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UNEDITED VERSION
CRC/C/15/Add.231
30 January 2004
CONSIDERATION OF REPORTS SUBMITTED BY STATES PARTIES UNDER
ARTICLE 44 OF THE CONVENTION
Concluding Observations of the Committee on the
Rights of the Child: JAPAN
1. The Committee considered the second periodic report of JAPAN (CRC/C/104/Add.2)
at its 942nd and 943rd meetings (see CRC/C/SR.942-943), held on 28 January 2004,
and adopted at the 946th meeting, held on 30 January 2004, the following concluding
observations.
A. Introduction
2. The Committee welcomes the submission of the State party’s comprehensive periodic
report, as well as the detailed written replies to its list of issues (CRC/C/Q/JAP/2),
which gave a clearer understanding of the situation of children in the State party. It
further notes with appreciation the cross-sectoral delegation and welcomes the frank
dialogue and the positive reactions to the suggestions and recommendations made
during the discussion.
B. Positive aspects
3. The Committee notes with appreciation:
a) the adoption of the Law on Punishing Acts related to Child Prostitution and
Child Pornography and on Protecting Children (1999) and of the Child Abuse
Prevention Law (2000) and
b) the establishment of a National Plan of Action against Commercial and Sexual
Exploitation of Children in 2001
c) the formulation of the National Youth Development Policy in 2003.
4. The Committee notes with appreciation that the State party is the largest donor of
official development assistance (ODA) in absolute figures, and the fact that a
considerable amount of that assistance is allocated to social development including
health and education.
5. The Committee welcomes the State party’s ratification of ILO Convention no. 138
concerning the Minimum Age for Admission to Employment in 2000 no. 182
concerning the Prohibition and Immediate Action for the Elimination of the Worst
Forms of Child Labour in 2001.
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C. Principle areas of concern and recommendations
1. General Measures of Implementation
(arts. 4, 42 and 44, paragraph 6 of the Convention)
Committee’s previous recommendations
6. The Committee notes that some concerns and recommendations (CRC/C/15/Add.90 of
24 June 1998) made upon the consideration of the State party’s initial report
(CRC/C/41/Add.1) have been addressed through legislative measures and policies.
However, recommendations regarding, inter alia, non-discrimination (para. 35), the
excessively competitive nature of the school system (para. 43) and violence in schools
including bullying (para. 45) have not been given sufficient follow-up. The Committee
notes that those concerns and recommendations are reiterated in the present document.
7. The Committee urges the State party to make every effort to address those
recommendations from the concluding observations of the initial report that have
not yet been implemented and to address the list of concerns contained in the
present concluding observations on the second periodic report.
Declarations and reservations
8. The Committee is concerned about the State party’s declarations to articles 9 and 10
and reservation to article 37(c).
9. In accordance with the Vienna Declaration and Plan of Action of the World
Conference on Human Rights of 1993 (A/CONF.157/23), the Committee
reiterates its recommendation that the State party withdraw its declarations and
reservation to the Convention.
Legislation
10. The Committee is concerned that domestic legislation does not fully reflect the
principles and provisions of the Convention (see for instance paras. 22, 24 and 31 of
these concluding observations), and that while the Convention can be invoked directly
by the Courts, in practice this does not occur.
11. The Committee recommends that the State party undertake a comprehensive
review of its legislation and take all necessary measures to ensure its conformity
to the principles and provisions of the Convention and the rights-based approach
enshrined therein.
Coordination and National Plans of Action
12. The Committee notes the establishment of the Headquarters for Youth Policy within
the Cabinet Office which is mandated to coordinate policies on children and youth,
and as previously noted, the elaboration of the National Youth Development Policy.
However, the Committee is concerned that the National Youth Development Policy is
not a comprehensive plan of action and that the participation of children and civil
society in the elaboration and implementation of the Policy has been insufficient.
13. The Committee recommends that the State party
a) strengthen, in collaboration with civil society and youth organizations,
National Youth Development Policy to ensure that it is rights-based and
covers all areas of the Convention and takes into account the
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commitments of the World Fit for Children, the outcome document of the
2002 UN Special Session on Children;
b) continuously review the National Youth Development Policy, together
with civil society and children, in order to ensure that it effectively
addresses emerging issues and problems.
Independent Monitoring
14. The Committee is concerned that there is no independent nationwide system to
monitor implementation of the Convention. At the same time, the Committee
welcomes information that three prefectures have established local ombudsmen and
that the bill on the establishment of a Human Rights Commission will be resubmitted
to the Diet at its next session. In light of the delegation’s information that the draft bill
envisages a Human Rights Commission that is responsible to the Minister of Justice,
the Committee is concerned about the independence of that institution. In addition, it
is concerned that the planned Human Rights Commission does not have an explicit
mandate to monitor implementation of the Convention.
15. In light of its General Comment no. 2 on national human rights institutions, the
Committee recommends that the State party:
a) Review the Human Rights Protection Bill to ensure that the planned
Human Rights Commission will be an independent and effective
mechanism in accordance with the Paris Principles (General Assembly
resolution 48/134),
b) Ensure that the Human Rights Commission has a clearly defined mandate
to monitors the implementation of the Convention, deals with complaints
from children in a child-sensitive and expeditious manner and, provides
remedies for violations of their rights under the Convention;
c) Promote the establishment of local ombudsmen within prefectures, and
establish a system for them to coordinate with the Human Rights
Commission once it is established;
d) Ensure that the Human Rights Commission and local level ombudsmen
are provided with adequate human and financial resources and easily
accessible to children.
Data collection
16. The Committee is concerned at the lack of comprehensive data on all areas of the
Convention for all children between the ages of 0 and 18, and it also regrets the lack of
information on resources allocated to children from 0-18 years.
17. The Committee recommends that the State party strengthen existing
mechanisms for data collection, and where necessary establish additional
mechanisms for data collection, in order to ensure that data is collected on all
areas under the Convention and that it is disaggregated by age for all persons
under 18 years, and inter alia, gender, ethnic and indigenous minorities. It also
recommends that the State party gather data on budgetary allocations for
children identifying the amount and proportion of the State budget spent on
children from 0-18 years in the public, private and NGO sectors in order to
evaluate the impact and effect of the expenditures and also, in view of the costs,
the accessibility, and the quality and effectiveness of the services for children in
the different sectors.
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Cooperation with civil society
18. While noting the information provided by the delegation that there is a growing
tendency to improve cooperation with civil society, the Committee is concerned about
the lack of interaction between Government and NGOs, in particular in the area of
children’s rights.
19. The Committee recommends that the State party systematically cooperate with
civil society in implementing the Convention and the Committee’s concluding
observations.
Dissemination and training
20. The Committee welcomes the training activities undertaken by the State party for
judges, teachers, police officers, officials at correctional institutes, probation officers
and immigration officers. However it remains concerned that children and the public
at large, as well as many professionals working with, and for, children are not
sufficiently aware of the Convention and the rights-based approach enshrined therein.
21. The Committee recommends that the State party:
a) strengthen public awareness campaigns for the general public and children
on the Convention and, in particular, the fact that children are the subject of
rights;
b) continue to carry out systematic education and training on the principles and
provisions of the Convention for all persons working with and for children,
in particular teachers, judges, lawyers, parliamentarians, law enforcement
officials, civil servants, municipal workers, personnel working in institutions
and places of detention for children, health personnel, including
psychologists, and social workers;
c) evaluate the impact of awareness raising campaigns, training and education
programmes on attitudinal change, behaviour and the treatment of children;
d) include human rights education, and specifically child rights education, in
the school curriculum.
2. Definition of the child
(article 1 of the Convention)
22. The Committee is concerned that the minimum age of marriage is still different for
boys (18) than girls (16) and that the minimum age of sexual consent (13 years) is
low.
23. The Committee recommends that the State party:
a) raise the minimum age of marriage for girls to that of boys; and,
b) raise the minimum age of sexual consent.
3. General principles
(arts. 2, 3, 6 and 12 of the Convention)
Non-discrimination
24. The Committee is concerned that legislation discriminates against children born outof-
wedlock and that societal discrimination persists against girls, children with
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disabilities, Amerasian, Korean, Buraku and Ainu children and other minority groups,
and children of migrant workers.
25. The Committee recommends that the State party amend its legislation in order to
eliminate any discrimination against children born out of wedlock, in particular
with regard to inheritance and citizenship rights and birth registration, and
eliminate discriminatory terminology such as “illegitimate” from legislation and
regulations. The Committee recommends that the State party undertake all
necessary proactive measures to combat societal discrimination and ensure
access to basic services, in particular for girls, children with disabilities,
Amerasians, Koreans, Buraka, Ainu and other minorities, children of migrant
workers and refugee and asylum-seeking children, through inter alia public
education and awareness campaigns.
26. The Committee requests that specific information be included, in the next
periodic report, on the measures and programmes relevant to the Convention on
the Rights of the Child undertaken by the State party to follow up on the
Declaration and Programme of Action adopted at the 2001 World Conference
Against Racism, Racial Discrimination, Xenophobia and Related Intolerance,
and taking account of General Comment no. 1 on article 29(1) of the Convention
(aims of education).
Respect for the views of the child
27. While noting the State party’s efforts to improve respect for the views of the child, the
Committee remains concerned that traditional attitudes towards children in society
limit the respect for their views, within the family, schools, other institutions and
society at large.
28. The Committee recommends that the State party, in accordance with article 12 of
the Convention:
a) Promote and facilitate respect for the views of children and their
participation in all matters affecting them, in the family, courts, and
administrative bodies, institutions and schools, as well as in policy
development, and ensure that children are aware of this right;
b) Provide educational information to, inter alia, parents, educators,
government administrative officials, the judiciary and society at large on
children’s right to have their views taken into account and participate;
c) Undertake a regular review of the extent to which children’s views are taken
into consideration and of the impact this has on policies, programmes and on
children themselves;
d) Ensure that children participate systematically in meetings of boards,
committees and other groups determining policies in schools and other
institutions providing education, leisure and other activities for children.
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4. Civil rights and freedoms
(arts. 7, 8, 13-17 and 37(a) of the Convention)
Freedom of expression and association
29. The Committee is concerned about restrictions on political activities undertaken by
schoolchildren both on and off school campuses. It is also concerned that children
below the age of 18 require parental consent to join an association.
30. The Committee recommends that the State party review legislation and
regulations governing activities undertaken by schoolchildren on and off campus
and the requirement for parental consent to join an organization, in order to
ensure the full implementation of articles 13, 14 and 15 of the Convention.
Name and nationality
31. The Committee is concerned that a child of a Japanese father and foreign mother
cannot obtain Japanese citizenship unless the father has recognized that child before
its birth, which has, in some cases, resulted in stateless of children. It is additionally
concerned that undocumented migrants are unable to register the birth of their
children, and that this has also resulted in statelessness.
32. The Committee recommends that the State party amend the Nationality Law and
all other relevant legislation and regulations to ensure conformity with article 7
of the Convention so that no child born in Japan cannot become stateless.
Right to privacy
33. The Committee is concerned that children’s right to privacy is not fully respected, in
particular, with respect to searches of a child’s belongings, and the fact that staff in
institutions may interfere in a child’s personal correspondence.
34. The Committee recommends that the State party:
a) ensure the full implementation of a child’s right to privacy, including with
respect to personal correspondence and searching of personal effects;
b) amend the Minimum Standards for Child Welfare Institutions to ensure
conformity with article 16 of the Convention.
Corporal punishment
35. The Committee notes with concern that corporal punishment, although legally
prohibited in schools, is widely practiced in schools, institutions and in the family.
36. The Committee recommends that the State party:
a) Prohibit corporal punishment in institutions and the home;
b) Carry out public education campaigns about the negative consequences of
ill-treatment of children in order to change attitudes about corporal
punishment, and promote positive, non-violent forms of discipline in
schools, institutions and at home as an alternative to such punishment;
and,
c) strengthen complaints mechanisms for children in institutions and schools
to ensure that they deal with complaints of ill-treatment effectively and in
a child-sensitive manner.
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5. Family environment and alternative care
(arts. 5; 18 (paras.1-2); 9-11; 19-21; 25; 27 (para.4); and 39 of the Convention)
Child abuse and neglect
37. The Committee welcomes the measures undertaken to improve reporting and
investigation of child abuse which have had significant results. However, it is
concerned that:
a) there is no comprehensive and multi-disciplinary strategy for the prevention of
child abuse;
b) the number of cases prosecuted are still quite low; and,
c) that recovery and counselling services for victims are insufficient to meet the
increased demand for such services.
38. The Committee recommends that the State party:
a) Develop, in collaboration with inter alia civil society, social workers,
parents and children, a multi-disciplinary national strategy for the
prevention of child abuse;
b) review legislation with a view to improving protective measures for the
victims of child abuse in the family;
c) Increase the number of trained professionals providing psychological
counselling and other recovery services in a multi-disciplinary fashion to
victims at Child Guidance Centers; and
d) increase the training provided to law enforcement officials, social workers,
staff of Child Guidance Centers and prosecutors on how to receive,
monitor, investigate and prosecute complaints, in a child-sensitive
manner.
Adoption
39. The Committee is concerned that there is limited monitoring or control of domestic
and inter-country adoptions, and that there is very limited data available on domestic
and inter-country adoption.
40. The Committee recommends that the State party:
a) strengthen its system for monitoring domestic and inter-country
adoptions; and,
b) ratify and implement the 1993 Hague Convention No. 33 on Protection of
Children and Cooperation in Respect of Intercountry Adoption.
Child abduction
41. The Committee is concerned that there are insufficient safeguards to protect children
from abduction.
42. The Committee recommends that the State party ratify and implement the 1980
Hague Convention No. 28 on the Civil Aspects of International Child Abduction.
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6. Basic health and welfare
(arts. 6; 18, para. 3; 23; 24; 26; 27, paras. 1-3 of the Convention)
Children with disabilities
43. The Committee is concerned that children with disabilities, including mental
disabilities, remain disadvantaged in the enjoyment of their rights guaranteed by the
Convention, and are not fully integrated into the education system as well as other
recreational or cultural activities.
44. Taking into account the Committee’s 1997 day of general discussion on children
with disabilities (CRC/C/66, Annex V) and the UN Standard Rules on the
Equalization of Opportunities for Persons with Disabilities (GA Resolution 48/96
of 20 December 1993), the Committee recommends that the State party:
a) In collaboration with children with disabilities and relevant nongovernmental
organizations, review all policies affecting children with
disabilities to ensure they meet the needs of children with disabilities and
are in accordance with the Convention and the Standard Rules on the
Equalization of Opportunities for Persons with Disabilities;
b) Promote greater integration of children with disabilities in education and
recreational and cultural activities;
c) increase the human and financial resources allocated to special education
and services for children with disabilities.
Adolescent health
45. The Committee is concerned about the prevalence of mental and emotional disorders
among adolescents, including stress and depression, and the lack of a comprehensive
strategy on adolescent mental health. The Committee is also concerned that sexually
transmitted diseases (STDs) among youth are on the rise and it shares the State party’s
concern about drug abuse by adolescents in the State party. The Committee is also
concerned that children under the age of 18 require parental consent for medical
treatment and counselling.
46. The Committee recommends that the State party:
a) Undertake a study of adolescent health with a view to developing a
comprehensive adolescent health policy, which includes preventive
measures where appropriate, that addresses mental health, reproductive
and sexual health, drug abuse and other related issues;
b) Amend legislation in order to allow children under 18 to access medical
counselling and information without parental consent; and
c) Develop and implement programmes for the prevention of mental and
emotional disorders among adolescents and train teachers, social workers
and others working with children on how to address adolescent mental
health issues in a manner that is child-sensitive.
Youth suicide
47. The Committee is highly concerned about:
a) the high and increasing rate of youth suicide
b) the lack of qualitative and quantitative data on suicide and attempted suicide
and its causes;
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c) the fact that the police have been designated as one of the primary
organizations to deal with the issue of youth suicide.
48. The Committee recommends that the State party undertake an in-depth study of
youth suicide and its causes and use this information to develop and implement a
national plan of action on youth suicide, in cooperation with Child Guidance
Centers, social workers, teachers, health workers and other relevant
professionals.
7. Education, leisure and cultural activities
(arts. 28, 29 and 31 of the Convention)
49. The Committee notes the State party’s efforts to reform the education system and
bring it into greater conformity with the Convention, however, it is concerned that:
a) the excessively competitive nature of the education system has a negative
effect on the children’s physical and mental health and hampers the
development of the child to his or her fullest potential;
b) excessive competition for entry into higher education means that public school
education must be supplemented by private tutoring which is not affordable for
children from poorer families;
c) that communication and cooperation between parents and teachers with regard
to children problems and conflicts at schools is very limited;
d) although eligibility criteria has been broadened for graduates from foreign
schools in Japan applying to university, some continue to be denied access to
higher education;
e) night schools in the Tokyo Metropolitan Area, which offer flexible education
opportunities in particular for drop-outs, are being closed down;
f) children of minorities have very limited opportunities for education in their
own language; and,
g) despite review procedures, some history textbooks are incomplete or onesided.
50. The Committee recommends that the State party:
a) Taking into account the views of students, parents and relevant nongovernmental
organizations, review the curriculum with a view to
reducing the competitiveness of the school system while maintaining a
high level of quality of education so as to ensure that all students
graduating from high school have equal access to higher education;
b) develop measures, in collaboration with students and parents, to
effectively address problems and conflicts in schools, in particular violence
in school, including bullying;
c) encourage Tokyo authorities to reconsider the closing of night schools,
and expand alternative forms of education;
d) expand opportunities for children from minority groups to enjoy their
own culture, profess or practise their own religion and use their own
language;
e) strengthen review procedures for textbooks to ensure that they present a
balanced view.
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8. Special protection measures
(arts. 22, 38, 39, 40, 37 (b)-(d), 32-36 of the Convention)
Sexual exploitation and trafficking
51. As noted in para. 3, the Committee welcomes the adoption and implementation of the
Law on Child Prostitution and Child Pornography and on Protecting Children (1999).
However, it is concerned that:
a) the Penal Code maintains a narrow definition of rape as an act committed by a
male against a female;
b) all victims of sexual exploitation do not have access to appropriate recovery
and assistance services
c) there have been reports of child victims being treated as criminals;
d) reports of the practice of “enjo kosai” or compensated dating;
e) the low minimum age of consent, which might contribute to the practice of
“enjo kosai”, and hampers prosecution of sexual abuse of children.
52. The Committee recommends that the State party:
a) Amend legislation on sexual exploitation and abuse to ensure equal
protection for boys and girls;
b) Increase the number of trained professionals providing psychological
counselling and other recovery services to victims at Child Guidance
Centers;
c) Train law enforcement officials, social workers and prosecutors on how to
receive, monitor, investigate and prosecute complaints, in a child-sensitive
manner;
d) Develop preventive measures that target those soliciting and providing
sexual services, such as materials on relevant legislation on the sexual
abuse and exploitation of minors and education programs, including
programs in schools on healthy lifestyles; and,
e) Raise the minimum age of sexual consent.
Juvenile justice
53. While noting that the State party has undertaken a reform of the juvenile justice law
since the Committee’s consideration of its initial report, it is concerned that many of
the reforms were not in the spirit of the principles and provisions of the Convention
and international standards on juvenile justice, in particular with regard to the
minimum age of criminal responsibility, which was lowered from 16 to 14 years, and
pre-trial detention, which was increased from 4 to 8 weeks. It is concerned that an
increasing number of juveniles are tried as adults and sentenced to detention, and that
juveniles may be sentenced to life imprisonment. Finally, the Committee is concerned
of reports that children exhibiting problematic behaviour, such as frequenting places
of dubious reputation tend to be treated as juvenile offenders.
54. The Committee recommends that the State party:
a) ensure the full implementation of juvenile justice standards and in
particular articles 37, 39 and 40 of the Convention, as well the United
Nations Standard Minimum Rules for the Administration of Juvenile
Justice (the Beijing Rules) and the United Nations Guidelines for the
Prevention of Juvenile Delinquency (the Riyadh Guidelines), and in light
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of the Committee's 1995 discussion day on the administration of juvenile
justice;
b) amend legislation to abolish life imprisonment for juveniles;
c) strengthen and increase the use of alternatives to detention, including pretrial
detention, in order to ensure that deprivation of liberty is used only
as a last resort;
d) review the existing possibility for Family Courts to transfer a case against
a child of 16 years or older to the adult criminal court with a view to
abolishing this practice;
e) Provide legal assistance to children in conflict with the law throughout the
legal proceedings;
f) Ensure that children with problematic behaviour are not treated as
criminals; and,
g) Strengthen rehabilitation and reintegration programmes.
9. Optional Protocols to the Convention on the Rights of the Child
55. The Committee notes that the State Party has not ratified the Optional Protocols to the
Convention on the Rights of the Child on the sale of children, child prostitution and
child pornography, and on the involvement of children in armed conflict.
56. The Committee recommends the State party to ratify the Optional Protocol to the
Convention on the Rights of the Child on the sale of children, child prostitution
and child pornography, and on the involvement of children in armed conflict.
10. Dissemination of documents
57. Finally, in light of article 44, paragraph 6, of the Convention, the Committee
recommends that the second periodic report and written replies submitted by the State
party be made widely available to the public at large and that the publication of the
report be considered, along with the relevant summary records and concluding
observations adopted by the Committee. Such a document should be widely
distributed in order to generate debate and awareness of the Convention and its
implementation and monitoring within the Government, the Parliament and the
general public, including concerned non-governmental organisations.
11. Next report
58. The Committee expects to receive the third periodic report from the State party,
which should not exceed 120 pages (see CRC/C/118), on its due date of 21 May
2006.