Japan Second Periodic Report to the UN Committee on the Rights of the Child

* For the initial report submitted by the Government of Japan, see CRC/C/41/Add.1, for its consideration by the Committee, see documents CRC/C/SR.465-467 and CRC/C/15/Add.90.

A. The position of the Government of Japan’s with regard
to its decision to make reservations 6-7 5

B. Measures to harmonize national laws and policies with
the provisions of the Convention (art. 4) 8-10 5

D. Relationship between treaties and national laws and
other international laws (art. 41) 14 6

E. Precedents of the application of the principles or
provisions of the Convention to judicial judgements in Japan 15-16 6

F. Relief measures in cases of violation of the rights of the
child under the Convention 17-21 7

G. Comprehensive national projects on the rights of children
under the Convention 22-23 8

I. Joint implementation of youth policy with NGO and other
civil society groups 38 12

J. Implementation of measures to protect children’s economic,
social and cultural rights to the maximum extent
of available resources 39-45 12

M. Dissemination of information on the Convention to the public
(art. 44, para. 6) 74-76 23

A. Difference between the definition of “child” in the
Convention and that in Japanese domestic law 77-78 24

H. Right not to be subjected to torture or other cruel, inhuman
or degrading treatment or punishment (art. 37 (a)) 207-212 53

J. Abuse and neglect (art. 19); physical and psychological
recovery and social reintegration (art. 39) 259-283 63

C. Social security and childcare services and facilities
(arts. 26 and 18, para. 3) 322-325 77

C. Children in situations of exploitation; physical and
psychological recovery and social reintegration (art. 39) 447-513 106

D. Children belonging to a minority or on indigenous group
(art. 30) 514-516 117

Introduction

1. In October 1999, the population of children under 18 years of age stood at 23,261,000, accounting for 18.4 per cent of the total population. Families with children totalled 13,172,000, representing 29.3 per cent of households. When the National Action Programme for 2000 was drawn up in December 1991, children accounted for 23 per cent of the total population and families with children for 38.5 per cent of households. The number of children has been decreasing since then, which is a serious problem for Japan. In an effort to curb the decline in birth rates, the Government has been taking measures and will continue to do so.

2. Japan has been expanding its welfare and educational programmes, particularly since the end of the Second World War. All these programmes have attained a high level of achievement. By continuing these programmes, the Government intends to improve children’s and home welfare programmes and universal access to basic education.

3. As Japanese society becomes more and more complex, the social and family environments of children are undergoing major changes. New social problems have emerged, such as child prostitution, child pornography, bullying, juvenile delinquency, suicide, drug abuse and child abuse, and these continue to worsen. The Government of Japan is facing these problems, which have to be addressed urgently and effectively.

4. In addition to the Government, society as a whole, including individuals and non-governmental organizations (NGOs), plays an important role in dealing with human rights issues of children. In order for Japan to carry out its major responsibilities in the field of human rights, it is necessary for the Government and the community to cooperate constructively with each other and to assume their responsibilities based on a relationship of mutual trust.

5. On 22 April 1994, Japan ratified the Convention on the Rights of the Child. In May 1996, the Government of Japan submitted its initial report (CRC/C/41/Add.1) to the Committee on the Rights of the Child pursuant to article 44 of the Convention. Seven years after the ratification of the Convention, the Government of Japan is submitting its second periodic report. The present report provides information on measures introduced by the Government to solve recent social problems concerning children, as well as on its plans and opinions in response to the concluding observations of the Committee on the Rights of the Child formulated in June 1998 (CRC/C/15/Add.90).

A. The position of the Government of Japan with regard to its decision

to make reservations

6. The Government of Japan received the concluding observations of the Committee on the Rights of the Child on the initial report of Japan that was submitted in May 1996. In the light of the Vienna Declaration and Programme of Action of 1993, the Committee encouraged the State party to review its reservation and declarations with a view to their withdrawal.

7. In April 1994, less than a year after the World Conference on Human Rights held in June 1993, Japan ratified the Convention on the Rights of the Child. Upon ratification, Japan made a reservation to article 37 (c) of the Convention, as well as declarations on articles 9, paragraphs 1, and 10, paragraph 1. On submission of the present report, reiterating what had been stated in paragraph 13 of the initial report and answer 1 to the question put by the Committee, Japan does not have plans to withdraw its reservation and declarations.

B. Measures to harmonize national laws and policies with the provisions of the Convention (art. 4)

9. In the law partially amending the Child Welfare Law and other relevant laws enacted in June 1997, full consideration was given to ensuring conformity of these national laws with the Convention and to reflecting more effectively the objectives of the Convention, such as the best interests of the child and the right to express views. In May 1999, Japan adopted the Law on Punishing Acts related to Child Prostitution and Child Pornography and on Protecting Children. This Law, which came into effect on 1 November of the same year, together with the Child Abuse Prevention Law, adopted on 17 May 2000 and in force since 20 November of the same year, reflect the sincere efforts undertaken to protect children against any commercial sexual exploitation and other abuses and to ensure their sound development, thereby furthering the effective implementation of the Convention. Moreover, in February 2001, Japan’s Action Plan against Commercial and Sexual Exploitation of Children was developed. The plan is a compilation of measures for the prevention of commercial sexual exploitation of children such as child prostitution or child pornography, law enforcement in this area, and rehabilitation of child victims of such acts.

10. In addition, in order to contribute to the effective implementation of the Convention both domestically and internationally, Japan is hosting the Second World Congress against Commercial Sexual Exploitation of Children to be held in Yokohama, Japan, in December 2001. A large number of participants are expected to attend this Congress, presumably 1,300 to 2,000 persons from national Governments, international organizations and NGOs. The main topics will be child pornography, including its dissemination through the Internet, the prevention and protection of children against sexual exploitation, recovery of child victims, child trafficking and others. We believe this Congress will surely contribute to the effective implementation of the Convention.

C. Status of the Convention in domestic law

Respect for the rights provided for in the Constitution and other national laws

11. Concerning respect for the rights provided for in the Constitution and other national laws, see paragraphs 2 and 3 of the initial report.

12. Concerning the relationship between treaties and national laws, see answer 2 to the question put by the Committee.

13. As for the manner in which treaty provisions should be applied to the settlement of domestic cases, there is no precedent of a court decision explicitly showing whether or not the direct application of the provisions of the Convention is possible. The Government of Japan considers that the manner of application should be determined on a case-by-case basis, with due regard to the purpose and content of the provisions of the Convention.

14. See paragraphs 4-8 of the initial report and paragraph 9 above for the law concerning the partial amendment of the Child Welfare Law.

E. Precedents of the application of the principles or provisions of the Convention to judicial judgements in Japan

15. There are several precedents of claims brought to Japanese courts by persons who had allegedly suffered from violations of the Convention because of a national law or ordinance. However, there has never been any court ruling to the effect that the application of a national law or ordinance had resulted in a violation of the Convention.

16. One of the precedents concerns a regulation which stipulates that the governor shall designate floppy disks as harmful materials if they contain computer software showing obscene pictures, and that their sale shall be prohibited to juveniles. A claim brought to a court asserted that the regulation violated the provisions of the Constitution of Japan as well as the Convention. The court judgement was that the regulation in question could not be regarded as a violation of the Convention because (a) the Convention stipulates that children should be granted access to information, except materials harmful to their sound development; (b) the Convention obviously cannot be interpreted as prohibiting States parties from regulating children’s free access to harmful information and materials regardless of the consequences, while it leaves the decision on whether to allow children access to such harmful information and materials to their parents or legal guardians alone; and (c) the regulation in question can be considered a “law” in the sense of article 13, paragraph 2, of the Convention, based on the interpretation that this definiton of “law” includes not only national laws adopted by the Diet, but also regulations established by the assembly of a local government (Miyazaki Branch, Fukuoka High Court, 1995).

F. Relief measures in cases of violation of the rights of the child provided

17. As mentioned in paragraph 15 of the initial report and answer 7 to the question from the Committee, Volunteers for Children’s Rights Protection are organized as part of administrative measures to ensure children’s rights. Major activities of the Volunteers include collecting and arranging information about children’s rights, investigating and dealing with cases of infringement of children’s rights, providing counselling services for children, and drafting plans for educational programmes to raise public awareness of the importance of protecting children’s rights. Specifically, the Volunteers receive enquiries on children’s rights in counselling rooms and through the “Children’s Rights Dial 110” telephone service. Furthermore, the Volunteers hold meetings and discussions on children’s rights in cooperation with activity groups for children, and conduct surveys on public awareness and attitudes towards children’s rights. When there is suspicion of a violation, the Volunteers take appropriate measures in cooperation with the Legal Affairs Bureau and the District Legal Affairs Bureaux.

18. For fiscal year 2001, the budget for the activities of the Volunteers for Children’s Rights Protection was 14,449,000 yen, of which 12,605,000 were allocated for travel expenses to participate in children’s rights counselling room activities or training sessions, and 1,844,000 yen for the acquisition of books and materials to provide practical information. Currently, there are 688 Volunteers nationwide.

19. Volunteers for Children’s Rights Protection are selected and appointed by the Director-General of the Human Rights Bureau of the Ministry of Justice from among human rights volunteers, carefully selected through a democratic procedure. First, mayors of municipal governments select candidates for volunteers, taking into consideration the opinion of their assemblies, and recommend them to the Minister of Justice. Mayors must select candidates from among residents of their municipal community who have the right to vote for the members of the community’s assembly. Also, candidates should have a high level of knowledge of human rights as well as other social issues in various fields, and a deep understanding of the importance of protecting human rights. The Minister of Justice then appoints human rights volunteers from among the candidates, after hearing the opinion of the bar associations and the prefectural Association of Human Rights Volunteers.

20. Some of the tasks performed so far by the Volunteers for Children’s Rights Protection include the above-mentioned counselling services through the counselling rooms or “Children’s Rights Dial 110”, monitoring of violations of children’s rights through the distribution of so-called “no bullying” cards, investigation and relief activities in cases of violation, and public awareness-raising activities through bulletins and the mass media as well as in cooperation with the Board of Education and other relevant organizations.

G. Comprehensive national projects on the rights of children

under the Convention

22. In December 1991, Japan prepared its national action plan pursuant to paragraph 34 (i) of the Plan of Action for Implementing the World Declaration on the Survival, Protection and Development of Children in the 1990s, adopted by the World Summit for Children in September 1990. In July 1996, an interim review of the action plan was prepared upon request by the Secretary-General of the United Nations, and another one in October 1998 for the Fourth East Asia and Pacific Ministerial Consultation on Goals for Children and Development Towards the Year 2000. Another national report was presented to the special session of the General Assembly in September 2001 as a follow-up to the World Summit for Children.

23. As mentioned in paragraph 10 above, Japan is hosting the Second World Congress against Commercial Sexual Exploitation of Children in December 2001. The first World Congress, held in Stockholm in August 1996, adopted the Declaration and Agenda for Action against Commercial Sexual Exploitation of Children, which included issues such as child pornography, child prostitution and the sale of children for these purposes. The Agenda for Action called upon all States to develop national agendas for action against the commercial sexual exploitation of children. Japan’s Action Plan against Commercial Sexual Exploitation of Children was developed pursuant to this decision.

H. National scheme for implementation of the Convention

24. As mentioned in paragraphs 26 to 29 of the initial report, measures related to children cover a wide range of issues, including welfare and education, and many relevant administrative agencies are involved in their implementation.

25. Before the recent administrative reorganization, the Management and Coordination Agency was responsible for the coordination of youth-related measures enforced by the relevant authorities, with the assistance of the Committee for the Promotion of Youth Policy composed of bureau chiefs of relevant ministries and agencies, in order to ensure the comprehensive and effective implementation of measures undertaken by relevant authorities when these measures are seen as part of Government-wide efforts as a whole. On 24 July 1998, the Committee for the Promotion of Youth Policy welcomed new members, including chiefs of relevant bureaux of the Prime Minister’s Office, the Economic Planning Agency, the Ministry of Finance, the National Tax Administration Agency and the Ministry of International Trade and Industry. At the same time, the membership of the liaison conference organized by the Committee was enlarged. Furthermore, the Committee’s guidelines which set out the fundamental policy and priorities for the promotion of youth policy were revised during that meeting, explicitly indicating how the Convention on the Rights of the Child should relate to fundamental policies. Thus, efforts have been made to establish a Government-wide system for a comprehensive implementation of youth policy.

26. Since the administrative reorganization in January 2001, the Cabinet Office has been in charge of the general coordination of all measures, in close cooperation with the relevant ministries and agencies and also with the help of various organizations, including the Committee for the Promotion of Youth Policy. In this way, the Government of Japan has been implementing measures for children comprehensively and effectively while developing various other measures. So far, no plans exist to establish a new system of coordination within the Government. However, further efforts will be made to comprehensively promote measures for children under the existing system, in close collaboration with the relevant administrative agencies.

27. In pursuit of the sound development of young people and prevention of juvenile delinquency, the Government, by comprehensively promoting child-related measures, pays close attention to the aims of the Convention as well as to to recently issued concluding observations made by the Committee on the Rights of the Child.

28. Concerning mechanisms for monitoring implementation of the Convention, answer 6 to the question of the Committee addresses this issue.

29. As mentioned in paragraph 27 of the initial report, the Cabinet Office, which took over the duties of the former Management and Coordination Agency, has been making efforts to comprehensively promote youth-related measures while maintaining coordination between national and local levels of government. Specifically, the Cabinet Office holds liaison conferences with departments and bureaux responsible for promoting youth policy at prefectural and municipal levels and promotes exchange of information between national and local governments.

30. Local governments demonstrate an active commitment to implementing measures to promote the protection of, and respect for, children’s rights, as called for in the Convention. For example, they make efforts to raise public awareness of the Convention through public relations activities; conduct various child welfare measures and convene the “Children’s Assembly” with the aim of promoting children’s participation in society, in accordance with the aims of the Convention.

31. Each local government uses different means to achieve the aim of implementing the Convention, taking into account the conditions specific to its region. Therefore, the degree of implementation and attained performance vary from one region to another. Continued efforts are being made to reduce regional disparities, as considered necessary, among measures undertaken by respective local governments which are also responsible for implementing them, and to this end, the national authorities advise relevant departments and bureaux of local governments, give instructions and advice to other organizations under the central administrative bodies, and hold liaison conferences with local governments.

32. In Japan, protection of children’s rights is ensured through measures implemented by each ministry and agency. Each ministry and agency is responsible for implementing such measures and assessing the performance and progress of them.

33. See paragraph 28 of the initial report for the Government’s counselling services and organizations concerning youth issues.

34. The Government of Japan considers it important that not only the Government but also society as a whole should contribute to the effective implementation of the Convention. In this perspective, the Government fully appreciates the activities initiated by private organizations to promote and facilitate the protection of children’s rights, and understands the significance of such activities and their contribution to the implementation of the Convention. Therefore, the Government pays great attention to the effective utilization of the expertise of private organizations in implementing the Convention. The following are some examples of successful government cooperation with private organizations:

(a) In implementing the Convention, the Government actively tries to create opportunities to hold discussions with NGOs. In fact, this report reflects the opinions of NGOs that show an interest in the Government’s measures related to the Convention. In the process of preparing this report, two meetings were held under the auspices of the Ministry of Foreign Affairs between the Government and NGOs, with the aim of hearing their points of view and reflecting them in the report when considered necessary and appropriate;

(b) The Volunteers for Children’s Rights Protection liaise with schools, child guidance centres, local communities, parent-teacher associations, local welfare volunteers, etc. in view of the area’s situation, since these contacts are helpful for the Volunteers in their duties to collect and arrange information about children’s rights, and to design and implement plans of public awareness-raising activities to educate people on the protection of children’s rights;

(c) Child guidance centres, as public organizations, are active in detecting cases of child abuse without delay and taking appropriate action. The Government has sent a notice to all governors, suggesting that the local governments should encourage child guidance centres to cooperate with local private organizations engaged in the prevention of child abuse. In order to detect cases of child abuse without delay and to take prompt action, it is essential that relevant organizations, including welfare, health-care, police, educational and legal organizations cooperate effectively. Under this policy, the Conference against Child Abuse brought together representatives from the ministries responsible and 20 regional private organizations across the nation. There is also a network against child abuse in each prefecture and in some cities. In addition, the Government has been encouraging the establishment of municipal conferences against child abuse with the aim of promoting cooperation at the municipal level close to the public;

(d) We have been pursuing educational activities for the elimination of child prostitution in cooperation with the Japan Committee for the United Nations Children’s Fund (UNICEF), for the purpose of protecting children from sexual abuse and exploitation. We maintain close liaison with the Committee and other relevant organizations to prepare for the Second World Congress against Commercial Sexual Exploitation of Children;

(e) We also financially support private organizations engaged in projects to improve child welfare, including education and maternal/child health-care projects in developing countries, through the gratuitous financial support system designed for grass-roots activities and the subsidy system for NGO projects.

35. As mentioned above, the protection of children’s rights in Japan is ensured through the implementation of measures initiated respectively by each ministry and agency, where the responsibility for each measure is taken by the ministry or agency which has implemented it, and each ministry and agency is supposed to make an evaluation of the performance and progress of its measures. We consider it very important to involve the whole of society in the efforts being made by the Government for the effective implementation of the Convention. In this light, the Government fully respects activities initiated by private organizations to promote the protection and facilitation of children’s rights, and understands the significance of such activities and their contribution to the implementation of the Convention. Although there are no plans to introduce an ombudsman for children, the Government of Japan, in conformity with this policy, intends to continue promoting the implementation of the Convention under the existing system, while maintaining close liaison with relevant administrative bodies and in cooperation with private organizations.

37. There is no nationwide system to evaluate the implementation of the Convention on a regular basis. However, as mentioned above, protection of children’s rights is ensured in Japan through the implementation of measures initiated respectively by each ministry and agency, where the responsibility for each measure is taken by the ministry or agency that has implemented it, and each ministry and agency is supposed to make an evaluation of the performance and progress of its measures. The Government has been making efforts to guarantee the protection of children’s rights through the implementation of various measures aiming at promoting the sound development of children, and continues, under the current scheme, to work towards the comprehensive promotion of these measures in accordance with the Convention and in cooperation with relevant administrative organizations.

38. As described in paragraph 34 above, the Government actively cooperates with civil society in the implementation of the Convention.

J. Implementation of measures to protect children’s economic, social and cultural

Budget allocated for social benefits of children

39. The general account budget of the Japanese national Government for fiscal year 2000 was 63.2 trillion yen (excluding government bonds), of which approximately 5.3 trillion yen or 8.4 per cent was allocated to youth policy. We believe that our budget for youth policy is sufficient for promoting the protection of children’s rights to fulfil the provision of the Convention which stipulates that State parties shall undertake youth measures to the maximum extent of their available resources (art. 4). In 2000, approximately 17.5 billion yen were set aside for health-care measures such as promotion of health, maternal and child health care and sports, about 3.5 trillion yen were allocated to education-related measures such as the promotion of study programmes and home education, the improvement of school education and occupational training programmes for young people, and approximately 728.3 billion yen were allocated to social services such as child-rearing support services, maternal and child welfare services, measures for mentally and physically handicapped children, child allowances and the improvement of child welfare institutions.

40. It should be noted that the above-mentioned budgets are aggregate budgets presumably related, directly or indirectly, to the sound development of juveniles, including children. Resources allocated to social services are for expenditures for the whole population, and it is difficult to calculate the exact resources spent specifically on children. As for local budgets, the national authorities do not always dispose of a detailed breakdown, but every prefecture certainly allocates sufficient resources to youth policies, just as central ministries and agencies do, to the maximum extent of each organization’s available resources, as stipulated by article 4 of the Convention.

41. The following table shows the recent trend of the above-mentioned budget for youth policy, as compiled by the Cabinet Office.

Fiscal year	Total budget (initially allocated) (In thousands of yen)	Budget allocated for youth policy (In thousands of yen)	Ratio of the youth policy budget (percentage)
1996	58 729 726 369	5 155 480 507	8.8
1997	60 587 675 115	5 218 009 563	8.6
1998	60 406 363 032	5 177 290 727	8.6
1999	62 028 199 364	5 216 162 314	8.4
2000	63 021 711 948	5 268 780 743	8.4

Notes: Excluding expense for government bonds. The budget for the fiscal year 1996 includes the special account budget.

Respect for the best interests of the child in the process of the Government’s budget settlement

42. In view of the possible ill effects of falling birth rates in recent years on the sound development of children, the New Angel Plan was formulated for a five-year period beginning in fiscal year 2000. The New Angel Plan is a concrete set of measures to counter the decline in fertility, including improving child-rearing support services such as day-care services, and creating a work environment in which work and child-rearing are compatible. Based on this plan, expenditures are earmarked for budgetary items related to the child and the family, such as the improvement of nursery services and the promotion of after-school children’s clubs.

Efforts to reduce regional and social disparities in social services

43. Concerning efforts undertaken to reduce regional and social disparities in access to social services, under the New Angel Plan, the Government has been working towards the improvement of day-care services and other services to assist child-rearing, both in terms of quality and quantity of such services all over the country. Specifically, the Plan aims at expanding the capacity of day-care centres for small children, promoting the introduction of extended nursery care and a holiday nursery care system, and promoting after-school children’s clubs to support working parents.

Protection of children from the negative effects of economic measures; economic measures to protect children

44. Child and child-rearing allowances are part of the social benefit system for child-rearing support. The child allowance scheme, introduced in 1972, aims at stabilizing family life by relieving the household’s economic burden arising from child-rearing, and at supporting the sound development of children who represent the next generation of society. This scheme was amended in 2000, extending the upper age limit of beneficiaries up to when a child enters compulsory education, that is, the first day of the fiscal year after a child’s sixth birthday. This amendment has been introduced to respond to the accelerating decline in birth rates and to the changing social environment of children and families, and aims at enhancing the economic support to families engaged in child-rearing. The child-rearing allowance scheme aims at enhancing the economic stability and independence of monoparental families following divorce or separation of the parents, and this allowance is provided for qualified children under the policy to facilitate their welfare. The eligibility for both allowances is subject to an income limit set by a government ordinance. The income ceiling varies according to the number of the beneficiary’s dependants.

45. Under the Public Assistance Law, welfare benefits are provided to those living in poverty who are unable to maintain the minimum standard of living guaranteed by the Constitution of Japan. Under this scheme, a household is eligible if its income is below the minimum subsistence level set by the Ministry of Health, Labour and Welfare. Living aid allowances are provided in cash or, where appropriate, in kind, in order to satisfy the need for food, clothes and other daily necessities. Housing aid allowances are provided in cash or, where appropriate, in kind, in order to satisfy the need for housing, housing repairs and other maintenance work.

46. Concerning bilateral cooperation, Japan has been actively providing official development assistance (ODA) for social development. In 1999, about 20 per cent of bilateral ODA was allocated to this

Eligibility	Any child
Term of allowance	Expires on the first day of the fiscal year following the child’s sixth birthday
Amount	First or second child: 5,000 yen per month As of the third child: 10,000 yen per month
Annual household income (effective June 2001)	Annual income should not exceed 4,150,000 yen (for a four-person household)
Special allowance (effective June 2001)	Employees or public employees who are considered ineligible for child allowance in terms of the above-mentioned income ceiling but whose annual income is below 5,740,000 yen (for a four-person household) are eligible for a benefit equivalent to the amount of child allowance paid by their employer
Number of children qualifying for child allowance	2,407,489 (at end of February 2000)

Eligibility	A mother or legal guardian of a child whose father is alive but lives separately and is not responsible for supporting the child is eligible for this allowance until the end of March following the child’s eighteenth birthday, or twentieth birthday, in the case of a handicapped child
Amount	42,370 yen per month for the full allowance and 28,350 yen for the partial allowance (as of April 1999) for the first child. For the second child, 5,000 yen are added to the above-mentioned amount, and 3,000 yen for each additional child
Number of children qualifying for child-rearing allowance	Approximately 1.02 million (at end of March 2000)

committee on the rights of the child

consideration of reports submitted by states parties
under article 44 of the convention

Second periodic reports of States parties due in 2001

japan*

Introduction

A. The position of the Government of Japan with regard to its decision

to make reservations

C. Status of the Convention in domestic law

G. Comprehensive national projects on the rights of children

under the Convention

H. National scheme for implementation of the Convention

Budget allocated for social benefits of children

Efforts to reduce regional and social disparities in social services

committee on the rights of the child

consideration of reports submitted by states parties under article 44 of the convention

Second periodic reports of States parties due in 2001

japan*

Introduction

A. The position of the Government of Japan with regard to its decision

to make reservations

C. Status of the Convention in domestic law

G. Comprehensive national projects on the rights of children

under the Convention

H. National scheme for implementation of the Convention

Budget allocated for social benefits of children

Efforts to reduce regional and social disparities in social services

consideration of reports submitted by states parties
under article 44 of the convention