also prohibits the employment of children under 15 full years of age. As an exception, however, with permission of the administrative office, children attaining 12 full years of age may be employed in occupations in non-manufacturing enterprises involving light labour which is not injurious to the health and welfare of children, and children under 12 full years of age may be employed in enterprises for motion picture productions and theatrical performances. Provisions of the Labour Standards Law are also applicable to the employment of part-time workers.
Sexual crimes
43. Under the Penal Code, anyone who performs a sexual act or commits an indecent act with a male or female person under 13 years of age is subject to punishment, whether or not the act is committed by violence or threat thereof. The Child Welfare Law additionally prohibits inducement of a person under 18 years of age to practise obscene acts. The law also prescribes punishment for keeping a child in custody for the purpose of making him/her engage in harmful activities.
Enlistment
44. There is no conscription system in Japan. Persons 18 years of age and over may be recruited in principle as volunteers for service in the Self-Defence Forces. Nevertheless, as an exception, persons between 15 and 16 years old may be recruited as youth cadets in the Self-Defence Forces (for details, refer to para. 255).
Alcohol, etc.
45. In Japan, the Law on Prohibiting Liquors to Minors prohibits anyone under 20 full years of age to drink and the Law on Prohibiting Smoking to Minors prohibits them from smoking. These laws prescribe that the prevention of minors from drinking and smoking, etc. is the duty of persons in parental authority. Additionally, the Law on Control and Improvement of Amusement and
Entertainment Businesses prohibits providing alcohol or cigarettes to anyone under 20 years of age in a place of entertainment or amusement and other entertainment-related businesses Entertainment-related businesses are defined as sex-oriented businesses such as bathhouses with private rooms, strip-tease theatres, or so-called "adult shops" where sexual materials are sold, etc. or restaurant businesses.
Child population
46. As of 1 October 1994, the total population of Japan was 125,034,000. The child population (0-17 years old) numbered 25,516,000, accounting for 20.4 per cent of the total population.
5-9 years old
10-14 years old
15-19 years old
6 723 (5.4%)
7 643 (6.1%)
8 867 (7.1%)
Management and Coordination Agency.
Number of births
47. The number of births was approximately 1,240,000 in 1994. Though the number of births has tended to move downwards in recent years, there was a slight increase in 1994 compared with the previous year.
1985
1990
1991
1992
1993
1994
1 431 577
1 221 585
1 223 245
1 208 989
1 188 282
1 238 328
A. Non-discrimination (art. 2)
49. In accordance with the provision of the Constitution, the Child Welfare Law states that "the life of each and every child shall equally be guaranteed and protected". In addition, all forms of discrimination against children by public authorities are also prohibited under stipulations of other national laws such as the provisions of article 2 of the Public Assistance Law (which provides for non-discriminatory, equal protection), article 3 of the Fundamental Law for Measures for Mentally and Physically Handicapped Persons (guaranteeing the equal treatment of all disabled persons) and paragraph 1 of article 3 of the Fundamental Law of Education (which prescribes equal opportunity of education).
50. Children of foreign or no nationality living in Japan are also guaranteed fundamental human rights under the Constitution of Japan, with the exception of rights that, owing to their nature, are interpreted to be applicable only to Japanese nationals. There are no nationality requirements in the provisions of the Child Allowance Law, the Child-Rearing Allowance Law and the Special Child-Rearing Allowance Law, etc. As for education, the Government endeavours to ensure that each and every child has an opportunity to receive education, in compliance with the provisions of the Constitution and the Fundamental Law of Education. Foreign children, however, may have difficulties receiving education and welfare services because of insufficient Japanese language ability. To solve this problem, the Government encourages local governments to furnish information in foreign languages by distributing pamphlets written in foreign languages and establishing special consultation offices for foreigners. The Government, moreover, applies measures to teach the Japanese language and give advice regarding everyday life and studies.
51. In cases where discrimination between individuals is found, the civil liberties organs of the Ministry of Justice promptly implement pertinent measures for remedy. In private law, if an act is found to be unlawful under the Civil Code, the person who performed the act will be held liable for damages. In cases where the discriminatory act runs contrary to public policy or good morals as referred to in article 90 of the Civil Code, which is a provision restricting personal autonomy in general, the act may be null and void. If the discriminatory act infringes penal statutes, the offender will be punished.
52. What is important, however, is that discrimination against a child deeply affects the development of his/her personality. In other words, there should be no discrimination whatsoever in order to ensure the full and balanced development of the child's personality. To this end, the Government has been educating students, through all school educational activities, particularly in social studies and moral education, to respect human rights, to neither discriminate nor have prejudice against anyone, and to understand correctly questions of human rights including the dowa issue. In universities or colleges, students continue to deepen their knowledge and understanding of human rights through seminars on humanities and social sciences. Furthermore, various educational activities such as classes or lessons on human rights have been conducted in public halls, in accordance with the report of the Lifelong Education Council in which "human rights" is identified as an important subject of study in contemporary social studies. In this way, both the Government and the people should continue to strive together to educate the people and raise public awareness of the rights of children, so that the dignity of every child is respected and fundamental human rights are enjoyed by children.
53. The International Convention on the Elimination of All Forms of Racial Discrimination entered into force for Japan on 14 January 1996.
Best interests of the child
54. Article 13 of the Constitution stipulates that "all of the people shall be respected as individuals". Article 1 of the Child Welfare Law prescribes that "all of the people shall strive to ensure the sound birth and growth of children, both in mind and body". Other than these, articles 2 and 3 of the Child Welfare Law, article 1 of the Juvenile Law and article 3 of the Maternal and Child Health Law assume that a child's best interest is to be considered in each individual case.
Provision of protection and aid
55. In Japan, the family is considered the natural environment for the growth and welfare of children as well as other family members. Parents or legal guardians are regarded as having prime responsibility for the child's upbringing and development. The Government provides supplementary aid, if necessary, for parents in fulfilling their responsibility, and ensures protection and care essential for children by taking care to neither infringe the rights nor affect the obligations of parents.
Standards for safety and health and criteria for the number and suitability of staff
56. In Japan, the following child welfare facilities (see table 4) are available. With regard to these facilities, the Minimum Standards for Child Welfare Facilities on Equipment and Management (Ministerial Ordinance) provided by the Minister of Health and Welfare prescribes the standards for safety and health, in addition to those for the number and suitability of the staff. Pursuant to the Child Welfare Law, founders of these facilities are obliged to conform to the standards.
57. The Minimum Standards address: general rules for the construction of and equipment for child welfare facilities, emergency/disasters, general requirements for personnel, sanitation control, meals, medical examinations for inmates and employees, etc. (in chap. 1, General Provisions); and equipment standards for respective child welfare facilities and criteria for the number and competence (qualification) of personnel, etc. (chaps. 2-10). According to the Minimum Standards, nurseries, for instance, are required to post at least one nursery governess for every six children and to install alarm systems and facilities to prevent children from falling. Moreover, the guidelines for centre-based day care, which are for nurseries providing day-care services, seek to: support children; promote their emotional stability; maintain their mental and physical health; respect their rights; enhance their autonomy; and encourage harmony among them. The Guidelines require nurseries to furnish an environment suitable for achieving those goals.
58. Provisions also require that directors and persons in charge of management are to be identified and permission to establish a facility is requested. To maintain the Minimum Standards, administrative agencies may: demand the head of child welfare facilities to submit reports; enter the facilities; examine the equipment; recommend/order necessary improvements; and order the suspension of operation.
17
8
11
Source: Survey by the Ministry of Health and Welfare.
The right to life
59. Article 31 of the Constitution prescribes that "no person shall be deprived of life or liberty, nor shall any other criminal penalty be imposed, except according to procedures established by law," guaranteeing the inherent right of all people including children, to life.
Survival and development
60. Article 25 of the Constitution stipulates that all people shall have the right to maintain the minimum standards of living, ensuring the right of all people, including children, to live. Furthermore, paragraph 2 of article 1 of the Child Welfare Law provides that "the life of each and every child shall equally be guaranteed and protected," and article 3 of the Maternity and Child Health Law prescribes that "in order to ensure the sound growth of infants and toddlers, both in mind and body, their health shall be maintained and enhanced." According to those provisions and other relevant domestic laws, the Government has been implementing various measures to ensure the survival and development of children, which have been consolidated every year. (For the substance of measures, refer to VI A and C)
61. In Japan, the Constitution prescribes respect for the dignity of individuals in article 13, freedom of thought and conscience in article 19, and freedom of expression in article 21. Thus, the child's right to express views freely in all matters affecting them is guaranteed.
62. With regard to all matters on which anyone is generally guaranteed the opportunity to be heard in any proceedings of a judicial and administrative decision or measure affecting him/herself, the child is also provided the opportunity to present his/her view, as described below. When decisions are to be made or measures are to be taken on such matters, utmost consideration is paid to the child's best interests.
Judicial proceedings
63. In Japan, anyone who is a party to, or an interested person in a trial is guaranteed the opportunity to present his/her views.
64. Civil procedures and civil conciliation. As minors have no litigation capacity in civil suits, a legal representative is required to take procedural action (art. 49, Code of Civil Procedure). Accordingly, in cases where a minor is a party to litigation, he/she may act as a party through a legal representative and express his/her views. In cases where the minor is not a party to litigation but has a legal interest in the outcome of the proceedings, he/she may participate in the litigation as a supplementary intervener, conduct proceedings and present his/her views through the legal representative. In civil conciliation, a minor may present his/her views as a party or a supplementary intervener through a legal representative.
65. Actions relating to personal status, family trials and family conciliation. In actions relating to personal status, a minor is considered to be competent to stand trial if he/she is mentally fit. Provided that the minor has the capacity to act, he/she may present his/her views as a party or a supplementary intervener, directly or through a legal representative. In family trials and family conciliation, a minor may, provided that he/she is mentally fit, similarly present his/her views as a party or a supplementary intervener, directly or though a legal representative. As for family trials, the child's statement must be heard if he/she is 15 full years of age or over, in trials on the custody of children upon divorce of parents or recognition, etc and trials on cases involving the designation or change of the person in parental authority. In other cases, or if the child is less than 15 full years of age, the Family Court may hear the child's view ex officio, and there is nothing to impede the child from presenting his/her view voluntarily if he/she wishes to do so.
66. Criminal action and juvenile trials. In juvenile trials, the juvenile, his/her guardian and attendant must be summoned on the day of trial (art. 25, para. 2, Rules of Juvenile Proceedings), and the guardian as well as attendant may express his/her views at the trial after obtaining permission from the judge (art. 30 of said Rules). In addition, the juvenile's relatives, teachers and other persons considered appropriate may be permitted to be present at the trial (art. 29 of said Rules). As the hearing is, in this way, to be conducted in a relaxed and warm atmosphere (art. 22, para. 1, Juvenile Law), careful attention is paid to ensure that the juvenile and his/her guardian, etc. can make statements in a conducive atmosphere. There are provisions for recording the substance of the statement made by the juvenile and others, assuming that juveniles, etc. are afforded opportunities to express their views (arts. 12 and 33 of said Rules). If a juvenile commits a crime, under the Juvenile Law and other laws, the case is to be dealt with by a Family Court which considers whether to take protective measures or not. Only if the person in question is 16 years of age and over and commits an offence punishable by the death penalty or penal servitude or imprisonment, and it is judged necessary for him/her to be tried under the criminal measure, may the case be transferred to undergo criminal procedures. The Code of Criminal Procedure stipulates that the accused and the counsel shall be afforded the opportunity to make a statement on the defendant's case in the opening procedures and that the accused and the counsel may state their views upon completion of the examination of evidence. Furthermore, in the event that the accused makes a statement voluntarily, the judge may require the defendant's statement at any time.
Administrative procedures
67. In Japan, before the dispositions are taken, the Administrative Procedure Law guarantees, in principle, opportunities for hearing statements of opinion or for explanation and rebuttal of adverse dispositions. Under the Administrative Appeal Law, means to appeal are also recognized ex post facto against administrative dispositions (excluding the appeal against adverse dispositions taken through the procedure of hearing statements of opinion). In this way, the opportunity to have opinions heard is guaranteed. In addition, the opportunity to be heard is also ensured under the provisions for procedures on administrative dispositions and measures respectively.
68. Education. As for the method of education for disabled children, it is firstly considered by the Commission for the Encouragement of School Attendance in view of the child's educational, psychological and medical backgrounds; the board of education then decides on the basis of the Commission's examination and after hearing the opinion of the guardian and others through school consultations, etc.
69. The Government has sent notices to educational institutions to ensure that, in taking disciplinary action, the action has real educational effects instead of just serving as a sanction, and that full attention is paid to the student's condition individually with an opportunity being given to the student to explain the situation and his/her views.
70. Welfare. No child shall be sent to prefectural child welfare facilities against the will of the person in parental authority or the guardian (art. 27, para. 4, Child Welfare Law). Child Guidance Centres shall investigate, diagnose and evaluate the child's condition by having an interview with the child or his/her guardian, and give sufficient consideration to the child or the guardian's opinion when determining the action to be taken as provided for in the Management Guidelines for Child Guidance Centres. In case a child's admission to a day-care centre or home for mentally retarded children is cancelled, the governor, mayor, head of the welfare office and the chief of the Child Guidance Centre shall, in advance, give an explanation of the reasons for the cancellation to the child's guardian and give heed to their views (art. 33, para. 4, Child Welfare Law).
71. Correction. In correctional institutions, the opinions of the child concerned are heard when taking measures affecting the child. For instance, if a child is to be punished or disciplined, the child is informed in person of the suspected facts of the act violating the regulations and is afforded the opportunity to plead his/her case.
72. The Family Registration Law of Japan requires submission of the notification of birth within 14 days after birth and stipulates that a child who assumes the surname of his/her father and mother shall be entered in the family register of the father and mother, a child who assumes his/her father's surname shall be registered in the father's family register, and a child who assumes his/her mother's surname shall be registered in the mother's family register. The provisions of article 8 of the Residents Registration Act, furthermore, require a child to be registered on the resident's card.
73. A foreign child born in Japan is also required to be reported under the Family Registration Law. Any person who finds a deserted child or any police officer who is informed of the finding of a deserted child shall, within 24 hours, give information thereof to the mayor of the city, town, or village. The mayor who has received the information shall give a full name to the deserted child, select the locality of register, and state in a record these facts as well as sex, presumptive date of birth, etc.
Right to a name
74. Article 790 of the Civil Code of Japan provides that a legitimate child assumes the surname of his/her father and mother and an illegitimate child assumes the surname of his/her mother. The Family Registration Law establishes that the name of a newborn child shall be stated in the notification of birth, which shall be submitted after birth.
Right to acquire nationality
75. The Nationality Law of Japan adopts, in principle, the bilineal jus sanguinis principle. It stipulates that a chid shall be a Japanese national when, at the time of birth of the child, the father or the mother is a Japanese national (art. 2, item (1), Nationality Law). However, as there is a possibility that a child born in Japan may become stateless if this principle is applied rigidly, the jus soli principle is also adopted to prevent statelessness. In other words, a child shall be a Japanese national when both parents are unknown or have no nationality in a case where the child is born in Japan (art. 2, item (3)). Though this may still be insufficient to prevent a child from becoming stateless under limited circumstances, such a child may acquire Japanese nationality by naturalization when he/she was born in Japan, had no nationality since the time of birth, and had his/her domicile in Japan for three or more years consecutively since that time (art. 8, item (4)). In the case of a stateless child, the conditions on capacity and capability to make a living are not applied and the residence requirement is minimized enabling the child to acquire Japanese nationality very easily.
Right to know one's parents
76. Pursuant to the Family Registration Law, the full names of the father and mother of a person born in Japan must be stated in the notification of birth, and in case of a Japanese national, the full names of his/her natural parents must be stated in the family register. Any child may, therefore, identify his/her parents from a copy or an abstract of his/her family register and other relevant materials. If paternity has been admitted, an illegitimate child may also identify his/her father, as the father's name and the fact of admitting paternity must be stated in the child's family register under the provisions of article 35 of the Enforcement Regulations of the Family Registration Law.
77. As for special adoptions (refer to para. 145), when a judgement of judicial adoption has become final and the adoptive parents report the fact, an independent family register is made up for an adopted child first in the locality register of his/her natural parents. The adopted child's name is then entered in the family register of his/her adoptive parents and removed from his/her independent family register. Any adopted child wishing to identify his/her natural parents may inquire into the family register of his/her natural parents from which his/her name had been removed. Hence, the child's right to identify his/her natural parents at will is assured even under the special adoption system.
78. The notification of birth must also be submitted in cases where a foreign child is born in Japan. Since the notification of birth is to be preserved for 10 years after the date of reporting, any child may identify his/her natural parents for at least 10 years by examining his/her notification of birth or birth certificate.
Rights to be cared for by parents
79. The Civil Code stipulates that a child who has not yet attained its majority shall be under the custody of the person in parental authority who assumes responsibility for taking care and custody of the child. Children with parents must be cared for in principle by those parents as long as they are married.
81. Upon a change of name, a notification must be submitted to that effect after acquiring permission from a Family Court. With regard to family relations, the range of relatives, name and relations with natural parents, legal residence and the date of birth must be stated in the family register.
82. If elements of identity are illegally withheld from the child, that is, if it is found that the description in the family register is unlawful or includes errors, mistakes or omissions for some reason, the interested persons may apply for the correction of the family register after obtaining permission from a Family Court.
84. As children are in the process of physical and mental development and schools are the places of group living, schools need to establish their own rules for students. The Government has instructed educational institutions to continue to review school rules which relate to day-to-day education and training activities with consideration for the conditions of children, the views of guardians, the current circumstances in the local community, changes of society, and movement with the times.
86. Establishment of libraries. As of 1993, the number of public libraries where publications, documents and other materials were available for public use amounted to 2,138 throughout the nation. The Government subsidizes local authorities to cover part of the costs involved in building and maintaining libraries and facilities. Every school is also equipped with a library.
87. Recommendations of cultural assets for children. The Central Child Welfare Council and Regional Child Welfare Councils may recommend cultural assets for children to promote the welfare of children and mentally retarded children. In 1951, the Central Child Welfare Council established a subcommittee on cultural assets composed of experts and member of the academic and scientific community, recommending superior cultural assets with which children can enjoy interacting, cultivate aesthetic aptitude and develop various abilities. In 1995, 89 publications, 49 audiovisual materials and 29 theatrical arts were recommended by the Council. Among the cultural assets recommended for children hitherto, superior articles have been selected for infants and elementary school pupils and presented at children's halls throughout the nation.
88. Movies. To promote the production of superior movies for children and popularize them among the general public, the Ministry of Education labels works of high educational value "Selected by the Ministry of Education" and "Specially Selected by the Ministry of Education" (the highest rank); works are examined by the screening subcommittee on educational movies of the Lifelong Learning Council, based on applications from film producers. If selected, the Ministry publicizes the film and launches public relations activities. In 1995, 264 movies were "Selected by the Ministry of Education," and 3 movies "Specially Selected by the Ministry of Education." Among the educational films useful for social and school education, the Ministry purchases works recognized as "Special Selections" and distributes them to the boards of education in prefectures and designated cities.
89. Broadcasting. The Broadcast Law stipulates that the broadcaster shall, in compiling and broadcasting educational programmes for domestic broadcast, clearly indicate the persons at whom the broadcast is aimed and make the contents of the broadcast appropriate and instructive to such persons; at the same time, means shall be provided so as to allow the general public to learn the plan and the contents of the broadcast in advance. In this case, if the programme concerned is intended for schools, the contents thereof shall conform to the standard of the curricula provided for by the laws and regulations relating to school education.
90. The Government entrusts the planning, producing, broadcasting and conducting of research studies on educational TV programmes to the Association of Private Broadcast Education. This aims to upgrade the quality of educational programmes of private broadcasting companies, enrich home education through TV programmes, and contribute to sound growth of the youth.
91. The Broadcast Law of Japan stipulates that NHK (Nippon Hoso Kyokai) shall endeavour to have Japan correctly understood and promote the status of Japan by introducing Japanese culture in editing and producing programmes for international broadcasting purposes and programmes to be supplied to foreign broadcasting companies. Since April 1991, the Japanese Government has been providing subsidies amounting to roughly ¥200 million per annum for the translation of Japanese educational programmes directed to developing countries through the Japan Media Communication Centre (which is under the joint jurisdiction of the Ministry of Foreign Affairs and the Ministry of Posts and Telecommunications). A total of 478 programmes have been translated from Japanese to English and other foreign languages, and 368 programmes had been provided to 19 countries as of the end of March 1996.
92. The Government provides financial assistance to the Asia/Pacific Cultural Centre for UNESCO, which is conducting a programme of co-publication of children's books and other activities in cooperation with foreign experts in this field, with the aim of providing good and inexpensive reading materials to children in Asian-Pacific region.
93. The Government has been providing educational and cultural broadcast programmes under Cultural Grant Aid as part of its international cultural cooperation. In 1995, two projects (61.1 million Japanese yen based on grants) were implemented under the cooperation in the educational/cultural broadcast sector (educational/cultural programmes).
Protection from injurious information
94. The social environment surrounding children has a strong influence upon the character building of youths, who are still developing. In particular, information and books found to be harmful to the welfare of children are liable to excite their sexual impulses and aggravate rudeness and cruelty. These often cause delinquency, posing serious problems to the sound growth of children. The Government, therefore, takes the following measures to protect children from such harmful information.
95. The Child Welfare Law establishes that the Central Child Welfare Council and Regional Child Welfare Councils may warn people selling such publications (art. 8, para. 7 Child Welfare Law). Moreover, the Broadcast Law provides that broadcasters in compiling programmes for broadcasting, shall not disturb public security and good morals and manners; shall set out standards for editing broadcast programmes; and shall establish a broadcast programme council to ensure the appropriateness of broadcast programmes.
96. Prefectural authorities establish youth protection ordinances for regulating harmful books, videos, movies and advertisements in consideration of the existing circumstances of local communities. In 1994, the number of materials designated as harmful under ordinances reached 71,828 (see table 5 below). The Government is promoting thorough regulatory measures by the proper application and coordination of the ordinances.
harmful under youth protection ordinances
Movies
Magazines, etc
Advertisements
Videos
4 264
20 974
30 609
3 632
20 068
4
46 843
3 201
22 608
3
38 520
3 289
20 949
0
44 230
2 470
18 304
51 054
98. The drastic diversification of media in recent years has a great influence on society, causing grave concern over their mental and physical impact on children. Under such circumstances, various measures are taken concerning computer software, the Organization for Computer Software Ethics explicitly differentiates adult PC software from ordinary PC software by attaching seals to products which should not be sold to anyone under 18 years of age. In July 1994, the Organization introduced a new "R-rated" category of software which may not be sold to anyone below 15 years of age. In February 1996, the Association of Electronic Networks, organized by providers of personal computer communication services, formulated "the Code of Ethics" and "rules and manners for the users of personal computer communications" as ethical guidelines for the use of electronic networks. Moreover, the police are reinforcing control over such criminal acts as public obscenity, for the first time ever arresting suspects in January 1996 for providing obscene pictures on the Internet. In May 1996, the Government recognized sales of CD-ROMs mainly consisting of nude images as a category of entertainment-related businesses which are subject to the Law on Control and Improvement of Amusement and Entertainment Businesses.
99. Aggressive local activities are also essential for enhancing the protection of children from harmful information. The Government, therefore, encourages such activities of local organizations and residents.
E. Freedom of thought, conscience and religion (art. 14)
100. All people, including children, are guaranteed the right to freedom of thought and conscience under the provisions of article 19 of the Constitution of Japan. With regard to the right to freedom of religion, paragraph 1 of article 20 of the Constitution provides for the guarantee of freedom of religion to all. In addition, paragraph 3 of the said article prohibits the State and its organs from engaging in religious education or any other religious activity. Paragraph 1 of article 9 of the Fundamental Law of Education also states that the attitude of religious tolerance and the social status of religion shall be valued in education.
F. Freedom of association and of peaceful assembly (art. 15)
101. Article 21 of the Constitution of Japan guarantees freedom of assembly and association to all people, including children. These freedoms are restricted to a certain extent on the grounds of public welfare, as is freedom of expression. Restrictions are, however, minimal and conform to the provisions of paragraph 2 of article 15 of the Convention.
G. Protection of privacy (art. 16)
102. In Japan, "non-disclosure of the private life" of all persons, including children, not only by public authorities but also by individuals and private institutions, has been acknowledged as the object of legal protection by the Constitution and judicial precedents of the Supreme Court.
103. Paragraph 1 of article 35 of the Constitution of Japan states that "the right of all persons to be secure in their homes, papers and effects against entries, searches and seizures shall not be impaired except upon warrant issued for adequate cause and particularly describing the place to be searched and things to be seized ...". In other words, it is provided that the home and belongings of all persons, including children, are protected from intrusion by public authorities. In accordance with such provisions, the Code of Criminal Procedure stipulates that the body, effects or dwelling or any other place shall not, in principle, be seized and searched without the consideration of a judge in that matter. Article 130 of the Penal Code punishes intrusion upon a human habitation, etc. without good reason, and paragraph 23 of article 1 of the Minor Offence Law provides that any person who, without good reason, stealthily peeps into a house, etc. shall be punished. As to doctors, lawyers and the like, who may learn others' secrets in the performance of their profession, the Penal Code and other laws require them not to disclose such secrets. The Penal Code, moreover, stipulates that a person who, without good reason, opens a sealed correspondence shall be punished (art. 133, Penal Code). Tranquility of the private life of individuals is ensured thereby.
104. To prohibit interference with communications, secrecy of communication is protected under the provisions of paragraph 2 of article 21 of the Constitution. The secrecy of letters and telegrams is protected under the Mail Law, and persons who are engaged in postal services must maintain the secrets of other persons which may come to their knowledge in the course of handling postal matters (art. 9, Mail Law). The Telecommunications Business Law also provides for the protection of the confidentiality of communications, stipulating that persons engaged in telecommunications businesses shall maintain the secrecy of other persons' affairs which may come to their knowledge while handling communications (art. 4, Telecommunications Business Law).
105. With regard to the protection of honour and reputation, the Penal Code provides for crimes relating to defamation, insult, and damage to credit. The Civil Code prescribes for the compensation of persons suffering from defamation or damage of reputation. The Guidelines for Police Activities on Juvenile Crimes require the police to give consideration to time and procedures in summoning a child in the course of an investigation/inquiry. The police, for instance, avoid directly summoning a child at his/her school or workplace so as to ensure that the child's reputation and honour are not lost.
106. Furthermore, the Ministry of Education has been instructing educational institutions to pay full consideration to children's rights in cases where school authorities are involved in the private lives of the students in the course of education.
107. To ensure that children are not treated in a manner that disregards or impairs their dignity or character as a human being, article 13 of the Constitution states as follows: "All of the people shall be respected as individuals. Their right to life, liberty, and the pursuit of happiness shall, to the extent that it does not interfere with the public welfare, be the supreme consideration in legislation and in other governmental affairs." It is further prescribed in article 36 that "The infliction of torture by any public officer and cruel punishments are absolutely forbidden", and in paragraph 1 of article 38 that "No person shall be compelled to testify against himself."
108. Under the Constitution, public officers will be accused of abuse of authority if they abuse their authority to cause a person to perform an act which he/she has no obligation to perform, or to obstruct a person from exercising a right which he/she is entitled to exercise. Public officers performing or assisting in judicial, prosecutorial or police functions who abuse their authority and arrest or detain another will be accused of abuse of authority by a special public officer. And when public officers in the performance of their duties commit acts of violence or cruelty upon defendants in criminal actions or on other persons, they will be accused of violence and cruelty by special public officials. If public officers who are guarding or escorting other persons detained in accordance with a law or ordinance commit acts of violence or cruelty upon them, they will also be accused of violence and cruelty by special public officials.
109. As for criminal procedures, paragraph 2 of article 38 of the Constitution states that "Confessions made under compulsion, torture or threat, or after prolonged arrest or detention shall not be admitted in evidence." Paragraph 1 of article 319 of the Code of Criminal Procedure also stipulates that a confession which is suspected not to have been made voluntarily shall not be admitted in evidence, for the purpose of preventing acts of torture, etc. It is also considered that judges and investigators of a Family Court in juvenile court proceedings may be subject to crimes of abuse of authority or violence and cruelty by special public officials. In juvenile hearings, it is established in practice that juveniles have the right to remain silent and any confession admitting the fact of misconduct which is suspected not to have been made voluntarily is to be excluded from evidence.
110. Article 36 of the Constitution prohibits public officers from committing torture and cruel punishment on inmates of correctional institutions. Based on the Prison Law, the Juvenile Training School Law and the Constitution, inmates are to be treated humanely in that: their living quarters, clothes and bedding are kept clean; inmates are given sufficient food in consideration of their constitution, health, age and other conditions; and inmates are given proper medical care. To ensure that inmates in correctional institutions are not subjected to inhumane or degrading treatment, staff of the institutions undergo training programmes, conducted at Training Institute for Correctional Officials and branches located in each region, to learn how to treat inmates humanely. Moreover, there is a monitor system which enables inspectors to check the practices of correctional institutions. Inmates are afforded opportunities to demand better treatment at correctional institutions through interviews with directors of the institutions and petitions to the Minister of Justice. Furthermore, they can request the court to repeal measures taken against them by the directors of correctional institutions.
V. FAMILY ENVIRONMENT AND ALTERNATIVE CARE
A. Parental guidance (art. 5 and art. 18, para. 1)
111. Paragraph 1 of article 818 of the Civil Code of Japan prescribes that a child who has not yet attained majority is subject to the parental power of his/her father or mother. Articles 820 and 857 of the Civil Code stipulate that a person who exercises parental power and is the guardian of a minor has the right and incurs the duties of providing for the custody and education of the child.
112. Article 24 of the Constitution prescribes essential equality of the sexes with regard to matters pertaining to the family. Article 818 of the Civil Code provides for the joint exercise of parental power by the father and mother: parents, in principle, assume joint responsibility for raising and educating a child.
113. Article 1 of the Child Welfare Law stipulates further that "All the people shall endeavour to ensure the sound birth and growth of children, both in mind and body." Thus parents and legal guardians must regard the best interests of the child as their basic concern.
B. Parental responsibilities (art. 18, paras. 1-2)
114. The Government formulated the "New Domestic Action Plan towards 2000 AD (First Revision)" in May 1991, with the aim of creating "a society wherein women and men can participate together". The Government promotes various measures to establish an environment where both women and men can jointly participate in every corner of family and social activities, based on the philosophy of equality of the sexes. The principal targets under the Action Plan are to "correct the rigid conception of dividing roles between women and men" and to "promote the joint participation of women and men in the local community and family life". With regard to the former, the Government aims to correct the conventional idea that "men are for work and women are for families" which divides the roles of the sexes, and conducts public relations activities to encourage the revision of customs and habits in every social place, that is, at home, at the workplace and in the community. In relation to the last, the Government promotes public relations activities to raise the awareness of the general public that women and men are both responsible for housekeeping, child-rearing and nursing and should cooperate with each other to that end.
115. Home education by parents and legal guardians is essential for the formation of children's character. It is therefore important that they learn about home education in order to be able to determine the best interests of the child and acquire the capacity to respond properly to the needs of the child according to his/her stage of growth. The Government promotes and subsidizes learning activities concerning home education as part of adult education.
116. Home education classes. Since 1964, the Government has been subsidizing municipal authorities conducting programmes that provide parents and interested persons with opportunities to learn "home education". Key subjects include the family environment, such as the role and behaviour of parents as well as relationships among the family members, and the social environment surrounding children, such as the growth of the child and strengthening ties with school education.
117. Assistance programme for fathers' participation in home education. Since 1994, the Government has been subsidizing municipal offices holding home education seminars at companies and other workplaces to encourage the participation of fathers in home education. Some 40 seminars were held in 1994 throughout the country.
118. Provision of information on home education. There are various challenges to home education today, considering the growing worries and concerns about child-rearing among parents and such problematic behaviour of children as bullying. Prefectural authorities have been conducting various programmes for consolidating home education, for instance training experts in home education, providing opportunities to learn about home education, supplying information concerning home education through TV, and establishing telephone consultation services. The Government has been subsidizing these activities with the aim of promoting home education from a broad perspective since 1991. Such subsidies were implemented in 46 prefectures in 1994.
119. As part of child welfare policies, the Ministry of Health and Welfare offers counselling and assistance services to families with children at Child Guidance Centres, Family and Child Guidance Rooms and the Child Commission. The Ministry also implements the Telephone Information Service for Healthy Care, the Child and Family Counselling Service at children's centres, and the Healthy Rearing Counselling Programme for Infants and Toddlers at nursery schools. In 1994, the three services were revised under the Child and Family Counselling Programme to consolidate the framework of counselling services for families and children.
120. To serve as reference materials for persons involved in social education at prefectural and municipal levels, the Government has been regularly producing and distributing the Modern Home Education Series, which are compiled according to the different stages of growth of children. Moreover, it has been publishing the Future Home Education Series for parents and prospective parents since 1994. It has also been working to stimulate home education by holding the Home Education Forum every year since 1992, as a place for cross-generational information exchange on home education and for defining the ideal for cooperation between women and men in child-rearing in the new era.
121. In commemoration of the International Year of the Family in 1994, the Government conducted surveys in six countries, including Japan, to compare and contrast family and household trends, the existing state of home education, and the level of awareness of parents, exposing the distinctiveness and challenges in home education in contemporary Japan.
122. As for child-rearing, there are various assistance programmes provided in the fields of welfare, health/medical care, education and so on under the Child Welfare Law, Social Welfare Service law, Child Allowance Law, Child-Rearing Allowance Law, Law related to the Payment of Special Child-Rearing Allowances, Maternal and Child Health Law, Regional Health Law, Medical Service Law and School Education Law (refer to VI on assistance programmes in the fields of welfare and medical/health care, and to VII A on those in the field of education).
C. Separation from parents (art. 9)
123. Paragraph 1 of article 818 of the Civil Code provides that "a child who has not yet attained majority is subject to the parental power of its father and mother" and article 821 thereof stipulates that "a child shall establish its place of residence in the place designated by the person who exercises parental power". As a child is obliged to reside in the place designated by his/her parents according to their will and cannot be separated from his/her parents by a third party without legal grounds, children are thus inseparable from parents.
124. In Japan, there are cases where "competent authorities ... determine ... that ... separation is necessary for the best interests of the child" as referred to in paragraph 1 of article 9 of the Convention, that is, cases where: the prefectural government places the child in the care and custody of a foster parent or a protective trustee, or sends him/her to Child Welfare Facilities (art. 27, paras. 1-3, Child Welfare Law) as a measure against child abuse by the guardian (art. 28, Child Welfare Law); the Family Court designates the person in parental authority or the custodian upon the divorce of parents by agreement or trial (art. 819, Civil Code, etc.); the custodian of the child is to be changed (art. 766, para. 2, Civil Code); the person in parental authority is to be changed (art. 819, para. 6, Civil Code); the loss of parental authority on the part of the father or mother is pronounced (art. 834, Civil Code).
125. Under the Child Welfare Law, prefectural governments must obtain permission from a Family Court to place a child in the custody of foster parents or a protective trustee or to send him/her to Child Welfare Facilities against the will of the natural parents. The procedures are to be conducted by a Family Court according to the Law for Adjudgement of Domestic Relations and the Special Regulations on Adjudgement of Domestic Relations. In that event, the statement by the person who currently has the custody of a child and the person in parental authority (or the guardian in cases where he/she is not in parental authority), and the person in parental authority of the protected person or the guardian must be heard respectively (art. 19, para. 1, Special Regulations on Adjudgement of Domestic Relations). The statement by the child, if 15 full years old or more, must also be heard (art. 19, para. 2).
126. Designation and change of the person in parental authority and the guardian and the pronouncement of the loss of parental power are made in the Family Court pursuant to the Civil Code, the Law for Adjudgement of Domestic Relations and the Regulations on Adjudgement of Domestic Relations. The said Regulations prescribe the voluntary participation of interested persons in the event (arts. 14 and 131), and persons found to have an interest in the case may also participate in the procedure with permission from the Family Court. In cases where the Family Court conducts a hearing to designate or change the person in parental authority or to assign the guardian, the Court must hear the statement of the child if he/she is 15 years of age or more, under the provisions of articles 54 and 70 of the Regulations.
127. Though there are no express provisions in cases where the child is below 15 years of age, the Family Court hears the statement of the child by pertinent means, such as ordering ex officio the investigator of the Family Court to inquire into the case (art. 7, Regulations). In addition, it does not prevent the child from making a voluntary statement.
Right to maintain personal relations for a child separated from one or both parents
128. A child who is separated from one or both parents as referred to in paragraph 3 of article 9 of the Convention, may be considered, in concrete terms, as a child one or both of whose parents are, or who him/herself is detained in a Juvenile Training School, a Juvenile Classification Home, prison, immigration centre or mental hospital. Relevant laws and regulations prescribe as follows for the facilities and institutions, under which various measures are taken:
(a) In a Juvenile Training School, permission for meetings, correspondence and dispatch/receipt of parcels must be granted unless it is
found to be obstructive to correctional education (arts. 52 and 55 of the Juvenile Training School Treatment Regulation);
(b) In a Juvenile Classification Home, the child is permitted to meet relatives, guardians, attendants and other persons who are deemed necessary for the child. Correspondence is also allowed in so far as it does not harm discipline (arts. 38 and 40 of the Juvenile Classification Home Treatment Regulation);
(c) In a prison, the prisoners are permitted interviews and correspondence with their relatives (arts. 45 and 46 of the Prison Law);
(d) In an immigration centre, maximum freedom is guaranteed in so far as it does not pose a threat to the security of the centre (art. 61, para. 7, Immigration Control and Refugee Recognition Law), and meetings and correspondence are basically allowed (arts. 34 and 37 of the Regulations for Treatment of Detainee);
(e) In a mental hospital, communications and meetings are in principle unrestricted (art. 37 of the Mental Health Law, the Law relating to the Welfare of Mentally Handicapped Persons, and Notification No. 130 in 1988 issued by the Ministry of Health and Welfare).
129. The following measures are taken to provide the family with essential information concerning the whereabouts of the absent member(s) of the family as referred to in paragraph 4 of article 9 of the Convention:
(a) As for the whereabouts of a person housed in a correctional institution he/she is made to notify relatives of his/her whereabouts by correspondence; if he/she is illiterate, the staff of the institution will write a letter in his/her place. As for the whereabouts of a person housed in a Juvenile Training School or a Juvenile Classification Home, his/her relatives are informed without delay by dispatch of notices of detention or transfer from the institution;
(b) Upon the death of a person under detention, his/her relatives are promptly informed of the cause of death, the date of death and other necessary information by such reasonable means as telephone, etc.;
(c) If relatives make inquiries as to whether a specific foreigner is detained in an immigration centre as provided for in the Immigration Control and Refugee Recognition Law, their inquiries are answered after investigation;
(d) Upon the death of a foreign person under detention in a centre which is established under the provisions of the Immigration Control and Refugee Recognition Law, his/her family is promptly informed of the date of death and the cause of death;
(e) If the family makes inquiries as to whether a specific foreigner has been given a deportation order, they are informed of his/her destination, time/date of deportation and the flight number of the airplane.
D. Family reunification (art. 10)
130. The freedom of Japanese nationals to leave and enter the country is guaranteed under paragraph 2 of article 22 of the Constitution, which prescribes freedom to move to a foreign country. Although there is no explicit provision in the Constitution for the right to return to the country, it is interpreted that such right is guaranteed as a matter of course. The Immigration Control and Refugee Recognition Law merely provides for procedures to confirm Japanese nationals upon leaving from and returning to the country (arts. 60 and 61), and no provision exists which restricts departure from or re-entry into Japan. Pursuant to article 25 of the Immigration Control and Refugee Recognition Law, foreign persons may leave Japan in so far as the departure is confirmed by the immigration officer, and the right to leave Japan is also guaranteed for the children and parents of foreigners.
131. As provided for in the Immigration Control and Refugee Recognition Law, the application for entering and leaving Japan is also handled in proper ways in conformity with the provisions of paragraph 1 of article 10 of the Convention.
132. In Japan, however, there may be cases where the issuance of ordinary passports is restricted with respect to those who are involved in crime or might injure the interests of Japan or disturb public order, etc. as prescribed in the respective subparagraphs of paragraph 1 of article 13 of the Passport Law. Moreover, any foreigner who is prosecuted for a felony or subject to an arrest warrant may be temporarily prevented from leaving the country under the provisions of article 25-2 of the Immigration Control and Refugee Recognition Law. The restrictions are nevertheless minimal and in conformity with paragraph 2 of article 10 of the Convention.
133. The Japanese Government opened Immigration Information Centres in the Immigration Bureaux of Tokyo, Osaka and Nagoya and at the Yokohama Branch, where full-time special counsellors who are fluent in foreign languages are in charge of dealing with inquiries concerning the entry and residency of foreign nationals in Japan every day except on weekends and national holidays, on the basis of interviews and telephone consultations. At other Immigration Bureaux where Information Centres are yet to be established, counselling desks are available for foreigners having problems with entrance and residency in Japan. The Government is thereby working to provide information for family reunification.
E. Recovery of maintenance for the child (art. 27, para. 4)
134. The schemes described in the following paragraphs are operating in Japan.
135. If a child is to recover maintenance in Japan in cases where his/her parents or other persons having financial responsibility for the child live in Japan. Maintenance for the child may be requested as: (i) part of marriage expenses during a matrimonial relationship; (ii) part of care-and-custody expenses for the child upon divorce; or (iii) performance of the parents' duty to raise the child. The means to recovery, as provided for in the Law for Adjudgement of Domestic Relations, include: (i) conciliation with regard to the said issues; (ii) claim for part of marriage expenses in a contentious case; (iii) claim for maintenance in a contentious case regarding the care and custody of the child; (iv) claim for maintenance in a contentious case concerning financial support for the child; (v) collateral claims upon a divorce suit under the provision of paragraph 1 of article 15 of the Law of Procedure in Actions Relating to Personal Status. Aside from judgements on the approval of collateral claims in divorce suits referred to in (v), protocols recording the consent and adjudications ordering the issuance of maintenance have the same effect as a title of obligation with executory power. Therefore, maintenance may be recovered by compulsory execution if the obligor fails to perform his/her obligation voluntarily. In addition to compulsory execution mentioned above, the Law for Adjudgement of Domestic Relations establishes a framework for ensuring the obligor meets his/her domestic liabilities, under which the Family Court may recommend or order the performance of the duty as ruled by conciliation or adjudgement. A total of 9,610 domestic cases involving recommendations to meet financial obligations were settled in 1994, out of which 6,411 cases were settled with liabilities fully or partially met. In cases where an agreement is concluded with regard to the payment of maintenance, the performance of the maintenance agreement may be demanded by instituting a lawsuit.
136. If a child is to recover maintenance in Japan in cases where his/her parents or other persons having financial responsibility for the child live in a different country from the child. As the case of trial on maintenance shall be handled by the Family Court exercising jurisdiction over the domicile of the adverse party (art. 94, para. 1, Regulations on Adjudgement of Domestic Relations), the child may demand conciliation or trial on maintenance to the Family Court exercising jurisdiction over the last domicile of his/her parents, etc. If the most recent address of a child's parents in Japan does not exist or cannot be identified, the child may demand conciliation or trial on maintenance to the Family Court exercising jurisdiction over the place where the property is situated in Japan or where the Supreme Court designates. If an agreement on the maintenance for the child is concluded between parents, etc. the child may enter an action to the District Court or Summary Court exercising jurisdiction over the place of the most recent address of the parents or the place of performing the duties under the maintenance agreement. If property of parents, etc. which may be attached exist in Japan, the child may enter an action to the District Court or Summary Court exercising jurisdiction over the region where the property is situated. Moreover, if a judgement or decision has been passed by any court in Japan on the payment of maintenance, the property may be subject to compulsory execution pursuant to the judgement or decision for the child.
137. With regard to the maintenance obligation, Japan acceded to the Convention on the Law Applicable to Maintenance Obligation in respect of Children on 22 July 1977 and the Convention on the Law Applicable to Maintenance Obligation on 5 June 1986.
F. Children deprived of a family environment (art. 20)
138. As provided for in the Child Welfare Law, a child without a guardian or a child whose guardian is regarded as inappropriate to take care and custody of him/her is subject to temporary protection at the Child Guidance Centre. At the same time, if necessary, the child is transferred to an infant home or a protective institution. A foster-family system is also established under the provisions of the Child Welfare Law.
139. Infant homes. Infant homes are institutions for accommodating and rearing infants less than 12 months old in need of protection. As infants generally have little resistance to illness, infant homes give due attention to medical care in the operation of facilities. Therefore, doctors and nurses are stationed, paying special attention to the health care of infants.
On 1 March 1995, the number of infant homes totalled 117 and the total capacity amounted to 3,831 infants; 2,752 infants were being taken care of as of that date.
140. Protective institutions. Protective institutions are established for the purpose of protecting children without guardians, abused children, and others in need of protection on environmental grounds, excluding infants. Recent trends show that more children who are not offered proper care even if they do have parents are entering protective institutions. Entrance of children due to the disappearance, divorce and long-term illness of parents is on the increase, in addition to those for parental neglect and child abuse (see table 6).
Table 6. Children entering protective institutions, by reason
(unit %)
1987 survey
1992 survey
Note: Parents include one or both of the parents.
Table 7. Number of protective institutions (1 March 1995)
Number of institutions: 529 (public: 69, private: 460)
Capacity of accommodation: 33 406 (public: 4 492, private: 28 914)
Number of children: 26 929 (public: 2 954, private: 23 975)
141. Foster-parents. Foster-parents are volunteers, with the recognition of the mayor, who wish to take care at their homes of a child who either has no guardian or whose guardian is deemed to be inappropriate to take care of the child. Although nationwide campaigns are being launched to seek foster-parents every year to promote and encourage the idea of becoming a foster-parent, the number of foster-parents and foster-children have both been declining drastically. This has resulted from the reluctance of guardians to entrust children to others' care owing to the confusion with adoption, and from the low interest among the general public because of the common belief that one must be an extraordinary philanthropist to become a foster-parent (see table 8).
Table 8. Annual trends in the number of foster-parents
and fostered children
Given these facts, the Government has overcome the conventional idea that foster-parents must be humanitarians, and then has been working to promote the new foster-parent system since 1987, with a view to seeking foster-parents and educating the average person to become a praiseworthy foster-parent.
G. Adoption (art. 21)
142. The Civil Code defines two types of adoption in Japan: ordinary adoption and special adoption.
143. Ordinary adoption. Ordinary a