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United Nations Committee on the Rights of the Child - States Parties Reports |
UNITED
NATIONS |
|
CRC
|
Convention on the
Rights of the Child |
Distr.
GENERAL CRC/C/104/Add.2
24 July 2003 Original: ENGLISH
|
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*
* 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.
GE.03-43286 (EXT)
CONTENTS
Paragraphs Page
Introduction 1-5 4
I. GENERAL MEASURES OF IMPLEMENTATION 6-76 5
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
C. Status of the Convention in domestic law 11-13 6
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
H. National scheme for implementation of the Convention 24-37 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
K. International cooperation for implementation
of the
Convention 46-57 15
L. Public relations activities for the Convention 58-73 19
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
B. Age limitation applied to legal capacity in Japan 79-107 24
A. Non-discrimination (art. 2) 108-124 30
B. Best interests of the child (art. 3) 125-141 33
C. Right to life, survival and development (art. 6) 142-148 37
D. Right to express views (art. 12) 149 38
A.
Name and Nationality (art.7) 166-178 42
Paragraphs Page
B. Preservation of identity (art. 8) 179-180 45
C. Freedom of expression (art. 13) 181-182 45
D. Freedom of thought, conscience and religion (art. 14) 183-184 46
E. Freedom of association and peaceful assembly (art. 15) 185 46
F. Protection of privacy (art. 16) 186-191 46
G. Access to appropriate information (art. 17) 192-206 47
H. Right not to be subjected to torture or other cruel, inhuman
or
degrading treatment or punishment (art. 37 (a)) 207-212 53
A. Parental guidance (art. 5) 213-217 54
B. Parental responsibility (art. 18, paras. 1-2) 218-224 55
C. Separation from parents (art. 9) 225-235 57
D. Family reunification (art. 10) 236-240 59
E. Illicit transfer and non-return of children abroad (art. 11) 241 59
F. Recovery of maintenance for the child (art. 27, para. 4) 242-243 59
G. Children deprived of a family environment (art. 20) 244-248 60
H. Adoption (art. 21) 249-255 60
I. Periodic review of placement (art. 25) 256-258 62
J. Abuse and neglect (art. 19); physical and psychological
recovery and
social reintegration (art. 39) 259-283 63
A. Children with disabilities (art. 23) 284-293 68
B. Health and health services (art. 24) 294-321 72
C. Social security and childcare services and facilities
(arts. 26 and
18, para. 3) 322-325 77
D. Standard of living (art. 27, paras. 1-3) 326-328 77
A. Education (art. 28) 329-358 78
B. Aims of education (art. 29) 359-375 83
C. Leisure, recreation and cultural activities (art. 31) 375-382 86
A. Children in situations of emergency 383-393 89
B. Children in conflict with the law (arts. 40, 37, 39) 394-446 91
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
“The child shall be respected as a human
being
The child shall be esteemed as a member of society”
(excerpt
from the Children’s Charter of Japan.)
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).
I. GENERAL MEASURES OF IMPLEMENTATION
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)
8. See paragraph 12 of the initial report of Japan.
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.
Relationship between
treaties and national laws
12. Concerning the relationship
between treaties and national laws, see answer 2 to the question put by the
Committee.
Direct application of the Convention to judicial
decisions
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.
D. Relationship between treaties and national laws and
other international
laws (art. 41)
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
under the Convention
1. Volunteers
for Children’s Rights Protection
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.
2. Human Rights Volunteers
21. See paragraph 16 of the initial report.
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
1. Authorities responsible for implementation of the various provisions
of the Convention; coordination and monitoring of the progress
made in this regard
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.
2. Coordination between central Government and local
governments
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.
3. Relationship between governmental organizations responsible for
children’s rights and NGOs
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.
4. Independent organizations for the protection of
children’s rights,
including Ombudsmen
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.
5. Collection of data and promoting the effective
utilization of statistics
36. Concerning this point, see answer 5 to the question from the
Committee.
6. Regular evaluation of the status of implementation of the Convention
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.
I. Joint implementation of youth policy with NGO and other
civil
society groups
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
rights to the maximum extent of
available resources
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.
Trends in budget
allocation for youth policy
41. The following table shows the
recent trend of the above-mentioned budget for youth policy, as compiled by the
Cabinet Office.
Table 1
Data on the budget for youth policy
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.
Outline of the child allowance
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)
|
Outline of the child-rearing allowance
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)
|
K. International cooperation for implementation of the
Convention
Bilateral cooperation
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 sector. Since 1991, Japan has been the world’s top donor
(nine consecutive years).
47. Assistance in education, public health and
population, sectors which are responsible for ensuring maternal and child health
care,
increasing welfare and popularizing child education, has been provided
mainly in the form of grant aid and technical cooperation.
In 1999, US$1,572.57
million, or 11.4 per cent of bilateral ODA, were committed to such programmes.
In particular, grant aid for
health and medical-care projects amounted to an
average of about 15 per cent of all grant aid provided from 1994 to 1998; 16 per
cent of all experts dispatched for technical transfer and human resource
development are active in these sectors, as well as about
17 per cent of all
trainees. In the field of health and medical care, population, family planning,
and primary and secondary education,
project-type technical cooperation, which
consists of dispatching experts, receiving trainees and providing equipment, has
been carried
out and Japan Overseas Cooperative Volunteers have also been
dispatched. In the field of education, a grant aid of 194.5 million
yen was
allotted to the construction of elementary and secondary schools.
48. In
April 2000, representatives from the whole world met in Dakar for the World
Education Forum which led to the adoption of the
Dakar Framework for Action,
setting six goals, including ensuring that by 2015 all children have access to
primary education of good
quality. In addition, the G8 Kyushu-Okinawa summit
meeting held in July 2000 strongly supported the Dakar Framework. The summit
also
urged countries with sound education strategies to provide further
assistance, focusing on education in poverty reduction strategies
in partnership
with developing countries.
49. Based on these developments, the former
Ministry of Education investigated future policies of cooperation with its
Council of
International Cooperation in Education and prepared a report in
November 2000. The report suggested the necessity to understand developing
countries’ needs in educational cooperation and to develop a plan
accordingly, as well as to promote cooperation activities
with elementary and
secondary schoolteachers as experts or volunteers, and to make active use of the
human resources of universities
in education cooperation, paying due regard to
the share of educational cooperation in ODA. Based on these suggestions, a
cooperation
system is currently being developed.
50. Japan is also
making efforts to address the issues of children as part of its contribution to
global issues. Under the Common
Agenda between Japan and the United States
(Common Agenda for Cooperation in Global Perspective) launched in 1993, Japan
has been
providing support for measures to combat infectious diseases, including
AIDS, and measures to promote basic health and medical care
such as maternal and
child health, population, family planning, etc., and has been developing
cooperation projects to eradicate polio
in accordance with the agenda of
“population and health” which encompasses the fields of population,
AIDS and children’s
health. Concerning “population and AIDS”,
in the Global Issues Initiatives on Population and AIDS launched in February
1994, Japan had announced contributions for a target amount of US$3 billion by
fiscal year 2000. By 1998, Japan had disbursed about
US$3.7 billion, more than
the target amount. In the field of “children’s health”,
eradicating polio is the top
priority issue. In the Western Pacific region,
where Japan had been active on a priority basis, the initiative turned out to be
successful,
and the region was certified free of endemic wild poliovirus by the
World Health Organization (WHO) in October 2000. Working towards
the global
target to eradicate polio by 2005, Japan is expanding its assistance to South
Asia and Africa, and spent 3,791 million
yen in fiscal year 1999. The
International Research Center for Medical Education was established at the
University of Tokyo in 2000
and serves as a base for promoting international
cooperation for medical education with universities etc.
51. Of the 1.3
billion people living under the poverty line in the world, 70 per cent are
women. In education, employment and health,
women are in vulnerable positions.
In order to maintain balanced, sustainable development in developing countries,
it is necessary
to design gender-balanced development projects and to draw some
benefits from them. With such a perspective, Japan announced its
WID (Women in
Development) Initiative in 1995, declaring that its would emphasize education,
health, and economic and social activities
for women in implementing its
development assistance. At the G8 Kyushu-Okinawa summit, the leaders of the
world’s leading industrialized
countries agreed to start a battle against
infectious diseases, including HIV/AIDS, tuberculosis (TB) and malaria, that
hamper social
and economic development in developing countries. They agreed to a
set of goals to be implemented through a “New Partnership”
of
advanced and developing nations, international institutions and civil society.
On the occasion of the summit, Japan, as chair
of the meeting and leading donor,
announced the Okinawa Infectious Disease Initiative enhancing its assistance,
with the target of
allocating a total of US$3 billion over the following five
years to measures to combat infectious and parasitic diseases, including
HIV/AIDS. As a follow-up to the G8 Kyushu-Okinawa summit, the Okinawa
International Conference on Infectious Diseases took place
in December 2000 to
discuss ways of implementing and strengthening the “New
Partnership”. It was attended by representatives
of the G8 nations,
developing countries, international organizations and
NGOs.
Cooperation with international
organizations
(a) Cooperation for implementing relief
measures for children
52. Japan has made financial contributions to
UNICEF since 1952. In fiscal year 1999, with a contribution to the UNICEF
general budget
of US$ 64.8 million, Japan was the third largest donor. Japan has
also been promoting girls’ education, making a special contribution
to the
UNICEF project for education for female students, with an annual amount of
US$ 1 million since 1995. Besides, Japan has extended
financial
contributions to UNICEF emergency programmes, such as humanitarian assistance to
East Timor in 1999, and the programme
for rebuilding schools in Kosovo in 2000.
Moreover, Japan has been extending assistance under the multilateral-bilateral
aid scheme
with UNICEF, whereby bilateral aid by Japan and multilateral aid by
UNICEF complement each other’s resources in order to improve
aid
efficiency. In fiscal year 1999, Japan contributed roughly 430 million yen of
vaccines, equipment, etc. to the Expanded Programme
on Immunization (EPI) in 14
countries in Africa and Asia and the Pacific.
(b) Cooperation in
health and sanitation
53. Japan, in cooperation with UNICEF, WHO and
other donor countries and institutions, has been providing assistance for
international
health programmes, including EPIs and TB, and others. In
particular, Japan played a leading role in eradicating polio in the Western
Pacific region. Japan is also active in HIV/AIDS programmes. About 600 million
yen have been contributed annually to the Joint United
Nations Programme on
HIV/AIDS (UNAIDS) since its establishment. In addition, Japan made financial
contributions amounting to about
US$ 2.3 million in total for eight projects
concerning maternal/child health, implemented by organizations such as UNICEF or
the
United Nations Population Fund (UNFPA) through the Trust Fund for Human
Security created by Japan for the United Nations.
(c) Cooperation for
women in development and gender-related issues
54. Japan is making
efforts to expand its gender-related development aid through the United Nations
Development Programme (UNDP)
and the International Fund for Agricultural
Development (IFAD). In 1995, the Japan Women in Development Fund (JWIDF) was
created
to support UNDP assistance to women in developing countries, and a total
of about US$ 11 million had been contributed by 1999. The
Fund
supports programmes for gender equality and the empowerment of women, giving
priority to such fields as education, health and
economic and social
participation. For example, the Fund was used to finance a poverty eradication
project in Cambodia, introducing
a microfinancing scheme to improve the economic
status of women. As a result, the school enrolment rate of children increased by
about nine per cent, as women received stable income and the number of children
who were forced to work decreased. The Fund was also
used for the organization
of a seminar on education of girls, supporting Guatemala’s national
efforts to improve primary education
for girls. IFAD attaches great importance
to the role of women in rural development. With the aim of actively supporting
IFAD activities
in gender-related areas, Japan established a “Special
Contribution for Women in Development” fund through IFAD in 1995.
So far,
Japan has contributed US$ 4,450,000 to this special fund and approved 27
projects. These include the implementation of studies
to add a gender concept to
IFAD-financed programmes, the organization of workshops and symposiums, the
creation of a database making
accumulated information and knowledge available to
the public, and the implementation of studies on microfinancing which is
regarded
by IFAD as an effective means to alleviate poverty. In July 1999, the
“Asian Crisis and Rural Poverty” symposium was
successfully held in
Tokyo.
(d) Cooperation in education
55. Japan has been
contributing to development projects in the area of education through the United
Nations Educational, Scientific
and Cultural Organization (UNESCO) and operates
the following trust funds:
(e) Cooperation with NGOs
56.
Japan has been providing financial assistance to Japanese NGOs active in
grass-roots projects in medical, health and educational
fields which contribute
to the improvement of maternal and child health, welfare and education. They are
implemented under programmes
such as the NGO Subsidy Framework and grant
assistance for grass-roots projects. Such programmes help NGOs carry out
assistance projects
in recipient countries. In fiscal year 1999, roughly 348
million yen were allocated to the NGO Subsidy Framework and some
387 million
yen as grant assistance for grass-roots projects.
Table 2
Aid projects in the field of health care and medical care, fiscal years 1995-1999
Fiscal year
|
Grant Aid
(In 100 millions of yen) |
Yen loan
(In 100 millions of yen) |
Technical assistance (Number of participants) |
||
|
|
|
Participants in technical training programmes
|
Experts dispatched to developing countries
|
Japan Overseas Cooperation Volunteers (JOCV) dispatched to
developing countries
|
1995
|
150.45 (7.8)
|
9.69 (0.1)
|
1 281 (12.2)
|
478 (15.2)
|
173 (16.4)
|
1996
|
195.37 (10.0)
|
197.92 (1.5)
|
1 214 (11.1)
|
464 (15.4)
|
172 (14.4)
|
1997
|
221.28 (16.8)
|
55.64 (0.5)
|
1 237 (10.9)
|
474 (15.5)
|
170 (14.7)
|
1998
|
253.99 (20.5)
|
420.98 (3.9)
|
2 428 (12.3)
|
487 (14.2)
|
185 (15.8)
|
1999
|
240.28 (20.6)
|
0 (0)
|
3 154 (17.6)
|
553 (13.8)
|
234 (18.1)
|
Note: Figures in parentheses in the grant aid column indicate the
ratio of the value of projects in the fields of health care and medical
care to
that of all projects, excluding relief of liabilities, non-project aid
programmes, grants for grass-roots aid projects and
grants for students studying
abroad.
Figures in parenthesis in the yen loan column indicate the ratio of
the value of projects in the fields of health care and medical
care to that of
all projects, except carried-over liability.
Figures in parenthesis in the
technical assistance column indicate the ratio of the value of projects in the
field of health care
and medical care to that of all projects.
Source:
Spending for grant aid and yen loan is based on Exchange of Notes, and that in
the technical assistance column is based on data
from the Japan International
Cooperation Agency (JICA).
Table 3
Aid projects in the field of education, fiscal years 1995-1999
Fiscal year
|
Grant Aid
(In 100 millions of yen) |
Yen loan
(In 100 millions of yen) |
Technical assistance
(Number of participants) |
||
|
|
|
Participants in technical training programmes
|
Experts working in developing countries
|
Japan Overseas Cooperation Volunteers (JOCV) working in
developing countries
|
1995
|
128.87 (6.7)
|
520.73 (4.6)
|
274 (3.2)
|
157 (4.7)
|
193 (16.0)
|
1996
|
193.29 (9.9)
|
183.58 (1.4)
|
274 (2.5)
|
157 (5.1)
|
234 (22.3)
|
1997
|
246.21 (12.3)
|
146.22 (1.4)
|
341 (3.0)
|
149 (4.9)
|
228 (19.8)
|
1998
|
182.60 (15.1)
|
351.48 (3.2)
|
396 (2.0)
|
193 (5.6)
|
205 (17.5)
|
1999
|
194.51 (16.7)
|
124.95 (1.2)
|
349 (1.9)
|
243 (6.1)
|
219 (17.0)
|
Note: Figures in parentheses in the grand aid column indicate the
ratio of the value of projects in the fields of health care and medical
care to
that of all projects, excluding relief of liabilities, non-project aid
programmes, grants for grass-roots aid projects and
grants for students studying
abroad.
Figures in parenthesis in the yen loan column indicate the ratio of
the value of projects in the fields of health care and medical
care to that of
all projects, except carried-over liability.
Figures in parenthesis in the
technical assistance column indicate the ratio of the value of projects in the
field of health care
and medical care to that of all projects.
Source:
Spending for grant aid and yen loan is based on Exchange of Notes, and that for
technical assistance on data from JICA.
Follow-up to the World Summit for Children
57.
Concerning the follow-up to the World Summit for Children, see paragraph 22
above.
L. Public relations activities for the
Convention
1. Public relations activities for the
Convention
Translation of the Convention into several foreign languages and
translation into languages used by many foreign residents in
Japan
58. Information booklets on the Convention have been
published in both Japanese and English. Upon request, foreign residents are
also
provided with the text of the Convention in another languages available, such as
Arabic, Chinese, French, Korean, Russian, Spanish,
Tagalog, Thai and Vietnamese.
We understand that public relations activities to raise public awareness of the
Convention is important
and necessary. We continue to make efforts to promote
public awareness and correct understanding of the aims and content of the
Convention,
while taking into consideration people’s responses to our
activities in the past and the degree of public understanding of
the
Convention.
Utilization of online services such as the Government’s web sites
to raise public awareness of the Convention
59. The web site of
the Ministry of Foreign Affairs (MOFA), in Japanese and English, has a section
on the Convention on the Rights
of the Child, allowing the general public to
easily access and download information on the Convention, including the complete
text
of the Convention, the initial report of Japan issued by the Government, a
list of the questions addressed by the Committee to the
Government on the
initial report, a list of Japan’s answers to these questions, its final
view on the Convention, and information
on relevant symposiums. From April 2000
to March 2001, this particular section of the web site was visited
167,884 times (page view),
including 153,896 views of the Japanese version
of the MOFA web site. Similar information is also provided through the facsimile
service operated by the Ministry (known as MOFAX). In addition, lectures, and
various materials published by MOFA or with the participation
of the Ministry
contribute to explaining the Convention to the general
public.
Introduction of lectures on human rights in school
curricula
60. At schools in Japan, students are supposed to
learn about 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.
The new Courses of Study, guidelines for teaching released by the Government in
1998, are aimed at further promoting
human rights education through school
activities as a whole, noting the aims of the Convention. Also, the Government
strengthens
training courses for schoolteachers by introducing issues related to
human rights in these curricula, including lectures on the Convention
on the
Rights of the Child.
2. Educating civil servants who have duties concerning
children
Teachers
61. The local administration of every
prefecture or city provides the opportunity for newly employed as well as
experienced teachers
to learn about human rights and student guidance through
various training sessions offered at each stage of their teaching experience.
Also, the National Centre for Teachers’ Development, an independent
administrative institution responsible for unified and
comprehensive
implementation of government-controlled training programmes, introduces training
involving lectures about human rights
for teachers who are expected to play a
leading role at the local level. It also provides practical training on the
theory and practice
of student guidance and educational
counselling.
Police officers
62. With the aim of
ensuring that police personnel have the appropriate attitude towards juvenile
cases and observance of the Convention,
police schools provide education on
juveniles for new recruits and officers freshly promoted to a higher rank, as
well as specialized
education on human rights for officers in charge of juvenile
delinquents and personnel in charge of juvenile guidance. Also, education
on
children’s rights is given to police officers from time to time as part of
their on-the-job training.
Officials at correctional
institutions
63. In its concluding observations adopted after
reviewing the initial report of Japan (para. 33), the Committee recommended
that
training programmes on the rights of the child should be implemented for
relevant officials. Officials at correctional institutions
receive the necessary
education on international rules related to human rights for those deprived of
liberty, including the Convention
on the Rights of the Child. For example,
training programmes designed for future senior officials include training
sessions on relevant
United Nations documents, including the Convention, with
the aim of deepening their awareness and understanding of the aims and content
of the Convention. Such training is conducted by experts not belonging to the
Ministry of Justice or officials of the Correction
Bureau of the
Ministry.
Officials in charge of human rights protection and
promotion
64. Training programmes designed for civil servants in
charge of human rights protection and promotion include specialized training
sessions on human rights, managed by the Ministry of Justice, and targeting the
staff of the Legal Affairs Bureaux and the District
Legal Affairs Bureaux.
During such training sessions, conducted annually at the offices of the central
ministry, trainees are supposed
to learn about children’s rights through
lectures by experts on the Convention and other programmes, including moot
lectures
given by trainees to discuss children’s rights. Legal Affairs
Bureaux and District Legal Affairs Bureaux also provide practical
training
sessions in which lectures on the Convention and children’s rights are
given to local personnel in charge of human
rights protection and promotion. In
addition, the Ministry of Justice provides training sessions for local civil
service personnel
working on public awareness-raising activities, with a view to
fostering their aptitude as leaders in such activities. These training
sessions
include lectures about children’s rights as well as the Convention.
Immigration officials
65. Various training
sessions for immigration officials include lectures on treaties related to human
rights, including the Convention.
Probation officers
66. Concerning probation officers, article 2 of
the Offenders Rehabilitation Law, a basic law ruling rehabilitation-related
administration,
provides that rehabilitation measures shall be performed to the
extent that it is considered necessary and appropriate for the correction
and
rehabilitation of juvenile offenders, and that their implementation should be
adapted to the age, personal history, mental and
physical condition, family,
relations with friends and other circumstances of the offender, thus finding a
method most appropriate
for each individual. The Japanese Government makes
efforts to ensure that officers in charge of probationary supervision of
juvenile
offenders observe this provision. In the training course for newly
appointed probation officers, they are given the opportunity to
deepen their
understanding of the significance of this provision and to learn about juvenile
protection and welfare through on-site
training at child guidance centres. We
have also established a curriculum for probation officers to learn about the
mental and physical
development of children, and another for counselling,
thereby providing officers with an opportunity to learn the significance of
encouraging juvenile probationers and juvenile training school parolees to
express their own views and to take such views seriously.
In this curriculum,
probation officers are supposed to take six hour courses on the mental and
physical development of children.
Judges and other law
administrating officers
67. At the time of Japan’s
ratification of the Convention, the Supreme Court sent a notification entitled
“Promulgation
and Effectuation of the Convention on the Rights of the
Child” to high courts, district courts and family courts, with the
aim of
acquainting judges and other officers concerned with the contents of the
Convention. Furthermore, judges are supposed to deepen
their understanding of
children’s rights through curricula dedicated to various training
programmes, including joint research
on juvenile delinquency cases, problems
concerning child custody, etc. and lectures on media reports on juvenile cases
and human
rights. In principle, anyone preparing to become a judge, prosecutor
or lawyer needs to attend judicial training at the Judicial
Research and
Training Institute in order to obtain a licence to exercise a legal profession.
During this legal training, lectures
are given on children’s rights,
references are made to the objectives, contents and implementation of the
Convention, including
the 1994 report issued by the Japanese Government, the NGO
report issued in 1994, and the concluding observations of the Committee
on the
Rights of the Child on the initial report of Japan made in 1998. There is also a
curriculum on precedents of juvenile delinquency
cases or cases of disputes over
child custody. Thus trainees are given the chance to learn about
children’s rights, protection
and welfare of children. In these training
programmes for judges and curricula for legal training, judges and trainees
learn the
significance of fully considering the interests of children,
encouraging children to express their own intentions in cases, as well
as taking
these into consideration.
Prosecutors
68.
Prosecutors receive training sessions to learn about the Law for Punishing Acts
Related to Child Prostitution and Child Pornography
and for Protecting Children,
with special consideration required for women and children. Other training
programmes, designed respectively
for each level of prosecutor with a different
length of service, cover various topics related to human rights, such as human
rights
secured by the Constitution of Japan and other treaties and
children’s rights.
Officials in charge of child welfare
duties
69. Child welfare officers at child guidance centres, a
central administrative organ in the field of children’s welfare, are
encouraged to deepen their understanding of the aims of the Convention and
children’s rights through Government-operated training
programmes designed
for newly positioned civil servants.
3. Professional training and service
regulations
70. For professional training, see paragraphs 61-69
above.
National Police Academy and other police
schools
71. Once a year, the National Police Academy, as part of
its special expert training course on juvenile delinquency, gives a seminar
on
the protection of children’s rights designed for executive officers from
the prefectural police forces. Since 1998, regional
police schools have also
held a similar seminar twice a year for assistant police inspectors and police
sergeants from the prefectural
police as part of their special expert training
course on juvenile delinquency. Police also organize group study programmes
designed
for juvenile guidance officials from the Juvenile Support Centres of
the prefectural police. In these programmes, professionals such
as university
professors and counsellors give lectures on counselling
techniques.
Universities
72. Concerning higher
education, each university independently determines its own curriculum and
implements it in accordance with
its own policy and aims. In 1999,
110 universities were providing 174 courses on the rights of children, of
which 61 courses were
offered at 34 State-run universities, 9 courses at 8
public universities and 104 courses at 68 private universities.
Specifically,
these universities offer courses such as “the rights of
children”, “juvenile problems and human rights”,
“theory
of child problems”, “theory of child welfare”,
“protection of children’s rights and professional
ethics”, and
“case study of child counselling”, offering education on how to
protect the rights of children and
create an environment where children can
participate in society as individuals. Some universities require students to
participate
in fieldwork where they actually communicate with children.
4. Participation of NGOs in educational programmes and
campaigns
on the Convention and support for NGO
activities
73. NGOs hold educational events for local residents, children and teachers, such as meetings to study the Convention. They also publish information booklets on the Convention.
M. Dissemination of information on the Convention to
the public
(art. 44, para. 6)
Preparation of the present report
74. Ministries
and agencies which took part in the preparation of this report include: the
Cabinet Office, National Police Agency,
Defense Agency, Ministry of Public
Management, Home Affairs, Posts and Telecommunications, Ministry of Justice,
Ministry of Foreign
Affairs, Ministry of Finance, Ministry of Education,
Culture, Sports, Science and Technology, Ministry of Health, Labour and Welfare,
Ministry of Agriculture, Forestry and Fisheries, Ministry of Economy, Trade and
Industry, Ministry of Land, Infrastructure and Transport
and Ministry of the
Environment. As mentioned in paragraph 34 of the present report, two meetings
were held between the Government
and NGOs in the process of preparing this
report, for the purpose of exchanging information and including opinions of NGOs
in this
report, when considered necessary and appropriate. Each meeting was
attended by about 10 Diet members, 40 government officials and
70
representatives of NGOs.
Making reports widely available to the
public
75. Concerning dissemination of reports to the public,
see paragraph 55 above. Besides, the present report will be made available
to
the public on the home page of the Ministry of Foreign Affairs, as was the case
with the initial report.
Making the concluding observations of the
Committee on the Rights of the Child
available to the
public
76. See paragraph 59 above.
II. DEFINITION OF THE CHILD (art. 1)
A.
Difference between the definition of “child” in the Convention and
that
in Japanese domestic law
77. Article 4 of the Child Welfare Law of Japan defines “child”
as “anyone below 18 years of age”. Measures
for promoting child
welfare have been implemented in accordance with the fundamental policy of this
Law, as described in article
1, paragraph 1: “Everyone shall strive to
ensure the sound birth and growth of children, both in mind and body”, and
also in article 2, paragraph 2: “The livelihood of each and every child
shall be equally guaranteed and protected”.
78. Efforts to promote
child welfare are also directed towards such aims as ensuring the full and
well-balanced development of a
child’s personality and facilitating the
child’s development as a competent member of society. To this end,
implementation
of measures under existing national legislation has been
enhanced.
B. Age limitation applied to legal capacity in Japan
Minimum age to legally make a contract or
agreement on medical treatment
independently without the
consent of the legal guardian
79. The Civil Code of Japan
provides that full active legal capacity is attained at the age of 20.
Therefore, all contracts or agreements
on medical treatment made by a person
under 20 years of age without the consent of his/her legal guardian may be
cancelled by the
latter, but are considered valid if not expressly cancelled by
the legal guardian.
Minimum age at which children are legally
released from compulsory education
80. Concerning the minimum
age required to leave compulsory education, see paragraph 39 of the initial
report.
Minimum age for employment in a hazardous occupation,
either as a part-time
or full-time job
81.
With respect to a person under 18 years of age, the Labour Standards Law
forbids night work in principle, and sets restrictions
on working hours and work
on holidays, as well as on employment in dangerous and harmful jobs. In
addition, the same Law provides
that children, for whom 31 March (end of the
school year) has not passed since they reached the age of 15, shall not be
employed.
In exceptional cases, however, and with the permission of the
administrative office, children above 13 years of age may be employed
in
occupations in non-industrial enterprises and perform light labour which is not
harmful to the health and welfare of children.
Children under 13 years of age
may be exceptionally employed in motion picture production and theatrical
performance enterprises,
also with the permission of the administrative office.
These provisions also apply to part-time employment.
Marriage
82. As concerns marriage, see paragraph 38 of the initial
report.
Sexual crime
83. See paragraph 43 of the
initial report. The Law on Punishing Acts related to Child Prostitution and
Child Pornography and on
Protecting Children, which took effect in November
1999, defines as “child” anyone under 18 years of age and punishes
acts such as engaging in child prostitution, producing child pornography for the
purpose of sale, etc. on the basis of this age limit.
Voluntary
enlistment in the army and conscription
84. In Japan, there is
no conscription system and the enlistment in the Self-Defence Forces is
voluntary. Article 25 of the Enforcement
Regulations of Law and the Instructions
for Assignment of Youth Cadets stipulate that the Self-Defence Forces may accept
applications
only from those who are 18 years old or over, except for attending
its educational institutions through the youth cadet
programme.
Participation in a hostile act
85. Those
who are enrolled in such educational institutions are not supposed to
participate in any hostile action in combat. Therefore,
there is no possibility
of anyone under 18 years of age directly taking part in a battle
action.
Criminal liability
86. Concerning criminal
liability, the Penal Code of Japan provides that anyone below 14 years of
age shall not be subject to penal
punishment.
Detention during
investigation
87. In Japan, it is ruled that criminal charges
can only be brought against those who are 14 years of age or older, which
is also
the minimum age for being placed in custody. However, it is also ruled
that detained juveniles over 14 years of age shall be treated
differently from
adult detainees, taking into consideration their juvenile-specific
mentality.
Transfer to correctional
institutions
88. In Japan, there are juvenile classification
homes as a national institution for the classification of juvenile delinquents,
and
juvenile training schools and juvenile prisons as national institutions for
juvenile correction. Accused and suspected law offenders
are kept in custody in
detention houses. Juvenile classification homes accommodate those who have been
committed thereto by a family
court. As provided by articles 3 and 17 of the
Juvenile Law and article 16 of the Juvenile Training School Law, the primary
duty
of these homes is to classify the personality and disposition of the
juvenile on the basis of medical science, psychology, pedagogy,
sociology, and
other expert knowledge. This classification is to contribute to the family
court’s investigation, hearings and
decisions on proper protective
measures for the juvenile, and also to decisions on proper treatment of children
who are 14 or 15
years old and have been sentenced to imprisonment with or
without labour.
89. Juvenile training schools are institutions for juvenile delinquents who have been committed thereto by a family court as a protective measure and have been ordered to serve their prison sentence there under the Juvenile Law. These schools provide correctional education to juvenile delinquents who, under article 2 of the Juvenile Training School Law, are fourteen years old or older.
90. Suspected or accused juvenile law offenders are
placed in detention houses and juveniles who have been sentenced to imprisonment
through a criminal trial in juvenile prisons. As article 41 of the Japanese
Penal Code stipulates that criminal charges cannot be
brought against a person
under 14 years of age, these institutions accommodate only those who are 14
years of age or older.
Capital punishment and life
imprisonment
91. The Juvenile Law of Japan provides that
sentences for juvenile criminals who at the time of committing the offence had
not reached
18 years of age shall be, for the same offence, lighter than
sentences for criminals 18 years of age or older. For instance, article
51 of
this Law foresees a life sentence for juvenile criminals who were under 18 years
of age at the time the crime was committed,
even if the Penal Code sets out
capital punishment for the charges brought against him/her. Likewise, juveniles
are sentenced to
limited lengths of detention even when his/her crime would
otherwise deserve life imprisonment under the Penal Code. In a case such
as
this, the term of imprisonment lasts between 10 and 15 years. Japanese law sets
the minimum age for capital punishment at 18 years
at the time of the crime.
However, there is no minimum age for life sentences, although in practice, the
age limit is 14 years of
age at the time of the crime, since, under Japanese
law, a person who has attained 14 years of age is subject to criminal liability.
Before the partial amendment to the Juvenile Law made in November 2000, article
51 ruled that a juvenile criminal who had not reached
18 years of age at the
time of the offence should be sentenced to a limited term of imprisonment of
between 10 and 15 years, though
the crime would otherwise deserve life
imprisonment for those who had reached 18 years of age. However, the amended Law
now allows
the court to decide on whether the sentence should be life
imprisonment or limited-term imprisonment.
Witness at a
civil trial
92. In Japan, there is no rule as to the legal
qualification of a witness to testify at a civil trial, including his/her age
and
legal capacity.
Witness at a criminal trial
93.
There is no provision in the Criminal Procedure Code prescribing the conditions
of legal capacity of a juvenile or child to testify
at a criminal trial.
However, there is a court ruling which admitted the capacity of a 44-month-old
child who had been the victim
of indecent assault two months before, to testify
in court. The court had ruled that the capacity of a witness to testify is
decided
not by his/her age, but by the circumstances of individual cases and
that the matter requiring a witness to testify is a significant
element in
making such judgement (Judgement of Tokyo District Court, 14 November 1973,
cited in Hanrei-Zihou (Judicial Magazine), p. 24, No. 723). In order to
mitigate the psychological and mental effects from which witnesses could suffer
by testifying in courts, the Criminal Procedure Code was partially amended in
2000 to introduce protective measures for witnesses,
allowing them to testify
without being seen by the defendant, or on video, where the witness is examined
in a separate room via a
TV monitor.
Minimum age and legal capacity
to file a lawsuit or bring a claim to court for
indemnification
94. Anyone who has attained the age of 20 may
file a civil suit and proceed in the suit independently. However, for a criminal
suit,
any private citizen even over 20 years of age is not allowed to
prosecute.
Minimum age and legal capacity to participate in an administrative or judicial litigation
95. In Japan, there is no age restriction on
suing or being sued in his/her own name in an administrative or civil
litigation.
Minimum age for being charged with a criminal
offence
96. The minimum age to be charged with a criminal act is
14 years of age. The victim of a criminal act has the right to express his/her
opinion during the procedure of criminal suit or juvenile judgement, and there
is no age restriction for a juvenile/child victim
to be allowed to express
his/her opinion.
Minimum age and legal capacity to make a change to
one’s status in the family register
97. The Civil Code
provides that anyone who has attained 15 years of age may change his/her family
name or agree to be adopted and
dissolve the adoptive relation of his/her own
accord. It is also provided that all married persons, even if they are under 20
years
of age, may divorce by agreement.
Minimum age and legal capacity to access the family register
98. There is no rule prescribing a minimum age
for the legal capacity to apply for a copy of one’s family register. Under
article
13 of the Census Registration Law, the family register shall include,
inter alia, such information as the family name, given name,
date of birth,
names of natural parents, and relation to natural mother and
father.
Legal capacity to inherit and dispose of
assets
99. In Japan, those who are under 20 years of age are not
legally capable of conducting legal acts independently. However, there
is no age
requirement for the ability to inherit.
Capacity to create an
organization or to adhere to one
100. The Civil Code provides
that anyone who has attained 20 years of age may conduct legal acts
independently. However, all legal
actions undertaken by those under 20 years of
age without the consent of their legal guardian, including to establish an
organization
and to enrol in one, remain effective if not expressly withdrawn by
the guardian.
Freedom to choose a religion and enrol in a religious
school
101. Concerning the freedom to choose one’s
religion and to enrol in a religious school, see paragraph 100 of the initial
report.
Consumption of alcohol and other restricted
substances
102. Concerning alcohol and substance consumption,
see paragraph 45 of the initial report. Also, the Law for Prohibiting Liquor to
Minors and the Law for Prohibiting Smoking to Minors both entail criminal
liability for the sale of alcoholic beverages and cigarettes
to juveniles under
20 years of age.
Relationship between minimum age, compulsory
education and employment, and its impact on children’s right to education
in the
light of relevant treaties
103. The Labour Standards Law
provides for restrictions on working hours and work on holidays and on
employment in dangerous and
harmful occupations, as well as for the prohibition
of night work in principle. In addition, this Law provides that children, for
whom 31 March has not passed since they reached the age of 15 shall not be
employed. However, children above 13 years of age may,
on an exceptional basis,
be employed in occupations in non-industrial enterprises to perform light tasks
which are not harmful to
the health and welfare of children, with the permission
of the administrative office. Children under 13 years of age may be
exceptionally
employed in motion picture production and theatrical performance
enterprises.
Gender-related differences in marriage-related
restrictions
104. Under article 731 of the Civil Code, a male
may not marry until he has reached 18 ears of age, nor may a female until
she has
reached 16 years of age.
105. In the view of Japan, this gender
distinction in terms of age to marry does not violate article 2 of the
Convention on the Rights
of the Child. Marriage is an act of two people to form
a new family, and to function as a fundamental unit of society. Therefore,
permission to marry should not be granted to citizens who have not reached
maturity. This is why the law does not allow children
to marry, since they are
regarded as immature to do so. There is also a general difference, physical and
mental, between males and
females with regard to the age to marry. The
difference between males and females in the minimum age to marry laid down in
Japanese
law is reasonable, since it reflects the above-mentioned difference in
the degree of physical and mental development between males
and females.
Therefore, we believe that such a differentiation does not violate article 2 of
the Convention.
Gender-related differences in the legal provisions
for sexual offenders
106. The Penal Code of Japan makes
gender-related differences in the treatment of sexual offenders. Such a
differentiation, which
is based on the inherent physiological differences
between males and females, does not fall under “discrimination” as
defined by article 2 of the Convention, as illustrated by the following
examples:
Definition of adolescence
107. The Penal
Code of Japan has no definition of adolescence.
III. GENERAL PRINCIPLES
A.
Non-discrimination (art. 2)
1. Measures taken to indiscriminately
guarantee the rights stipulated in the principles
of the
Constitution, child-related domestic laws and international agreements
against discrimination
108. See answer 14 to the question from the Committee on the initial report.
Specifically, the following examples can be cited:
(a) In accordance with the spirit of the Constitution, the Child Welfare Law stipulates, in article 1, paragraph 2, that “the life of every child shall equally be guaranteed and protected”;
(b) There are no nationality requirements in the provisions of the Child Welfare Law, the Child Allowance Law, the Child-Rearing Allowance Law or the Special Child-Rearing Allowance Law. These laws do not lead to any difference in the treatment of children according to nationality;
(c) The Law on Punishing Acts related to Child Prostitution and Child Pornography and on Protecting Children punishes those who are involved in acts related to child prostitution and pornography etc., irrespective of the nationality of the child;
(d) As stated in paragraph 48 of the initial report, all forms of
discrimination against children by public authorities are prohibited,
and in all
juvenile classification homes, juvenile training schools and penal institutions,
the basic principle is the equal treatment
of juveniles, with consideration to
eliminating any discriminatory treatment;
(e) The Law on Promoting Human Rights Education and Human Right Edification, promulgated in December 2000, stipulates that human rights education and edification must be conducted by national and prefectural authorities, with efforts to provide various opportunities and to adopt effective methods, so that people can acquire and deepen their understanding of respect for human rights according to the development stage of each individual, through activities carried out in schools, communities, homes, workplaces, and various other places. Besides, the Ministry of Education, Culture, Sports, Science and Technology has recently made an announcement to the relevant agencies, to the effect that human rights education in schools and social institutions should follow more closely the basic principle laid out in this Law.
2. Measures to address cases of discrimination
109. See paragraphs 51-53 of the initial report.
3. Prevention of discrimination against most disadvantaged children
110. See answer 15 to the question from the Committee on the initial
report.
111. Article 3 of the Disabled Persons Fundamental Law provides
that the individual dignity of every disabled person shall be respected,
that
he/she shall have the right to be treated in such a manner and shall be given
the opportunity to participate in activities in
every field.
112. In
order to heighten public awareness of the importance of respecting human rights,
including children’s rights, and to
promote respect for human rights, the
human rights organs of the Ministry of Justice are conducting positive promotion
activities,
holding lectures and discussions, broadcasting on television and
radio, and distributing leaflets, all of which contribute to the
prevention of
the human rights problems of children. In addition to daily promotional
activities to eliminate prejudice and discrimination
against the Ainu people,
persons with disabilities and foreigners, including children, nationwide
educational activities are carried
out through campaigns and lectures during
Human Rights Week, which takes place every year during the week ending 10
December on Human
Rights Day, and which is marked by large-scale educational
activities, as well as on Human Rights Volunteers Day (1 June).
113.
Should an incident of discrimination actually occur against illegitimates,
Ainus, and disabled persons, including children,
it is considered a case of
human rights violation and measures are taken accordingly.
114. As for
refugees, and applicants for refugee status as defined by the Convention
relating to the Status of Refugees of 1951 and
the Protocol relating to the
Status of Refugees of 1967, the Ministry of Justice, which is responsible for
granting this status,
has never disclosed any personal identification data such
as nationality and name in order to protect the privacy and ensure the
safety of
such persons. The fact of being a refugee, or an applicant for refugee status,
or a child of either, does not directly
mean that he/she has to suffer social
discrimination. After Japan ratified the Convention relating to the Status of
Refugees in 1981
and the Protocol in 1982, domestic laws were modified in order
to ensure the bona fide implementation of the Convention by removing
the
nationality requirement for the allowance from the provisions of the National
Pension Law, the Child Allowance Law, the Child-Rearing
Allowance Law and the
Special Child-Rearing Allowance Law, so that refugees, in principle, obtain the
same entitlements as Japanese
nationals or foreigners with regular status.
4. Measures to eliminate discrimination against the
girl child, and follow-up to the Fourth World Conference on Women
115. Following the adoption of the Beijing Platform for Action at the Fourth World Conference on Women, Japan developed the “Basic Plan for Gender Equality 2000” in December 1996, incorporating new international norms and standards contained in the Beijing Platform for Action into domestic law and implementing various measures. In June 1999, Japan enacted the Basic Law for a Gender-Equal Society which promulgates respect for the human rights of women and men, for instance, respect for the dignity of men and women as individuals, elimination of gender-based discriminatory treatment of women or men, and guaranteeing equal opportunities for men and women to exercise their abilities as individuals. Based on this Law, the Government of Japan established the Basic Plan for Gender Equality, and is promoting measures comprehensively in accordance with the Plan. The Plan also formulates objectives such as reforming public awareness. One of the biggest obstacles to realizing gender equality is the stereotyped division of roles, which, over the years, has formed in people’s minds. While such division of roles is changing over time, it still remains rooted in people’s mentality. In order for the concepts of gender equality and respect for human rights to take root among the people, Japan actively conducts public relations and educational activities that are vigorously pursued through various media.
116. Japan sent a delegation of 40 people to the twenty-third
special session of the General Assembly entitled “Women: 2000:
Gender
Equality, Development and Peace for the Twenty-First Century” (Beijing+5).
The delegation, headed by Ms. Sumiko Iwao,
Chairperson of the Council for Gender
Equality, was composed of four representatives of NGOs (including
Ms. Iwao), five members of
parliament as advisers, and representatives from
the Ministry of Foreign Affairs, the National Personnel Authority, the Prime
Minister’s
Office, the Ministry of Education, Ministry of Health and
Welfare, Ministry of Agriculture, Forestry and Fisheries, and Ministry
of
Labour. Japan also participated as a member of JUSCANZ (Japan, United States of
America, Canada, New Zealand, Norway, Iceland,
Switzerland, Liechtenstein,
Republic of Korea, and San Marino), in the negotiations on the final document,
stressing the inclusion
of issues such as the collection of gender disaggregated
data, improvement of education, advancement of women, and women’s
status
in agricultural, forestry and fishing villages.
5. Collection of data on groups subject to discrimination
117. See paragraph 36 above.
6. Prevention and elimination of biased attitudes to
children that contribute
to social and ethnic tension, racism and
xenophobia
118. See paragraphs 110-114 above.
7. Protection of children from discrimination and punishment
119. See paragraph 108 above. When a human rights violation against a
child of a foreigner is suspected to have occurred, the authority
responsible,
in cooperation with relevant authorities, actively engages in solving the
problem by providing remedy for the child
victim and educating the persons
concerned on how to respect human rights.
8. Major problems in implementing article 2, ways and
means of overcoming these obstacles, and the evaluation of progress in the
prevention of discrimination
120. Japan developed a basic plan for disabled persons in accordance with
article 7, paragraph 2, of the Disabled Persons Fundamental
Law. The status of
implementation of this plan is monitored so that the plan can be steadily
implemented.
121. Cases of human rights violations against foreigners
handled by the human rights organs of the Ministry of Justice include such
incidents as refusing foreigners the entry to a public bath, spreading rumours
and slandering foreigners. There have also been cases
of discriminatory language
used against foreigners who are permanent residents, and of discriminatory
graffiti.
122. In order to provide counselling for foreigners living in
Japan, the human rights organs of the Ministry of Justice have established
human
rights counselling centres for foreigners at the Legal Affairs Bureaux in Tokyo,
Osaka, Nagoya, Hiroshima, Fukuoka and Takamatsu,
and at the District Legal
Affairs Bureaux of Kobe and Matsuyama. These centres, that have interpreters in
English, Chinese and other
languages, give consultations on a wide range of
issues, such as work conditions, marriage, divorce, relations between married
couples,
naturalization, nationality acquisition, compensation for damage, and
criminal cases.
123. The human rights organs of the Ministry are active
in solving problems by investigating and handling human rights violations,
and
in educating people by offering human rights counselling.
124. In May 2001, the Council for Human Rights Promotion established in the Ministry of Justice submitted a report on the ideal framework for a human rights remedy system. The report proposed establishing a new human rights remedy system led by an organ independent from the Government, tentatively called the Human Rights Committee, so that positive remedy is made by putting into practice more effective investigation procedures and remedial methods regarding certain human rights violations, including discriminatory treatment in social life on the basis of race, creed, sex, social status, family origin, disability, illness, sexual orientation, etc. The Government will pay maximum respect to the recommendations of the Council, and will make every effort to establish the recommended new human rights remedy system.
B. Best interests of the child
(art. 3)
1. The principle of “best interests of the
child” in the Japanese Constitution and in domestic law
125. Article 1 of the Child Welfare Law prescribes that “all people
shall strive to ensure the sound birth and growth of children,
both in mind and
body”. Besides, articles 2 and 3 of the Child Welfare 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. In addition, in the amendments made to
the
Child Welfare Law in 1997, the following administrative provisions were
added to further reinforce consideration of a child’s
best
interests:
(a) When a child guidance centre takes an action such as placing a child in an institution, it is explicitly stipulated that the Centre shall hear the child’s opinion;
(b) When the will of the child or the guardian(s) does not coincide with the policy of the child guidance centre, or when the child guidance centre deems it necessary, it seeks the opinion of a council of medical and legal experts;
(c) The system has been changed so that guardians can choose day-care centres based on information provided about day care. Furthermore, the Child Welfare Law prescribes that prefectural administrations, with the approval of a family court, can place a child in a children’s home or a similar institution in order to ensure the child’s best interests, and that the superintendent of the child guidance centre can request a family court to order the withdrawal of parental authority from its holder.
126. As stated in article 1, the Law on Punishing Acts related to Child
Prostitution and Child Pornography, and on Protecting Children
“aims at
defending the rights of children by punishing the acts involved in child
prostitution and child pornography, and by
establishing measures to protect
children who have suffered mental and physical harm from those acts”. This
Law contains provisions
on consideration for the rights and characteristics of
children during investigations and trials. It also prohibits the publication
of
information which would allow victimized children to be identified in news
stories, and protects children who have suffered mental
and physical harm.
2. Consideration for the principle of “best
interests of the child”
Child welfare facilities
127. Standards for the
equipment and management of child welfare facilities are stipulated in the
Minimum Standards for Child Welfare
Facilities (Ministerial Ordinance) provided
by the Minister of Health, Labour and Welfare. Pursuant to the Child Welfare
Law, managers
of these facilities are obliged to abide by these standards. These
Minimum Standards lay down general rules for the construction
and equipment of
child welfare facilities, plans for cases of emergencies or disasters, general
requirements for staff, hygienic
controls, meals, medical examinations for
residents and employees, and so on (chap. 1, General Provisions); and equipment
standards
for child welfare facilities and criteria for personnel (number of
staff, qualifications), and so on (chaps. 2-11). Moreover, to
ensure observance
of these standards, governors may request the heads of child welfare facilities
to submit reports, they may also
inspect the facilities periodically, examine
equipment and management, recommend necessary improvements and order the
suspension
of operations.
New Angel Plan
128. For further details on this plan, see
paragraph 42 above.
Family trials
129. Article 1 of the Law for
Determination of Family Affairs and article 1 of the Rules for Determination of
Family Affairs stipulate
that the best interests of each child are to be
considered. Determination of family affairs proceedings are conducted according
to
these provisions, thus it can be said that the child’s best interests
are taken into consideration.
Juvenile trials
130.
Article 1 of the Juvenile Law and article 1 of the Rules of Juvenile Proceeding
stipulate that the best interests of each child
are to be considered. Juvenile
proceedings are conducted according to these provisions, thus it can be said
that the child’s
best interests are taken into
consideration.
Correctional institutions
131. As
stated above, article 1 of the Juvenile Law stipulates that the child’s
best interests are to be considered. Treatment
of juveniles in correctional
institutions is as follows:
(a) In juvenile classification homes, it is prescribed in article 2 of the
Juvenile Classification Homes Treatment Regulations that
juveniles shall be
placed in a nice quiet environment so that they can attend their hearings,
feeling secured. Article 1 of the Juvenile
Training School Treatment Regulations
stipulates that in juvenile training schools, juveniles shall be treated with
due consideration
for the state of their mental and physical development, in a
lively environment, aiming at their sound development;
(b) In juvenile prisons, school education and vocational training are
provided according to the mental and physical condition of the
detained
juveniles, paying attention to their sound development. Juveniles are treated
with due consideration for their best
interests.
Adoption
132. The Civil Code foresees
two types of adoption of minors-ordinary adoption and special
adoption.
133. In the ordinary adoption procedure, a legal parental
relation is created between the adoptive parents and the child who acquires
the
status of a legitimate child. If the child to be adopted is a minor, permission
of the family court is needed. If the minor is
15 years of age or older, the
minor himself/herself is the concerned party; if he/she is under 15 years of
age, a legal representative
is the concerned party, though the family court may
hear opinions of the minor upon its own authority. In granting permission, the
family court determines each case on the basis of whether the adoption is
consistent with the welfare of the minor.
134. Special adoption is effected not by the agreement between the adoptive parents and the adoptive child, but by the family court’s determination upon the request from the adoptive parents when the adoptive child is, in principle under six years of age at the time of the request. In special adoption, the existing family relationship of the adopted child with his/her natural parents and his/her blood relatives is terminated. Therefore, the special adoption is effected only if the placing of the child in the custody of his/her natural parents is extremely difficult or inappropriate and there is an extraordinary need for the interests of the child. In addition, consent of the child’s natural parents is also required for the special adoption, unless the parents cannot express their opinions or the interests of the adoptive child are extremely infringed by such acts abuse by his/her parents. As can be seen from the above, in adoption, maximum consideration is paid to the interest of the minor to be adopted.
Policy planning and
decision-making processes
135. In policy planning and
decision-making processes, the nature of measures on fostering children is such
that often it is not
possible to conduct surveys such as random sampling and
control experiments. Nevertheless, research studies are constantly being
conducted on awareness and trends in the lives of children, parents, teachers
and other parties concerned. Furthermore, statistics
and indexes on population,
households, social infrastructure, and other parameters which are closely
related to children are compiled.
These are fully used in planning and
decision-making processes.
136. In these processes, experts other than
administrative officials in diverse areas hold consultations and seminars to
give multidirectional
consideration to abundant statistics and research data
beforehand. We believe that the best interests of the children who are subject
to these measures are given preliminary consideration through these
processes.
3. Ensuring protection and care of children
137. See paragraph 55 of the initial report.
138. Under the
Child Welfare Law, a person who has knowledge of a child whose guardian is unfit
for care and custody must report
such cases to a child guidance centre. The
centre may, in conformity with the Child Welfare Law, take action such as
placing the
child in a home for infants or a children’s home, if the
person who has the guardianship or parental authority neglects the
care and
custody of the child and significantly harms the welfare of the child, e.g. a
person with parental authority or a guardian
who is responsible for the child
substantially neglects care and custody. If such a placement in an institution
meets with the opposition
of the child’s guardian, the case is referred to
the family court for approval.
139. In response to a sharp increase in
the number of cases of consultations for child abuse at child guidance centres,
which shows
that problems of child abuse are becoming increasingly serious, the
Child Abuse Prevention Law was enforced in November 2000. Under
this law,
further measures are being developed to promote the early detection of cases and
early coping with them, as well as the
protection of abused children.
4. Measures taken based on article 3, paragraph
3
140. See paragraph 56 of the initial report and paragraph 127 above.
5. Expert training concerning the principle of “the best interests of the child”
141. See paragraphs 61 to 69 above.
C. Right to life, survival and
development (art. 6)
Creation of an environment in which the right of a child to life is
guaranteed,
and its survival and development are
ensured
142. Article 1, paragraph 2, of the Child Welfare Law
provides that “the life of each child shall equally be guaranteed and
protected”. Furthermore, 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”. Within this framework,
the Government is improving the
health-care system for small children by providing perinatal and paediatric
medical care.
Prevention of suicide
143. Juveniles tend to have worries and
anxieties, and, in some cases, are unable to find solutions to problems they may
have with
low marks in school or friendships, are not able to discuss them with
anybody, and may eventually commit suicide. The police attempt
to prevent
suicides by early detection of juveniles intending to commit suicide through all
sorts of police activities such as juvenile
guidance on the streets and juvenile
advisory activities, and, when such juveniles are found, by providing expert
counselling through
juvenile counselling specialists and guidance officials
along with supporting activities in cooperation with guardians. Moreover,
juvenile support centres at the prefectural police offer counselling services
such as the Young Telephone Corner, which at all times
responds to juveniles on
all sorts of problems, such as delinquency, school and family problems, as well
as to requests for counselling
on suicide.
144. Whatever the reason may
be, it is inadmissible for a child to take his/her own life. The Ministry of
Education, Culture, Sports,
Science and Technology, with a focus on kokoro no
kyouiku (education of the heart) is endeavouring, through the boards of
education, to implement guidance so that in schools, attitudes such
as mutual
respect and consideration are fostered among pupils, as well as attitudes
valuing life and human rights, which will guide
children properly on the beauty
and joy of living through activities in school education.
145. In
addition, with the aim of enhancing systems in which a child with a worry can
feel free to ask for advice at any time, the
Ministry intends to improve
counselling services in schools by increasing the number of school counsellors
visiting schools, providing
advisers in classrooms and promoting a 24-hour
telephone counselling hotline for children. Prefectures are also striving for
the
improvement of counselling systems in the communities by establishing
advisory institutions for children at education centres and
such.
Survival and prevention of dangers to which specific age
groups are particularly exposed (sexually transmitted diseases, street violence,
etc.)
146. In order to prevent children from becoming victims of the increasing incidence of crimes, the National Police Agency created a “Programme of Measures for Protecting Women and Children” in December 1999. Specifically, the Agency has developed the following measures:
(a) Reinforcing preventive actions such as
patrolling, focusing on school zones and parks;
(b) Lending free of charge crime-preventing instruments such as alarm
buzzers, giving lectures on crime prevention, etc.;
(c) Providing information on cases of crimes against children and community safety information;
(d) Providing support for spontaneous crime prevention activities such as “Dial 110 Home for Children” which is an emergency shelter for children;
(e) Establishing a “missing children finding network” for the
search of missing children.
147. In addition, an operation code-named
“Crime Prevention through Town Planning” aimed at creating a safer
neighbourhood
by providing security lights, alarm buzzers, etc., and removing
thickets which produce dark corners, is being promoted in cooperation
with the
municipalities. The budget for the year 2000 includes a pilot project of such a
programme, foreseeing the installation of
multifunctional street lights at 10
locations across the country as part of a system to be called the street
emergency reporting
system.
Preventive measures at school against
sexually transmitted diseases)
148. The Courses of Study,
government guidelines for teaching revised in 1998, include more substantial
guidance on the prevention
of sexually transmitted diseases (STDs) by
specifying, for example, that the subject of health and physical education at
lower secondary
schools shall cover AIDS and STDs as new items. Furthermore,
authorities have implemented measures such as preparing and distributing
teaching materials for elementary, junior-high and high-school students,
practical research in designated pilot areas, and conducting
training courses
for teaching staff, as well as preparing and distributing reference materials
for teachers in 2001.
D. Right to express views (art. 12)
1.
Respect for the views of the child
149. See paragraphs 61 and 62 of the initial report.
2. Legislative and other measures
Schools
150. Concerning disciplinary action against
pupils at schools, the Government instructed the boards of education and other
competent
authorities to pay full attention to the circumstances surrounding
each case by listening to the explanation and opinion of the pupil,
as well as
to consider that such disciplinary action should have essential educational
effects, instead of just serving as a sanction.
On the other hand, considering
that suspension, which is a system that guarantees the right of other pupils to
an education, is a
measure that directly involves the rights and duties of
pupils, it is important to follow the proper procedures when deciding on
such an
action. Therefore, the Government has instructed through notifications that it
is desirable to listen to the accounts of
the student in question and his/her
guardians and it is appropriate to do this by issuing a paper providing
notification. At the
151st ordinary session of the Diet, the Ministry of
Education, Culture, Sports, Science and Technology presented amendments to the
School Education Law aimed at clarifying the requirements and procedures for
suspension.
Correctional institutions
151. When
classifying the nature of a juvenile at juvenile classification homes, the
officials explain the data obtained to the juvenile,
giving him/her the
opportunity to express his/her opinions, and conduct the interview based on
these opinions to ensure the appropriateness
of juvenile classification. In
accordance with article 4 of the Juvenile Training School Treatment Regulations,
the director of a
juvenile training school endeavours to interview the residents
from time to time in order to listen to their opinions on their treatment
or
personal affairs. At penal institutions, it is also prescribed that an interview
shall be conducted at the request of a juvenile
to make a statement on the
measures at the facility or his/her personal affairs (Prison Law Enforcement
Regulations, art. 9). Moreover,
in addition to the interviews by heads of these
facilities, in the daily practice of correctional institutions, staff members
listen
to the juveniles’ opinions on everyday life and treatment in their
daily contact with the juveniles.
Universities
152.
See paragraph 72 above.
Placement in
facilities
153. Pursuant to article 26 of the Child Welfare Law
and ordinances based on this Law, the following measures are implemented to
respect the child’s opinions:
(a) When governors, or the authorized child guidance centres take a decision on a placement in an institution and this is in disagreement with the will of the child or his/her guardian, prefectural child welfare councils composed of legal, medical and other experts are consulted;
(b) It is stipulated that the opinion of the child shall be respected in
placing him/her in an institution.
154. As regards life at such
facilities, the following measures can be reported:
(a) Pursuant to the Social Welfare Law which entered into force in June
2000, it is provided that managers of social welfare institutions
are obliged to
make efforts to settle claims from users, and that prefectures shall establish
committees for proper management within
social welfare councils to provide a
mechanism to deal with complaints from users and to mediate solutions;
(b) The Minimum Standards for Child Welfare Facilities were due to be reformed in September 2000 to prescribe that each child welfare facility should take the necessary measures such as establishing a section to respond speedily and properly to complaints from children placed in the facility.
Measures and actions taken at child guidance centres
155. When a child guidance centre takes or cancels an action on a child based on the Child Welfare Law, article 27, paragraph 8, of this Law provides that the will of the child and the guardian shall be taken into account.
3. The opinions of the child in judicial and
administrative proceedings
Judicial proceedings
156. Anyone who is a party to a
judicial proceeding, or is concerned by it, is generally guaranteed the
opportunity to express his/her
views.
157. Nevertheless, proceedings in
cases relating to personal status and determination, and conciliations of
domestic relations concerning
emergence, alteration or dissolution of status
relationship, require procedural actions through legal representatives for
minors
who are younger than 20 years of age and incapable of understanding the
interests, advantages and disadvantages of legal acts. This
is also the case for
proceedings in civil suits (excluding cases relating to personal status),
administrative litigations, and conciliations
of civil matters.
158. As
regards proceedings in juvenile hearings and criminal actions, the following can
be reported:
(a) Expressing views as a defendant
In
juvenile trials, the juvenile and his/her guardian must be summoned on the day
of the hearing (art. 25, para. 2, of the Rules of
Juvenile Proceeding), and an
attendant must be informed of that date (art. 28, para. 5), allowing the
juvenile, his/her guardian
and the attendant to express their views at the
hearing after obtaining permission from the judge (art. 30). In addition,
the judge
may allow the juvenile’s relatives, teachers and other persons
considered appropriate to be assisted at the trial (art. 29).
As the hearing is
to be conducted cordially in a relaxed and warm atmosphere (art. 22, para. 1, of
the Juvenile Law), attention is
paid to ensure that the juvenile and his/her
guardian, and others, can make statements freely. There are provisions for
recording
the summary of the statements made by the juvenile and others during
the hearing, assuming that the juveniles are allowed to express
their views
(art. 12 and items 4 and 5, and art. 33, para. 2, of the Rules of Juvenile
Proceeding). If a juvenile commits an offence
under the Juvenile Law and other
laws, the case is dealt with by a family court which decides whether to take
protective measures
or not. If the person in question is 14 years of age or
older at the time the crime was committed and the offence is punishable by
the
death penalty, imprisonment or servitude, and it is judged necessary that he/she
be tried under criminal charges, the case shall
be transferred to undergo
criminal proceedings. The Code of Criminal Procedure also stipulates that the
defendant and his/her counsel
shall be given the opportunity to make a statement
on the case in the opening proceedings and 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;
(b) Stating views as the injured party
Concerning
juvenile trials, the Juvenile Law was partially amended in 2000 to prescribe
that in a case involving a criminal juvenile
or any juvenile under 14 years of
age who had allegedly committed a criminal offence, a family court, or a family
court probation
officer, shall, in the course of the hearing, hear the victim or
his/her legal representative, or, in the event of his/her death,
his/her spouse,
lineal relations, or sibling (art. 9-2 of the Juvenile Law). In criminal
proceedings, following the partial amendment
of the Code of Criminal Procedure
in 2000, the victim or his/her legal representative (or his/her spouse, lineal
relation, or sibling
in the event that the injured party dies) may, with the
permission of the court, make a statement of sentiment on the injury and
other
views on the defendant’s case on the day of a public trial (Code of
Criminal Procedure, art. 292 (2)).
Juveniles detained in
correctional institutions
159. For a juvenile detained in a
correctional institution, the opinions of the juvenile concerned are heard when
measures are taken
affecting him/her, as described in paragraph 71 of the
initial report of Japan. This also is the case if disciplinary action is
taken.
160. When the director of the juvenile training school, or the
warden of a penal institution takes a disciplinary action or sanction
against a
juvenile in accordance with, respectively, the provisions of the Juvenile
Training School Law (art. 15) or the instructions
of the Ministry of Justice,
the juvenile is informed in person of the violations of regulations of which
he/she is accused. He/she
is allowed to be heard during the process of inquiry,
permitted to attend the place for examining the disciplinary action or the
disciplinary punishment, and given the opportunity to plead his/her case. In the
absence of the juvenile, a written plea is to be
submitted, giving sufficient
opportunities to plead his/her case.
4. Information on organs and opportunities that allow
a child to have a right to participate in the process of
decision-making
161. In recent years, the process of drafting policies that are extensively related to the people often involves providing opportunities for the people to be heard directly: e.g. various councils invite public opinion in the process of investigation and discussion; and opportunities are always offered for expressing opinions to the Prime Minister by e-mail, facsimile, etc. It is expected that a child, as a person, will participate actively in these opportunities to express views. The policy fields where children are directly involved witness the permeation, among civil servants who are engaged in drafting policies, of the perception that a child is an important part of the interested parties, and therefore must be allowed to participate in drafting these policies.
162. The Courses of Study, that are the
government guidelines for teaching, stipulate that at each stage of elementary,
lower secondary
and upper secondary school, a child should participate in
classroom activities and extracurricular activities, where the pupils of
an
entire class conduct activities such as forming various organizations and
sharing tasks in the class through discussion and cooperation
to enrich and
improve classroom life, and in pupil council or student council activities to
enrich and improve school life, ensuring
the participation of pupils in
decision-making at their schools.
5. Training experts in child-related matters to
encourage children
to express their views
163. See paragraphs 61-69 above.
6. Reflection of children’s views obtained from
evaluation of public opinion,
consultation and petition in
legislature, politics and judicial decisions
164. The Minimum Standards for Child Welfare Facilities (Ministerial
Ordinance) stipulate that child welfare facilities must take
necessary measures,
such as establishing a special section, in order to respond speedily and
properly to complaints from residents
or their guardians concerning treatment in
the facilities.
165. Considering the increasing demand for control of
child prostitution and child pornography from within and outside the country,
such as, for example, criticism formulated at the World Congress against
Commercial Sexual Exploitation of Children held in Stockholm
about child
pornography being sent out from Japan and about Japanese nationals paying for
child prostitution abroad, and in order
to respect the spirit of the Convention
on the Rights of Child, the Law on Punishing Acts related to Child Prostitution
and Child
Pornography, and on Protecting Children, was enacted to further
promote the protection of children from such practices.
IV. CIVIL RIGHTS AND FREEDOMS
A. Name and
Nationality (art. 7)
Registration of birth
166. See paragraphs 72 and 73
of the initial report.
Notification of birth
167.
The notification of birth has to be submitted within 14 days of the birth of a
child (Family Registration Law, art. 49). In
principle, the father or mother of
the child is to submit it; if they cannot, this duty is transferred, in the
following order, to
a person who lives with the mother, a doctor, a midwife, or
another person who was present at the delivery. If none of these persons
can
submit the notification, a legal representative other than one of these may do
so (art. 52). With this notification of birth,
a child who is a Japanese
national is registered in the family register.
168. If a person who is
obliged to submit the notification fails to do so, the mayor of a municipality
shall send this person a reminder,
and if the person still does not, or cannot,
submit it, the mayor may register the child in the family register by virtue of
his/her
authority (art. 44). Furthermore, if a person who is obliged to submit
the notification fails to do so without any justifiable reason
in the prescribed
period, he/she shall be imposed an administrative fine of up to 30,000 yen (art.
120). The Family Registration
Law also applies to foreign children born in
Japan, requiring the submission of the notification of birth in the same way as
for
Japanese nationals.
Appropriate training for staff engaged in
the registration of births
169. Since a child can receive
benefits from various social security systems only if its birth is registered,
the necessity for registration
is widely recognized by the people. The
Government also makes efforts to promote this understanding through maternal and
child health
handbooks and many other means. Article 3 of the Family
Registration Law prescribes the engagement of chiefs of Regional Legal Affairs
Bureaux and District Legal Affairs Bureaux with mayors of municipalities who are
in charge of registration work, and as a form of
this engagement, training and
on-the-spot guidance are provided for local civil service personnel engaged in
the registration work
of each municipality.
Elements required for
the registration of birth
170. Information required for the
registration of the child includes, in case of a legitimate child, his/her full
name, date of birth,
full names of his/her father and mother, family relations,
birthplace, and the name of the person submitting the notification. In
the case
of an illegitimate child, the information on his/her father is not recorded
except when a notification of filiation is submitted
voluntarily by the father,
or by the child after an affiliation has been decided by a
court.
Status of an illegitimate child
171. An
illegitimate child has the rights and duties in relation to his/her legal
parents that are prescribed by the Civil Code of
Japan on parent-child
relationships, including a right to be supported and the duty to support them as
well as inheritance rights
enjoyed by the first-order inheritor.
172. In
some aspects, however, the provisions of the Civil Code etc. differentiate
between legitimate and illegitimate children, in
the following manner:
(a) A legitimate child is, in principle, presumed to be the child of his/her
mother’s husband at the time of conception, while
there is no such
presumption for an illegitimate child, and the child’s legal father is
identified by filiation (Civil Code,
arts. 772 and 779);
(b) While a legitimate child bears the common surname of his/her father and mother, an illegitimate child bears the surname of his/her mother (art. 790);
(c) When heirs include legitimate and illegitimate children, the portion of inheritance for an illegitimate child is half of that for a legitimate child (art. 900);
(d) The notification of birth contains the distinction between legitimate
and illegitimate child, and the family register records
a legitimate child as
the first-born son/daughter etc., while an illegitimate child is recorded as a
male/female child (Family Registration
Law, arts. 13 and 49, para.
2).
173. These differences do not constitute unreasonable discrimination
since they are founded on the following:
(a) The difference in the method of identifying the father is based on the
fact that a legitimate child is conceived in wedlock and
can be presumed as
being the child of his/her mother’s husband with high probability, while
it is difficult to presume with
high probability that an illegitimate child is
the child of a particular man. This arises inevitably from the marital status of
the
parents of the child at the time of conception;
(b) The difference in the surname is due to the fact that since a married
couple assumes a common surname in Japan, the parents of
a legitimate child have
a common surname while the father and the mother of an illegitimate child do
not. This also arises inevitably
from the difference in the marital status of
the parents of the child;
(c) The difference in the parts of inheritance made in order to protect a
family consisting of a legally married couple and their
children, which is not
unreasonable discrimination;
(d) The difference in the records in the family register is a legal
distinction made in accordance with the purpose of the register,
which is to
correctly register and notarize the status of a child and its relations as
determined by private law. This is also not
unreasonable
discrimination.
The right of a child to know his/her parents and to
be cared for by parents
174. See paragraphs 76 to 79 of the initial report. In the family register of Japan, the full name, date of birth, full names of natural parents, family relations with the natural parents etc., are recorded (Family Registration Law, art. 13), and it is possible to obtain a certified copy or an abstract of the family register. There is no age restriction with regard to requesting such a copy or abstract.
Ensuring the right of a child to
acquire nationality
175. The Nationality Law of Japan follows,
in principle, the bilineal jus sanguinis principle. It stipulates that a
child shall be a Japanese national when, at the time of birth of the child, the
father or the mother
is a Japanese national (Nationality Law, art. 2, para. 1).
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 applied so that a child born in Japan can acquire Japanese nationality if
both parents are unknown or do not have
a nationality (art. 2, para.
3).
176. Since this may still leave possibilities for a child to become
stateless under limited circumstances, a child born in Japan,
who has resided in
Japan for three or more years consecutively since his/her birth, may acquire
Japanese nationality by naturalization
in accordance with article 8, paragraph
4, of the Nationality Law. According to this provision, such a child is exempted
from the
conditions on legal capacity and capability to make a living and the
residence requirement is eased to facilitate his/her naturalization
(see
paragraph 75 of the initial report).
177. Irrespective of whether a
child was born in wedlock or not, if he/she has a legal parent-child
relationship with a Japanese
national at his/her birth, the child acquires
Japanese nationality at birth.
178. As for the acquisition of Japanese
nationality by the child of a refugee or an applicant for refugee status, the
naturalization
process described in paragraph 171 above applies, regardless of
whether the law of the country of the parent follows the jus sanguinis or
the jus soli principle.
B. Preservation of identity (art. 8)
179. When a person requests a certified copy or an abstract of another
person’s family register, unless the former is a relative
of the latter
the person must clearly state the reasons for the request. When such requests
are apparently unfounded, the mayor of
a municipality may refuse the issuance
(Family Register Law, art. 10, paras. 2 and 3). As for a certified copy of the
family register
from which all persons registered are removed, a request may be
made in certain cases, if the request is made by a person who has
a certain
relation to one on the register, or by a qualified person such as a lawyer in
the exercise of his/her duties; the certified
copy shall be submitted to a court
or other government and municipal agency; or the person has a rightful interest
(Family Register
Law, art. 12, para. 2, and Enforcement Regulations of the
Family Registration Law, art. 11, paras. 2 and 3), in order to prevent
an
outsider from illegally obtaining information on the identity of a
child.
180. A person who has been issued with a certified copy or an
abstract of another person’s family register illegally shall
be liable to
an administrative fine of up to 50,000 yen (art.121, para. 2).
C. Freedom of expression (art. 13)
181. See paragraph 83 of the initial report.
School rules
182. With respect to school rules, it is important to review
them constantly based on the condition of students and the views of
the
students’ guardians. From this point of view, the Ministry of Education,
Culture, Sports, Science and Technology has been
providing guidance to the
boards of education.
D. Freedom of thought,
conscience and religion (art. 14)
Exercise of the right to freedom of thought, conscience and religion
and
consideration for developing abilities of a
child
183. See paragraph 100 of the initial report. Freedom of
thought, conscience and religion is to be instructed properly according
to the
stages of development of students. For instance, in the sixth grade of
elementary schools, pupils learn that the Constitution of Japan stipulates
principles for the State and the life of the people such as rights and duties of
the people; in lower secondary
schools, students learn about the significance of
the dignity of individuals and respect for human rights; and in upper secondary
schools, these studies are developed further according to the interests and
concerns of each student.
Approach to religion at public
schools
184. In Japan, article 9, paragraph 1, of the
Fundamental Law of Education states that the attitude of religious tolerance and
the
social status of religion shall be valued in education, while paragraph 2 of
the same article provides that schools run by the State
and local governments
shall not engage in religious education or any other religious activity for any
specific religion, thereby
respecting freedom of religion for students. Private
schools are allowed to offer classes in religion.
E. Freedom of association and of peaceful assembly
(art. 15)
Restrictions on exercising this right in conformity with the provisions
of article 15, paragraph 2
185. The Subversive Activities
Prevention Law stipulates that organizations which are involved in violent or
subversive activities
such as civil war, external threat, and murder for
political purposes shall be punished, under certain circumstances, by
restrictions
on the activities of the organization or its dissolution. These
provisions conform to article 15, paragraph 2, of the Convention
on the Rights
of the Child: “[Restrictions] imposed in conformity with the law and which
are necessary in a democratic society
in the interests of [...] public safety,
[...] or the protection of the rights and freedoms of others.”
F. Protection of privacy (art. 16)
186. See paragraphs 102 and 103 of the initial
report.
Protection of honour and reputation
187.
See paragraph 105 of the initial report.
Asking a juvenile suspect
to go voluntarily to the police
188. In summoning a juvenile
suspect to go voluntarily to the police station, if it is considered more
appropriate for a police officer
to go to his/her home, school, workplace, etc.,
or to summon him/her to a facility other than the police station, one of these
alternatives
shall be chosen. In choosing the time for an interview, school
hours or working hours, as well as late hours shall be avoided, and
an interview
shall not last too long. These and other provisions on how to summon and
interview juveniles are contained in the Guidelines
for Police Activities on
Juvenile Crimes, based on consideration for juvenile characteristics in
summoning and other actions.
Correctional
institutions
189. The concluding observations on the initial
report of Japan adopted by the Committee on the Rights of the Child include a
recommendation
on the protection of a child’s privacy at various
institutions (para. 36). In juvenile classification homes, a juvenile is,
in
principle, placed in a single room upon arrival at the home. Afterwards, if the
juvenile is judged apt at living in a community,
he/she is moved to a shared
room. Even in such cases, rooms are shared by juveniles, after various aspects
of their relationship,
personality, age, complicity with one another etc have
been taken into account. In addition, a chest for personal items, clothing
and
bedding, daily necessities, stationery for studies, etc. are lent or supplied,
and personal articles may also be used as long
as they do not disrupt the
maintenance of discipline or create hygienic problems in the institution
(Juvenile Classification Home
Treatment Regulations, arts. 24 and 24 (2)). Thus,
efforts are made to protect the personal lives of juveniles by paying attention
to the juveniles’ human rights, and treating them with respect for their
dignity and values.
190. A juvenile who is sent to a juvenile training
school is placed in a single room upon arrival at the school. His/her
circumstances
and mental and physical condition are examined in a relaxed
environment so as to design the most effective educational programme
for
him/her. Afterwards, he/she usually goes on to the treatment stage and is moved
to a shared room. In this case, a chest for personal
items, clothing and
bedding, daily necessities, stationery for study, etc. are lent or supplied, and
personal articles may also be
used, if necessary (Juvenile Training School
Treatment Regulations, arts. 37 and 38), thereby providing an environment in
which the
personal lives of juveniles are fully respected.
191. As for
juveniles in penal institutions, they are placed in single rooms since the
Juvenile Law requires that juveniles should
be separated from adult inmates.
Even when juveniles are placed in a shared room, attention is given to each
case, and consideration
is paid to the circumstances of each juvenile (criminal
offence record, personality, age, etc.) in deciding which inmates are to
share a
room. Therefore, personal lives of inmates are fully respected as long as the
purpose of confinement is not damaged and no
obstacle is posed to the
maintenance of discipline and order in the institutions.
G. Access to appropriate information (art.
17)
Enrichment of school libraries
192. Each school is
equipped with a school library. Efforts are made to improve school libraries by
creating new posts and offering
training to librarian teachers, promoting the
use of information technology in school libraries, recruiting library
volunteers, etc.
Recommendation of cultural assets for children
193. See paragraph 87 of the initial report. In 1999, 112 publications, 48 audio-visual materials and 28 items of theatrical art were recommended. The Welfare and Culture Subcommittee of the Social Security Council will be established in 2001, and will be in charge of recommending cultural assets for children.
International
cooperation
194. See paragraphs 92 and 93 of the initial report
of Japan.
Table 4
Subsidies to the Asia/Pacific Cultural Centre for UNESCO
Year
|
Amount of subsidy
(In thousands of yen) |
1997
|
392 201
|
1998
|
353 259
|
1999
|
326 498
|
2000
|
295 022
|
2001
|
269 809
|
Table 5
Financial assistance to the educational/cultural
broadcasting sector
through cultural grant aid
Year
|
Number of projects
|
Cooperation (budget-based)
(In tens of thousands of yen) |
1996
|
5
|
23 520
|
1997
|
9
|
40 090
|
1998
|
2
|
4 230
|
1999
|
3
|
10 970
|
Protection of juveniles from harmful
information
195. As magazines, videos, computer software, etc.
with extreme contents on sex and violence are sold at ordinary bookshops and
convenience
stores, and are therefore readily available to juveniles, the
Government is promoting self-regulatory measures for relevant business
circles
in cooperation with related agencies and organizations and local communities,
and is endeavouring to guide and regulate individuals
engaged in this
business.
196. In the last few years, computer networks such as the
Internet have created a situation whereby juveniles can easily access harmful
information. Therefore, the Government is actively implementing comprehensive
measures concerning information on networks harmful
to juveniles, including the
reinforcement of regulations against child pornography, obscene pictures and
other prohibited information,
and the promotion of voluntary measures by
providers. In April 1999, the business of offering pornographic pictures on the
Internet,
was subjected to regulations in accordance with the Law on Control and
Improvement of Amusement and Entertainment Businesses, aiming
at its proper
management. The Government makes efforts to implement the revised
regulations.
197. The Government has launched controls on business
operations, in conformity with the Law on Control and Improvement of Amusement
and Entertainment Businesses, to forestall cases of business operators selling
particular sexual entertainment objects and distributing
obscene items or child
pornography.
Protection from injurious information in the field of
broadcasting
198. In the field of broadcasting, the Ministry of
Public Management, Home Affairs, Post and Telecommunications (previously, the
Ministry of Post and Telecommunications) established “Study Group for
Research on Young People and Broadcasting” in May
1998 in order to discuss
the direction of measures regarding youth and desirable broadcasting. The report
prepared in December of
the same year proposed: (a) the enrichment of broadcast
programmes for young people; (b) the improvement of media literacy; (c) the
utilization of third-party organizations; (d) the promotion of research on young
people and broadcasting; (e) the reconsideration
of broadcast times; and
(f) the improvement of the provision system of programme
information.
199. In order to realize these proposals, in January 1999,
the Ministry organized a “Panel of Experts on Young People and
Broadcasting”
together with the Japan Broadcasting Corporation (NHK) and
the National Association of Commercial Broadcasters in Japan (NAB). The
conclusions of this meeting, published in June 1999, outlined voluntary efforts
such as establishing a new, third-party organization
to handle issues related to
young people and broadcasting (NHK, NAB), and setting a broadcasting time (5-9
p.m.) with special consideration
for a young audience (NAB).
200. In
particular, as a third-party organization, the “Broadcasters’
Council for Youth Programming” was set up
in April 2000. Other measures
are being addressed by broadcasters.
201. In addition, the Ministry held
meetings of the “Study Group on Young People and Media Literacy in the
Field of Broadcasting”
from November 1999 to June 2000, that discussed the
direction of measures to improve media literacy. In response to a proposal from
this study group, the Ministry is also making efforts to develop media literacy
teaching materials etc. for students at elementary
and lower secondary
schools.
Protection from illegal and harmful information on the
Internet
202. The Ministry of Public Management, Home Affairs,
Post and Telecommunications (previously the Ministry of Post and
Telecommunications)
started the “Study Group on Ensuring Appropriate
Circulation of Information on the Internet”, chaired by Professor Masao
Horibe of Chuo University, in May 2000. The report prepared in December of the
same year proposed furthering the discussion on measures
needed to support
self-control by Internet service providers (ISPs) etc., including clarification
of the responsibilities of ISPs,
and legislation governing the procedures for
disclosing information of senders, and, on the recipient side, to support
efforts for
promoting the widespread use of labelling/filtering technology that
intercepts access to undesirable information. In response to
these proposals,
the Ministry plans to give further consideration to the clarification of
responsibilities of ISPs, to the development
of legislation for disclosing
sender information, as well as to the preparation of a system to help promote
widespread use of labelling/filtering.
203. The Telecommunications
Advancement Organization of Japan, an organization authorized by the Ministry,
has, from January 1998
to March 2001, conducted research and development for the
advancement of rating/filtering technology, such as a technology to support
contents rating. It has also been working, since 1999, on research and
development of systems that will contribute to measures against
improper use of
information and communication technologies, such as a system that supports
countermeasures by ISPs etc., against
illegal and harmful information, and a
system that controls troublesome communications on the
Internet.
Self-control of harmful information
204.
Responding to changes in the social environment, the Government promotes
protection of children from harmful information in
cooperation with the
industries concerned, by requesting them to practise self-control and
self-restraint in offering harmful information.
State of self-control by concerned business circles
Details
|
|
---|---|
Mass media in general
|
Newspapers, broadcasting, publication, movies, advertising signs, and
record industries established the National Council to Promote
Ethics of the Mass
Media, which held a meeting for research into the desirable relation between the
mass media and youth and other
related issues
|
Publishers
|
– The Publishing Ethics Council has implemented independent
self-imposed control measures in handling harmful publications
(four
organizations which belong to the Council have adopted such ethical
principles);
– The Conference of Publishing Ethics, organized by 31 companies
that publish adult entertainment magazines etc. has set ethical
principles for
self-controlled editing with consideration for protection of youths, and acts in
accordance with these principles;
– Regarding comics and books with explicit sexual descriptions for
young boys and girls, paper bands are placed around book
jackets so that they
can be distinguished at stores;
– Indications of marks on comics and magazines for
youths;
– Establishing adult corners; – Face-to-face sales. |
Movies, videos, computer software, etc.
|
– The Administration Commission of the Motion Picture Code of
Ethics was established as a self-management organ for activities
on motion
picture ethics, and its examination sector reviews each motion picture based on
the Motion Picture Code of Ethics for classification
according to the ratings as
R-18 (no admittance under 18 years of age), R-15 (no admittance under 15 years
of age), and PG-12 (a
parent or guardian should desirably accompany a child
under 12 years of age);
– The Nihon Ethics of Video Association, a self-regulatory
organization of the video industry, has established the “Visual
Software
Code of Ethics” for activities on video software ethics, implementing
examinations voluntarily, for example the classification
of videos according to
these ratings, NC-18 (no showing, lending or selling of video software to those
under 18 years of age), R-rated
(no showing, lending or selling of video
software to those under 15 years of age), or General audience (not
restricted);
– In addition, the following organizations have set and follow
ethical principles:
|
Broadcasting
|
− The NAB has established the “Broadcasters Council for Youth Programming”, a third-party organization to receive opinions from audiences on desirable broadcasting for youth or broadcasted programmes, thereby providing measures voluntarily. In addition, they produce and broadcast programmes which contribute to the improvement of media literacy; |
Advertisement
|
Each related organization has its own self-control standards. In addition,
companies including sponsors, newspapers, broadcasters,
publishers,
advertisement producers and advertising have jointly established the Japan
Advertising Review Organization, Inc. (JARO),
which handles complaints against
advertisements including those related to youth problems.
|
Show business
|
− The Japan Association of Theatre Owners, formed by business circles of motion pictures, theatrical performance, and variety entertainment, has set its own self-control standards, including the prohibition of double features of a movie for general audiences and one with restrictions such as PG-12, R-15, and R-18, the posting of a warning notice set by the union when showing a movie with restrictions, and refusing admittance to persons concerned by these restrictions; |
Karaoke boxes
|
The Japan Karaoke Studios Association has established self-control
standards such as restrictions on time used by youths, prevention
of drinking
and smoking by minors, prevention of drug abuse, but also regulations concerning
security, such as not installing locks
from the inside and the obligation to
have a window through which the inside of the room can be seen from outside;
lecture classes
are also offered across the nation for managers, etc.
|
Internet
|
− The Telecom Services Association announced the publication of “Guidelines for Measures by Businesses Related to Internet Access Services”; |
Support for parent-teacher associations on measures against the
negative influences of harmful information surrounding young
people
205. Since April 1998, the Ministry of Education,
Culture, Sports, Science and Technology has been calling for ministries and
organizations
concerned to consolidate self-imposed restrictions in order to
take measures against the negative influences of harmful information
surrounding
young people, including sexual or violent expressions in the media. In addition,
the Ministry has been providing support
for national monitoring research of
television programmes implemented by parent-teacher associations (PTAs). In
order to effectively
support the activities of non-profit organizations (NPOs),
the Ministry is planning to conduct research to study the progress of
NPO
activities concerning TV programmes overseas in fiscal year 2001. Furthermore,
the Government is promoting regional activities
conducted by local residents or
groups in order to protect children from harmful information
etc.
Ordinances relating to the protection and education of
youth
206. Prefectural authorities establish youth protection
ordinances which regulate harmful books, videos, movies and advertisements,
taking into account the specific circumstances of local communities. In 1999
23,685 materials were designated harmful by ordinance.
The Government is aiming
at the effective implementation of these ordinances.
Table 6
Trends in the number of cases designated as harmful under Youth Protection Ordinances
|
1995
|
1996
|
1997
|
1998
|
1999
|
Total
|
65 451
|
75 840
|
52 464
|
28 797
|
23 685
|
Films
|
2 666
|
2 841
|
2 888
|
1 191
|
1 192
|
Magazines
|
20 474
|
17 908
|
10 953
|
8 764
|
7 953
|
Advertisements
|
0
|
21
|
18
|
41
|
6
|
Videos, etc.
|
42 311
|
55 070
|
38 605
|
18 801
|
14 534
|
H. Right not to be subjected to torture or other
cruel, inhuman or degrading
treatment or punishment (art. 37
(a))
Torture of children
207. See paragraphs 107-110 of
the initial report of Japan.
Corporal punishment at correctional
institutions
208. While the concluding observations on the
initial report adopted by the Committee on the Rights of the Child recommended
the
prohibition of corporal punishment at various institutions (para. 45), the
inmates of correctional institutions are guaranteed the
right not to be
subjected to torture and other cruel, inhuman or degrading treatment or
punishment, as described in paragraphs 107-110
of the initial
report.
Corporal punishment at child welfare
facilities
209. Corporal punishment at a child welfare facility
is a serious violation of the right of a child in the facility, and must never
be allowed to happen. For this reason, the Ministry of Health, Labour and
Welfare has so far:
(a) Revised the Minimum Standards for Child Welfare Facilities in February
1998 to include a provision forbidding the heads of facilities
to abuse their
authority for disciplinary purposes, and has endeavoured to have them abide by
this provision;
(b) Stipulated, in the Social Welfare Law approved in June 2000, the
obligation of managers of social welfare businesses to make
efforts to solve
users’ complaints, and required each prefecture to set up a committee for
proper management in the Social
Welfare Council, so as to provide a mechanism to
address complaints by users and to mediate solutions;
(c) Revised the Minimum Standards for Child Welfare Facilities in September
2000, to require these facilities to take necessary measures
such as
establishing a section to respond speedily and properly to complaints from
children placed in the facility; and,
(d) Issued a recommendation in accordance with the Child Welfare Law, to the
effect that facilities, where acts of corporal punishment
violating the right of
a child, have occurred, are to improve their management and receive guidance so
that such acts never happen
again.
Corporal punishment at schools
210. Corporal punishment at schools is
strictly prohibited under article 11 of the School Education Law. The Government
has been
giving instructions to persons involved in education to realize the
principle of this provision at every possible opportunity, including
through
training courses and conferences. The National Centre for Teachers’
Development, an independent administrative institution
responsible for the
unified and comprehensive implementation of training programmes for teachers at
the national level, gives lectures
on education-related laws and ordinances in
training sessions for teachers who are expected to play a leading role at each
local
level, or in prefectures or cities. Such lectures deal with disciplinary
action and corporal punishment against schoolchildren. At
the annual conference
of student guidance teachers, the Government promotes awareness of this
matter.
211. At Japanese schools, disciplinary action may be taken when
it is considered necessary for educational purposes. In taking disciplinary
action, however, the Government has been repeatedly instructing the boards of
education and other educational institutions to pay
full attention to the
circumstances surrounding each student by listening to his/her explanation and
opinions, and to ensure that
such disciplinary action has essential educational
effects instead of serving merely a sanction.
Court cases
212. There are no court rulings in which a
child is recognized to have been a victim of torture etc.
V. FAMILY ENVIRONMENT AND ALTERNATIVE
CARE
A. Parental guidance (art. 5)
1. Information
on family composition, ensured respect for parental responsibilities, and
instructions and guidance given by parents
213. See paragraphs 111-113 of the initial report.
2. Family counselling about child rights, educational programmes and activities for parents, and specialist training programmes
214. Staff specialists in child welfare offer counselling and assistance
services about child-rearing at child guidance centres,
welfare offices (family
and children’s guidance room), children and families supporting centres,
and childcare support centres.
In 1998, a guidebook entitled “You’re
O.K. As You Are”, which is essential for child-rearing, was distributed to
families with infants to help them raise their children.
215. The human
rights organs of the Ministry of Justice prepared leaflets and educational
materials to help the general public better
understand the objectives and
contents of the Convention and distributed them to relevant authorities such as
schools, boards of
education, and prefectures through the Regional Legal Affairs
Bureaux and District Legal Affairs Bureaux nationwide.
216. See
paragraphs 58 to 69 above on specialist training.
3. Respect for the guiding principles of the Convention
such as non-discrimination
and respect for the best interests of the
child, and progress and problems in implementing article 5
217. See paragraphs 106-110 above.
B. Parental responsibility (art. 18, paras.
1-2)
Legal aspects of parental responsibility
218.
Article 6 of the Basic Law for a Gender-Equal, enacted in 1999, lays down the
basic principle that women and men can perform
their roles smoothly as household
members in home-related activities, including child-raising and nursing of
family members through
mutual cooperation and social
support.
Obligation to have a child receive general
education
219. The School Education Law provides that parents
have the obligation to let their child receive a general education at an
elementary
school or school for children with visual, hearing and physical
impairments, from the beginning of the first school year which begins
after the
day following his/her 6th birthday to the end of the school year in which the
child becomes 12 years old, as well as to
attend a junior high school,
lower secondary school or lower secondary school for children with visual,
hearing and physical impairments,
from the beginning of the first school year
which begins after the day following completion of elementary education to the
end of
the school year in which the child attains the age of
15 years.
Assistance to persons with parental
authority
220. As mentioned in paragraph 44 above, a child
allowance, child-rearing allowance, and special child-rearing allowance are
provided
to support persons with parental authority.
221. Compulsory
education offered by national and public schools is free of charge, and the
textbooks used for compulsory education
are supplied by the Government free of
charge to students of both public and private elementary and junior high
schools. Moreover,
municipalities must provide the necessary aid to guardians
whose children cannot attend school for financial reasons (School Education
Law,
arts. 25 and 40), so that the children can receive compulsory education. The
Government also helps promote the smooth implementation
of compulsory education
by providing the necessary aid to municipalities that encourage compulsory
education attendance by offering
school supplies to the children and students
who have difficulties in attending school for financial reasons, in accordance
with
the “Law concerning the National Treasury’s Share to Encourage
School Attendance of Pupils and Students Having Difficulties”.
These
measures for free compulsory education are also applicable to non-Japanese
children.
Facilities for child protection and their
improvement
222. On this aspect, the following can be
reported:
(a) In providing an alternative to a family environment for children who
need special assistance, care and protection, such as abused
children, it is
important to offer them a home environment as far as possible. The Ministry of
Health, Labour and Welfare recognizes
the foster-parent programme as a very
important system to raise children in a family environment with love and
understanding for
their sound development, and thus makes efforts to promote
it;
(b) To promote the placement of children with foster parents and in order to
find new foster parents, the Ministry provides financial
aid to relevant
projects such as training provided by municipalities and exchange events between
potential foster parents and children,
organized by the National Foster Parent
Association. In 1999, it also started to provide financial aid and advisory
services for
foster parents at children’s homes. In August 1999, a new
procedure was announced in view of social changes, including the
increasing
number of double income families, so that families with both spouses working can
receive a child as foster parents using
day-care centres;
(c) In 2000, regional small-scale children’s homes, with a maximum
capacity of six children, were established to encourage
social independence of
children by building favourable relationships with local communities and caring
for children in a home environment;
(d) The revision of the Minimum Standards for Child Welfare Facilities in 1998 increased the per capita space of a children’s home from 2.47 m2 to 3.3 m2. The standard area for allocating Government subsidies for the construction or improvement of facilities by local municipalities and social welfare legal persons also increased from 23.5 m2 per child to 25.9 m2 (with the room area per child increased to 9 m2, greatly exceeding the minimum standard) in the 2000 budget.
Progress and problems in implementing article 18, and future goals
223. The “Opinion Survey on Gender-Equal
Society” conducted by the Prime Minister’s Office revealed that the
proportion
of positive responses to the question whether men should get more
actively involved in raising, disciplining and educating children,
increased
from 38.7 per cent in 1993 to 44.4 per cent in 2000.
224. More and
more people consider it desirable that men as well as women should take part in
housekeeping and community activities,
and balance work and family life. The
perception towards traditional gender-oriented role-sharing as reflected in the
term “Men
at work, women at home” has been steadily changing. The
Government will continue to make efforts to promote participation of
both men
and women in family life under the Basic Law for a Gender-Equal Society, enacted
in 1999 and the Basic Plan for Gender Equality
drawn up in 2000.
C. Separation from parents (art. 9)
1.
Ensuring that a child is not separated from his or her parents, as provided
in article 9, paragraph 1
225. See paragraphs 123 and 124 of the initial report.
2. Ensuring that all interested parties are given an
opportunity to participate in the proceedings (Domestic Relations
Determination)
226. See paragraphs 126 and 127 of the initial
report.
Measures by child guidance centres
227.
Article 27, paragraph 8, of the Child Welfare Law provides that the will of a
child and his/her guardian(s) should be heard
when a child guidance centre takes
or stops measures in relation to the child.
3. Ensuring the right of a child who is separated from
either or both of his/her parents to maintain personal relations and direct
contact with them on a regular basis
228. In cases where the father and the mother of a minor are divorced,
the question of whether or not to grant visiting rights to
the parent who does
not have custody, and its modalities, are determined in accordance with article
766, paragraph 1, of the Civil
Code. Matters related to the custody of a child
are determined by consultations between the parents. When parents cannot consult
or fail to reach an agreement through such a consultation, these matters are
determined by a family court (para. 1). The family court
may change the
determined agreement and order other arrangements (para. 2). It is understood
that these provisions are applied in
the interest of the child (para.
2).
229. Meetings and correspondence between a juvenile detained in a
correctional institution and his/her family members are described
in paragraph
128 of the initial report. Furthermore, in a juvenile classification home, a
juvenile is permitted to meet his/her family
members unless it is in violation
of the discipline of the home (Juvenile Classification Home Treatment
Regulations, arts. 38 and
40). Home staff are present at the meeting to watch if
this does not harm detention and classification (art. 39, para. 1), but the
juvenile may also meet without anybody present if it is deemed necessary (art.
39, para. 2).
230. In a juvenile training school, permission for
meetings and correspondence must be granted unless it is deemed obstructive to
correctional education (Juvenile Training School Treatment Regulations, arts. 52
and 55). Since meeting with guardian(s) is important
for the juvenile in
overcoming his/her problems and smoothly reintegrating society, when such
meetings are deemed necessary for the
correctional education of the juvenile,
the director makes efforts to encourage his/her family to correspond or meet the
juvenile
(art. 56). Meetings shall be arranged at an appropriate place (art. 53)
and therefore each school has an interview room. In this
respect, due
consideration is given not only to physical aspects of the room but also to
environmental aspects, such as meeting at
appropriate places other than the
interview room, to encourage family communication. For example, some schools
have a family dormitory
where parents can stay and meet the child.
231.
To make the meeting beneficial for a juvenile, school staff are present at the
meeting (art. 54). Staff members with special
expertise, albeit respecting the
child’s right to privacy, pay careful attention to making the meeting a
beneficial opportunity
to provide family counselling, improve the environment
surrounding the juvenile, and make a life plan for after his/her
release.
232. A juvenile in a penal institution is permitted meetings
and correspondence with his/her relatives (Prison Law, arts. 45 and
46). The
permitted number of meetings and correspondence for prisoners in penal servitude
and other prisoners is once a month and
once every 15 days, respectively (Prison
Law Enforcement Regulations, arts. 123 and 129). However, prisoners in penal
servitude who
are entitled to progressive treatment may be permitted more
meetings and correspondence according to his/her grade and to article
63 of the
Ordinance for Prisoners’ Progressive Treatment. When it is deemed
necessary for educational purposes, the warden
may further increase the number
of meetings (art. 66 of the Ordinance). Furthermore, for those under 20 years of
age, the warden
may increase the number of meetings if it is deemed necessary
for educational purposes, regardless of the qualifications for progressive
treatment or his/her grade (proviso clauses of articles 123 and 129 of the
Prison Law Enforcement Regulations). Meetings shall be
conducted in an interview
room (art. 126), during working hours (art. 122), and last 30 minutes (art.
121). However, these limitations
may be relaxed when the warden deems it
necessary (art. 124).
233. In an immigration centre, a minor who needs
protection or care shall be accommodated in the room with his/her parent.
Careful
consideration is given for a minor who is not living in the same room
with his/her parent to have an opportunity of meeting with
him/her. In the
centre, maximum freedom is guaranteed insofar as it does not pose a threat to
the security of the centre (Immigration
Control and Refugee Recognition Act,
art. 61, para. 7), and meetings and correspondence are basically allowed
(Detainee Treatment
Regulation, arts. 34 and 37). Thus, the right of a child
separated from either or both of his/her parents to maintain personal relations
with them is ensured.
4. Ensuring the provision of information about the
whereabouts of absent
members(s) of the family
234. See paragraph 129 of the initial report.
5. Progress and problems in implementing article 9, and
information about arrest, imprisonment, deportation, repatriation and
death
235. Enquiries by family members on the whereabouts of a foreigner detained in immigration centres made through the diplomatic representatives of his/her country of nationality are responded to after investigation. In the event of the death of a foreigner in detention in a centre, his/her family, or person living with him/her, is promptly informed, through the diplomatic representatives of his/her country of nationality, of the date of death, disease and the cause of death. Enquiries by family members on the deportation of a foreigner, made through the diplomatic representatives of his/her country of nationality are responded to, providing information on his/her destination, time and date of deportation and the flight number of the aeroplane.
D. Family reunification (art.
10)
Ensuring family reunification
236. See paragraphs
130-132 of the initial report.
Application for entering the country
for the purpose of family reunification
237. As provided in the
Immigration Control and Refugee Recognition Act, the application by a foreigner
to enter Japan for the purpose
of visiting his/her family living in Japan is
handled in proper ways, in accordance with article 10, paragraph 1, of the
Convention.
Ensuring the rights of the child whose parents reside
in different States
238. See paragraphs 131 and 132 of the
initial report.
Ensuring respect for the rights of the child and
his/her parent(s) to enter or leave a country, and restrictions on the right to
leave
it
239. See paragraphs 131 and 132 of the initial
report.
Progress and problems in implementing article
10
240. The Japanese Government has handled this issue properly
and in accordance with the provisions of article 10 of the Convention,
under the
Immigration Control and Refugee Recognition Act, leaving no problems in this
respect.
E. Illicit transfer and non-return of children abroad
(art. 11)
Illicit transfer of children abroad
241. To prevent
the illicit transfer of children abroad, article 8, paragraph 2, of the Law for
Punishing Acts related to Child Prostitution
and Child Pornography, and on
Protecting Children, provides that “a Japanese transferring a child in a
foreign country who
is kidnapped, abducted and traded out of that country”
shall be punished.
F. Recovery of maintenance for the child (art. 27,
para. 4)
242. See paragraph 135 of the initial report for the case in which the
child is to recover maintenance in Japan and where the child’s
parents or
other persons having financial responsibility for the child live in Japan. A
total of 12,726 recommendations were made
in 2000 by the family courts ordering
financial obligations to be met, of which 7,556 cases were settled with the
obligation fully
or partially performed. In cases where an agreement has already
been reached with regard to the payment of maintenance, a lawsuit
may be filed
to seek for the implementation of the agreement.
243. See paragraphs 136
and 137 of the initial report for the case in which the child is to recover
maintenance in Japan and where
the child’s parents or other persons having
financial responsibility for the child live in a different country.
G. Children deprived of a family environment (art.
20)
245. In providing an alternative to a
family environment for children who need special assistance, care and
protection, such as abused
children, it is important to offer them a home
environment as far as possible. The Government recognizes the foster parent
programme
as a very important system to raise children in a family environment
with love and understanding for their sound development, and
thus makes efforts
to promote it.
246. In 2000, regional small-scale children’s
homes, with a maximum capacity of six children, were established to encourage
social independence of children by building favourable relationships with local
communities and caring for children in a home environment.
247. The
Ministry of Health, Labour and Welfare provides financial aid to relevant
projects such as training provided by municipalities
and exchange events between
potential foster parents and children, organized by the National Foster Parent
Association. In 1999,
it also started to provide financial aid and advisory
services for foster parents at children’s homes.
248. In August
1999, a new procedure was announced in view of social changes, including the
increasing number of double income families,
so that families with both spouses
working can receive a child as foster parents using day-care centres.
H. Adoption (art. 21)
1. Ensuring the
utmost consideration of the child’s best interests in adoption
249. See paragraphs 132-136 above. As for ordinary adoption, ex post
facto remedies are guaranteed with the provision of dissolution
by agreement
(Civil Code, art. 811), dissolution by judgement (art. 814) and court decision
on withdrawal of parental authority (art.
834) and, for special adoption, with
the provision of court decision on withdrawal of parental authority (art. 834)
and dissolution
(art. 817-10). Dissolution by court decision is allowed only if
substantial harm is inflicted on the interests of the adopted child,
such as
abuse by the adoptive parents, his/her natural parents ability to take
reasonable care of the child, and when it is deemed
necessary in the interests
of the adopted child.
250. The director of a child guidance centre
recommends that those who intend to adopt should take care of a child to be
adopted
for at least six months as a foster parent.
2. Intercountry Adoption
Intercountry adoption as an alternative means in cases where a
child cannot be taken care of in his/her country
251. Under the
Japanese legal system, both the adoption of foreign children by Japanese
nationals and the adoption of Japanese children
by foreign nationals are
allowed:
(a) Adoption of foreign children by Japanese
nationals
252. The law applicable in this case is Japanese law and
the Civil Code of Japan. If the law of the country of the adoptive child
sets
requirements for the protection of adoptive children, for example, the approval
or consent of the adoptive child or a third
party, permission from public
authorities, and other procedures, these requirements need to be satisfied as
well (Law concerning
Application of Laws in General, art. 20, para.
1).
253. Thus, in ordinary adoption, the family court facilitates the
welfare of a child by considering the childcare situation in the
country of the
foreign minor in granting permission for adoption. In special adoption, the
childcare situation in the country of
the child to be adopted is also taken into
consideration, since the court ruling for adoption is made only when it is
deemed necessary
for the interest of the child, for instance, when the placing
of the child in the custody of his/her natural parents is extremely
difficult or
inappropriate. Thus, when a foreign child is adopted under the international
adoption system of Japan, the child is
granted protection equivalent to, or
greater than, protection granted in the case of a national
adoption.
(b) Adoption of Japanese children by foreign
nationals
254. In this case the law of the country of the adoptive
parents is applicable. Nonetheless, requirements for the protection of children
under the provisions of the Civil Code of Japan also need to be satisfied (Law
concerning Application of Laws in General, art. 20,
para. 1). Therefore, both in
ordinary and special adoptions, as noted in (a) above, childcare situations of
the child to be adopted
in Japan are considered, and thus the child is ensured
protection equivalent to protection ensured in the case of a national
adoption.
Improper financial gain
255. As for
measures to ensure the sufficient protection of the child’s rights in
cases of intercountry adoption, the Child
Welfare Law prohibits acting as an
intermediary for profit-making purposes, and anyone who violates these
provisions is liable to
punishment under the
law.
Measures to ensure that the adoption of Japanese children by foreign nationals is conducted by competent authorities or organizations
Table 7
Children concerned by intercountry adoption: filings at all family courts
Year
|
Total filings for adoption
|
Ordinary adoption
|
Special adoption
|
1996
|
412
|
382
|
30
|
1997
|
426
|
403
|
23
|
1998
|
479
|
450
|
29
|
1999
|
472
|
446
|
26
|
2000
|
534
|
500
|
34
|
Notes: Intercountry adoption is defined as an adoption where all or
any of the applicants, other party, principal party, and person intervening
are
foreigners.
Figures show the number of filings for adoption from January to
December of each year. Ordinary adoption and special adoption are
recorded
separately, according to the nature of a request.
Data as from 2001 are not
available.
I. Periodic review of placement (art. 25)
Correctional institutions
256. There is a system of
release on parole both from juvenile prisons for juveniles serving prison
sentences or penal servitude,
and from juvenile training schools. These systems
allow a periodic review of the circumstances of placement and intend to help a
juvenile rehabilitate and return smoothly to society.
257. The authority
to determine whether to permit release on parole from juvenile prisons or
juvenile training schools lies with
the eight Regional Parole Boards. These
Boards constitute panels of three Board members which begin discussing the
request for a
release on parole made by the head of a correctional institution.
This is followed by the deliberation by an assigned Board member,
who then
normally interviews the inmate and advises the panel on the appropriateness of
release on parole, parole period, and special
conditions to observe during the
parole period. The decision on whether to approve the release on parole is taken
by the panel based
on these findings. The head of a correctional institution is
required to examine the application for release on parole (Ordinance
for Parole
and Probation, art. 17), and the examination shall be completed by the day when
the release on parole can be legally permitted.
A review examination is required
to take place at least every six months (art. 19), based on which the
appropriateness of the application
is periodically reviewed. In this
examination, external specialists, psychiatrists, psychologists, judges and
prosecutors are asked
to give their opinions (art. 18) to ensure that the
examination is conducted properly.
Child welfare
institutions
258. Article 46 of the Child Welfare Law provides
for the authority of administrative agencies to make inquiries and inspections
in order to maintain the Minimum Standards for Child Welfare Facilities, and
this article, as well as article 12, paragraph 2, of
the Ordinance for the
Enforcement of the Child Welfare Law require the governor to carry out
inspections more than once a year. Revisions
of the Child Welfare Law in 1997
included the following conditions, which are also subject to inspection:
(a) Prefectures shall hear a child’s view when taking measures to place him/her in an institution;
(b) Prefectures, or authorized child guidance centres shall hear opinions of the Prefectural Child Council with legal and medical experts if the will of a child or his/her guardian(s) is not concurrent with the measures decided concerning his/her placement.
J. Abuse and neglect (art. 19); physical and
psychological recovery and social reintegration (art. 39)
1.
Legislative and administrative measures pursuant to article 19
259. See paragraphs 107-110 of the initial report.
Child
Abuse Prevention Law
260. In May 2000, the Child Abuse
Prevention Law was enacted with the aim of promoting measures against child
abuse, and it was enforced
on 20 November of the same year. The Law defines
child abuse under the following four categories; physical abuse, sexual abuse,
neglect
of protection, and psychological abuse, and provides that nobody shall
abuse a child.
261. The police recognize that child abuse is a serious
problem that can severely affect a child in the critical period of development
of his/her personality. In addition to the protection of a child’s life
and body, they regard this problem as one of the most
important issues in
juvenile protection and they enhance efforts aimed at preventing a child from
starting problematic behaviour,
by helping him/her to recover psychologically
from abuse.
262. Specifically, the police have been making efforts to
handle this problem by applying the following measures of the Child Abuse
Prevention Law: (a) early detection of child abuse and reporting;
(b) proper assistance to spot inspection by the director of a child
guidance centre; (c) proper handling of abuse as a crime and support for abused
children; (d) enhancement of the system and stepped-up
association with
competent organizations; and (e) sufficient guidance and education for child
guidance centre staff.
263. The Law imposes the obligation to identify child abuse early on those who are in a position to identify child abuse relatively easily, such as schoolteachers and school staff, juvenile welfare institution staff, doctors, public health nurses, lawyers and others involved in child welfare. The Ministry of Education, Culture, Sports, Science and Technology disseminates information on this obligation to school and social education communities.
Child Welfare Law
264.
Under the Child Welfare Law, if a guardian abuses his/her child, conspicuously
neglects the child, or if the child’s welfare
is substantially harmed by
leaving him/her in the care and custody of the guardian, and if the guardian
disagrees with the measures
proposed by a prefectural governor to place the
child with foster parents or a child welfare facility, the governor may take
such
a measure with the approval of a family court.
Civil
Code
265. The Civil Code of Japan stipulates that a family court
may order the withdrawal of parental authority when a parent abuses his/her
parental power. If there has been gross misconduct of the guardian of a minor,
the family court may discharge him/her from his/her
guardianship.
Procedures for complaints
266. When a
child is abused, a child guidance centre helps the child based not only upon
his/her complaint but also on information
provided by his/her neighbours and
acquaintances, and persons engaged in welfare, education, public health and
medical services.
Procedures for intervention by the
authorities
267. Child guidance centres give temporary
protection to an abused child if necessary under the Child Welfare Law and the
Child Abuse
Prevention Law, and send him/her to a child welfare institution if
it is determined to be in the best interests of the
child.
Educational and other measures to promote positive
discipline, care and treatment of a child
268. See paragraphs
208-210 above.
Public relations and educational
campaigns
269. See paragraphs 129 and 131 above. In addition, to
contribute to the prevention of child abuse and to child protection, the
Government
organizes public relations campaigns and educational activities on
topics such as “Relief from anxieties about child-rearing”,
“Reporting duty of the general public who identify child abuse” and
“Thorough dissemination of the Child Abuse
Prevention Law” through
television, radio, newspapers, magazines, posters and leaflets.
2. Information about article 19, paragraph 2, of the
Convention
Social programmes to provide necessary support for the
child
270. When an abused child who is to be sent to a children’s home has a severe trauma and needs psychotherapy, professional staff provide psychotherapy to deal with the child in a proper way for his/her mental condition. The Child Welfare Law and the Child Abuse Prevention Law provide that guardians are obliged to receive guidance from child welfare officer(s) in certain cases to encourage the recovery of healthy parental relations and family reunification.
Measures to identify and report
maltreatment
271. See paragraph 269 above. Pursuant to the objectives of the Child Abuse Prevention Law, the police try to focus on early identification of child abuse, and police officers promptly try to report identified child abuse to child guidance centres. The police have also been strengthening substantial and effective cooperation with child guidance centres, public health institutions, schools, and private groups and organizations involved in providing assistance to victims.
272. The Child Abuse Prevention Law provides
that, where necessary, a police officer assists the head of a child guidance
centre
who checks the safety of a child, in providing temporary protection and
conducting spot inspections. When required, the police try
to provide proper
assistance in particular incidents to prevent abusive acts and fully ensure the
protection of an abused child.
273. Furthermore, together with the
Ministry of Health, Labour and Welfare and the Ministry of Justice, the police
form part of the
councils on the administration of the Child Abuse Prevention
Law and the Law on Punishing Acts related to Child Prostitution and
Child
Pornography, and on Protecting Children, in order to protect child victims, and
make efforts to strengthen ties with relevant
authorities by holding liaison
(coordination) councils as necessary.
Duty to report to child
welfare specialists
274. Article 25 of the Child Welfare Law and
article 6 of the Child Abuse Prevention Law provide that those who identify
child abuse
must notify child guidance centres. Article 5 of the Child Abuse
Prevention Law provides that those involved in the child welfare
business, such
as schoolteachers and other staff, child welfare facility staff, doctors, and
public health nurses, shall try to identify
child abuse at an early
stage.
Confidential hotline, advisory and counselling services for
children victims
of violence and abuse
275.
The police prepare the conditions in which children feel free to ask for help
by distributing leaflets with information on telephone
numbers of counselling
services for juveniles and the Young Telephone Corner service. The Ministry of
Justice created a special telephone
line, the “Victims’
Hotline” at District Public Prosecutors Offices nationwide open to victims
for consultations
and enquiries. Additionally, human rights organs have set up
“Counselling Rooms for Children” and “Children’s
Rights
Dial 110” and give advice to children to enable early identification of,
and solutions to, violations of children’s
rights.
276. As for the
child guidance centres established by prefectures, every central child guidance
centre is equipped with temporary
protection facilities and is prepared to give
advice in urgent situations, at night or on holidays, and some of those centres
operate
a 24-hour telephone consultation service, to be able to respond to
children’s requests for consultations. The “Urban
In-Home Family
Support Scheme” offered at children’s homes in urban areas and the
Children and Families Supporting Centre
also offer 24-hour consultation
services.
Specialist training
277. Given the increasing number of
consultations relating to child abuse, training programmes are organized for
staff of child guidance
centers and children’s homes, and public health
nurses, depending on their experience and the content of their job. The number
of child welfare officers stationed at child guidance centres has been increased
and staff specialized in psychiatry are assigned
to children’s homes.
3. Ensuring the recovery and social reintegration of
child victims
278. See paragraphs 244-248 above. The police provide continued support
related to child victims’ psychology and the environment
in which they are
placed by adjusting the environment surrounding abused children, including
families, in a way that helps them recover
and by providing proper advice,
guidance and counselling, since children, who are still immature both mentally
and physically, are
susceptible to much more severe psychological damage when
they become victims of crimes than adults and their subsequent development
may
be adversely affected. At prefectural level, the police run juvenile support
centres to improve the environment surrounding abused
children. At these
centres, juvenile guidance officials and counselling specialists play a central
role in giving permanent psychological
support by improving the environment
surrounding abused children and providing proper advice and guidance, in
cooperation with local
volunteers such as the “Child Victim Counselling
Advisers” and “Child Victim Supporters”.
4. Progress and problems in implementing articles 19
and 39 of the Convention
Educational activities
279. The human rights organs of the Ministry
of Justice consider child abuse a serious human rights issue that cannot be
ignored,
and make serious efforts to tackle the problem through various
educational activities to eliminate child abuse. To facilitate the
early
identification and solution of child abuse cases, “Volunteers for
Children’s Rights Protection” are designated
from among human rights
volunteers to deal exclusively with problems affecting children’s rights.
Furthermore, if a child abuse
case is detected, these institutions not only
endeavour to protect the child victim from abuse in cooperation with the
competent
authorities, mainly child guidance centres, but also investigate the
incident as a case of human rights violation and take appropriate
measures.
Judicial precedents
280. There have been
no court rulings with the issue of child abuse prevention referring to the
interpretation or application of
the Convention on the Rights of the
Child.
Statistics
281. Statistically, child abuse
is measured using data on the number of requests for consultations received at
child guidance centres
nationwide, available since 1990. These statistics show a
yearly increase since then, with a sharp increase from 6,932 cases in 1998
to
11,631 cases in 1999.
282. Under these circumstances, the Child Abuse
Prevention Law was enforced in November 2000 to facilitate the early
identification
of and solution to child abuse and proper protection of abused
children.
283. The number of consultations requested at the police
counselling service amounted to 1,342 cases in 2000, a 150 per cent increase
over the previous year and a 520 per cent increase from 1996. In 2000, 186 abuse
cases were solved by the police, 66 more than the
year before, representing an
increase of 55 per cent; the number of arrests in connection with child abuse
increased by 60 per cent,
with 208 in 2000, 78 arrests more than the year
before. Out of 190 abused children, 44 children died.
Table 8
Consultations concerning child abuse registered by the police
Year
|
1996
|
1997
|
1998
|
1999
|
2000
|
Number of cases
|
257
|
511
|
413
|
924
|
1 342
|
Table 9
Cases of arrest by type of offence (2000)
Type of offence
|
Number of cleared case of arrest
|
As percentage of total number of cleared cases of arrest
|
Change over previous year (percentage)
|
Homicide, including attempted homicide
|
31
|
16.7
|
+12
|
Causing death through bodily injury
|
20
|
10.8
|
+5
|
Bodily injury
|
72
|
38.7
|
+45
|
Violence
|
4
|
2.2
|
+3
|
Rape including . injury
|
15
|
8.1
|
+3
|
Indecent assault, including injury
|
9
|
4.8
|
+6
|
Violation of the Child Welfare Law
|
1.7
|
9.1
|
+5
|
Violation of the Regulations on Delinquency Prevention and Youth
Development
|
3
|
1.6
|
-4
|
Abandonment by a person responsible for protective custody or care,
including death
|
1.3
|
7
|
-7
|
Gross negligence leading to injury, including death
|
2
|
11.1
|
-2
|
Total
|
186
|
|
+66
|
VI. BASIC HEALTH AND WELFARE
A. Children
with disabilities (art. 23)
1. Status of mentally or physically
disabled children
284. In Japan, the number of in-home physically disabled children was
81,000 in 1991 and 81,600 in 1996, showing stable trends. The
number of mentally
disabled children was 100,000 in 1990 but fell to 85,600 in 1995.
Table 10
Number of disabled children
|
Age 0-4
|
Age 5-9
|
Age 10-14
|
Age 15-17
|
|
Physically disabled (1996)
|
81 600
|
17 700
|
21 100
|
25 800
|
15 500
|
Mentally disabled (1995)
|
85 600
|
7 800
|
27 700
|
30 000
|
19 900
|
Source: Survey by the Ministry of Health, Labour and Welfare.
2. Ensuring that a child can enjoy a full and
decent life in conditions
which ensure dignity
In-home welfare services
285. See paragraph 170 of the initial
report.
In-home childcare service programme (home-helper programme
for disabled children/persons)
Table 11
Number of home helpers exclusively
dealing with disabled children/persons
1998
|
1999
|
1 533
|
2 058
|
Source: Survey by the Ministry of Health, Labour and Welfare.
Children’s day-care service programme (schooling programme
for disabled children)
Number of children in disabled children schooling
programmes
Source: Survey by the Ministry of Health, Labour and
Welfare.
Institutional welfare services
286. See
paragraph 171 of the initial report.
Table 13
Institutions for disabled children (as at 1 October 1999)
|
Number of institutions
|
Capacity
|
Number of staff
|
Institutions for mentally disabled children
|
278
|
15 659
|
12 586
|
Institutions for autistic children
|
7
|
338
|
283
|
Schools for mentally disabled children
|
230
|
8 404
|
7 581
|
Institutions for physically disabled children
|
66
|
6 972
|
4 457
|
Schools for physically disabled children
|
83
|
3 400
|
2 614
|
Clinics for physically disabled children
|
7
|
400
|
264
|
Institutions for blind children
|
14
|
429
|
188
|
Institutions for children with speech and hearing disabilities
|
16
|
561
|
218
|
Schools for children with hearing difficulties
|
27
|
893
|
849
|
Institutions for severely handicapped children
|
88
|
8 887
|
8 629
|
National clinics for children suffering from myotonia (sickbed
commission)
|
27
|
1 772
|
596
|
National clinics for persons with severe diseases (sickbed
commission)
|
79
|
8 000
|
7 795
|
Rehabilitation centres for mentally disabled persons
|
1 250
|
84 083
|
83 027
|
Commuting-style centers
|
339
|
12 820
|
11 946
|
Maternity clinics for mentally disabled persons
|
226
|
14 200
|
13 927
|
Commuting-style centers
|
839
|
31 670
|
30 827
|
Dormitories for mentally disabled workers
|
119
|
2 805
|
2 628
|
Welfare homes for mentally disabled persons
|
68
|
856
|
708
|
Source: Survey by the Ministry of Health, Labour and
Welfare.
School education
287. It is important that
students with disabilities receive careful, specific education with particular
attention given to the nature
and degree of their disabilities, so that they may
develop their capabilities to the fullest extent possible and their ability to
participate independently in society. This education is carried out in various
forms, including special schools for children with
vision and hearing
impairments, schools for mentally and physically disabled children and for
children with health impairments as
well as special classes and “resource
rooms”. Lessons in these classes are designed for students with mild
disabilities
to improve and overcome them, and are integrated in the curriculum
of elementary and lower secondary schools in these schools.
288. Only students of such elementary and lower secondary schools are given the opportunity to receive itinerant teaching, whereby schoolteachers for students with disabilities give lessons at homes and in medical institutions if the students have difficulties in attending schools. In 2000, the system for such students has been expanded to upper secondary schools.
289. Special schools and special classes promote programmes of
joint activities with elementary and lower secondary schoolchildren
and the
local community, in order to improve experience and ability to mingle with the
children’s community. During some subjects
and special activities,
children are given the opportunity to get together with other children, and
participate in events of the
community. These are ideal opportunities to foster
fellowship and considerateness, and heighten the understanding of local
residents
towards children with disabilities and special education
needs.
290. At schools for students with disabilities, curricula and
textbooks are specially designed for each disability, classes are kept
small,
teachers with expert experience and knowledge are employed, and particular
attention is paid to institutions and facilities.
In order to offer equal
educational opportunities and taking into account the special conditions of such
schools, and in order to
reduce the economic burden on parents and facilitate
enrolment in such schools, the Government provides a special allowance to
encourage
this type of education, covering part or all of the expenses. This
allowance covers textbooks (upper secondary schools) and school
supplies, school
meals, transportation to and from school, dormitories for boarders and school
excursions, the amount of the allowance
depending on the parents’
financial situation, set by the Law on Financial Assistance for Encouragement of
School Attendance
for Students with Disabilities.
291. The final report
of the meeting of the Advisory Group on Special Education, which was held in
January 2001, recommended that,
in future, special education should focus on
(a) the development of comprehensive consultation and a support system at
an earlier
stage of life; (b) the improvement of guidance on school attendance;
(c) the improvement of education for students with learning
disabilities in
regular schools; and (d) the furtherance of the expertise of teachers and staff
members working in special education,
to provide truly required support with
proper understanding of the special educational needs of each student, in
consideration of
changing situations surrounding special education, such as
recent ever-progressing normalization.
Table 14
Schools for students with visual, hearing or physical impairments (as at 1 May 2000)
Type of school
|
Number of schools
|
Number of students
|
School for blind children
|
71
|
1 184
|
School for children with impaired hearing
|
107
|
3 512
|
School for students with other disabilities,
of which: Mental disabilities Physical disabilities Health impairments |
814
523 196 95 |
44 496
29 517 11 971 3 008 |
Total
|
992
|
49 192
|
Table 15
Elementary or lower secondary schools with special classes
Type of disability
|
Number of schools
|
Number of pupils and students
|
Mental disabilities
|
16 431
|
48 712
|
Physical disabilities
|
1 446
|
2 518
|
Health impairments
|
801
|
1 766
|
Vision impairments
|
123
|
174
|
Hearing impairments
|
512
|
1 050
|
Speech impairments
|
345
|
1 193
|
Emotional disorders
|
6 598
|
17 508
|
Total
|
26 256
|
72 921
|
Students taught in resource rooms (as at 1 May 2000)
Type of disability
|
Number of students
|
Speech impairments
|
23 290
|
Emotional disorders
|
2 660
|
Vision impairments
|
146
|
Hearing impairments
|
1 420
|
Physical disabilities
|
7
|
Health impairments
|
24
|
Total
|
27 547
|
One hundred and forty children were permanently or temporarily exempted
from enrolment at school due to their impairments. A total
of 149,660 disabled
children were enrolled, representing about 1.3 per cent of children enrolled in
schools.
School enrolment of all children (as at 1 May 2000)
|
Children |
Percentage
|
Total number of children enrolled at all types of school
|
17 500 718
|
100
|
Of which children receiving special education for the disabled
|
190 572
|
1.09
|
Employment and vocational training
292. Under the
Law for Employment Promotion of Persons with Disabilities and the Human
Resources Development Promotion Law, public
employment security offices (Hello
Works), vocational centres for persons with disabilities, public human resources
development institutions,
and similar institutions provide vocational guidance
and training, as well as placement opportunities to all persons with
disabilities
wishing to work, including children.
Measures to
promote the exchange of information on preventive health care in international
cooperation and to enhance Japan’s
experience in this
area
293. See paragraphs 178180 of the initial report. Up till
1999, the Government of Japan contributed a total amount of US$ 5.31 million
to
the United Nations Voluntary Fund on Disability. It also provided financial aid
to projects implemented by the Economic and Social
Commission for Asia and the
Pacific (ESCAP), amounting roughly to US$ 450,000 in 2000.
B. Health and health services (art.
24)
1. Measures to implement provisions of articles 6 and
24
Medical examinations at schools
294. See paragraph 187 of the initial
report.
Children with mental health problems
295.
In order to deal with children’s mental health problems, the general
curriculum guidelines, called Courses of Study, which
were revised in 1998, have
expanded the scope of subjects taught by adding stress management as a new item
in health and physical
education curricula in lower secondary schools. Other
measures have been taken, such as the preparation and distribution of reference
materials for teachers, research and study on mental health and life habits, and
training seminars for nurse-teachers. In 2001, the
Government started to provide
assistance for health counselling activities, including the sending of
specialized doctors to schools
by the boards of education of prefectures and
certain cities.
Sexual education and AIDS
education
296. As for sexual education and HIV/AIDS education at
schools, the National Curriculum Standards revised in 1998 now provide that
guidance on these subjects should be given to children in third/fourth and
higher grades in the framework of health and physical
education classes, and
guidance about AIDS and STDs should be given in the health and physical
education classes at lower secondary
schools. Other measures have been taken,
such as the preparation and distribution of educational materials for students,
reference
materials for teachers, training opportunities for teachers and school
staff, and practice and research in pilot schools. Reference
materials about
STDs for teachers will be prepared and distributed in
2001.
Guidance on nutrition
297. To deal with
emerging food-related health problems, such as concerns over ever-increasing
lifestyle-related diseases, the National
Curriculum Standards revised in 1998
extended their guidance to all school education activities, including health,
physical education
and home economics classes, as well as extra-curricular
activities, and recommended that dieticians should provide advice on healthy
foods to students at schools. The Government has also taken several other
measures, such as the preparation and distribution of reference
materials for
teachers and staff, symposiums, and practical research in pilot schools. In
addition, in 2001, educational materials
for students will be prepared and
distributed.
Maternal and child health
298. See
paragraph 181 of the initial report.
2. Measures to review changes after the initial
report: impact on the life
of children; indicators used to evaluate
progress and problems
in implementing the Convention
Measures to diminish infant and child mortality
299. Eighteen-month-old and 3-year-old
children undergo medical examinations in order to detect diseases and
abnormalities at an
early stage (secondary prevention).
Distribution of general and basic public health-care services in local and urban areas
300. Under the Maternal and Child Health Law,
maternal and child health services are organized according to the needs of the
region.
The Government endeavours to promote municipal health centres as bases
to provide comprehensive health-care services such as health
education, health
consultations and medical examinations.
Information on children
qualified to receive medical support
301. The Maternal and Child
Health Handbook provides a list of major publicly funded medical services.
Municipalities have been working
on establishing maternity and child health
centres to provide various types of consultation and guidance services on
maternal and
child health.
Measures to ensure
vaccination
302. To prevent the outbreak or spread of infectious
diseases, infants are vaccinated under the Preventive Vaccination
Law.
Prevention of illnesses
303. Recently, the
percentage of infants with a low birth weight (less than 2,500 g) in Japan
has been increasing, owing partly to
increased multiple childbirth caused by
widely provided medical treatment for reproduction. The mortality rate of
underweight infants
has been declining thanks to improved prenatal, perinatal
and post-natal care.
Table 18
Newborn infants with low birth weight (percentage of all infants)
|
1975
|
1985
|
1990
|
1995
|
1998
|
Total
Less than 2 500 g Less than 1 500 g Less than 1 000 g |
100.0
5.1 0.3 0.1 |
100.0
5.5 0.5 0.2 |
100.0
6.3 0.5 0.2 |
100.0
7.5 0.6 0.2 |
100.0
8.1 0.6 0.2 |
Appropriate prenatal and post-natal health care for
mothers
304. Since pregnancy and delivery represent a major
opportunity for assisting women in matters of health, the Ministry of Health,
Labour and Welfare has been making efforts to ensure the safety and comfort of
women during this period. More specifically, prenatal
treatment networks have
been improved to deal with premature infants who require emergency treatment,
enabling mothers and their
infants to be transferred from general clinics to
advanced medical institutions to receive intensive care. The Ministry has been
promoting the improvement of medical treatment for mothers before and after
delivery, by improving medical institutions for children
and for the prenatal
period so that they may provide highly advanced treatment from pregnancy to
delivery, and/or to childhood.
Campaigns to provide basic knowledge
and information
305. Prefectures provide education and
information on basic knowledge, for example, by organizing seminars on infant
accident prevention.
Child health and nutrition and the benefits of
breastfeeding
306. In accordance with the resolution on
breastfeeding adopted by the twenty-seventh World Health Assembly in 1974, the
Government
of Japan has, since 1975, been promoting breastfeeding as part of
measures to improve maternal and child health in cooperation with
municipalities
and competent private organizations, considering not only that mothers’
milk contains the nutrients necessary
for the healthy growth of babies in the
best composition as well as disease-immune substances, but also that it has
significant meaning
in terms of the mother-baby interaction that is beneficial
for the psychological and emotional development of
babies.
Improvement of the education and training system for health
staff
307. It is necessary to further improve the quality of
staff engaged in maternal and child health services. It is particularly
important
to deal properly with more diversified problems such as parenting
anxiety and to enhance follow-up guidance after medical examinations.
In order
for staff to acquire professional expertise in counselling techniques, seminars
and training on such issues have been organized.
Family planning
education
308. As part of administrative measures for maternal
and child health, municipal health centres help women to decide independently
on
the use of contraceptives, for instance through “Programmes for Healthy
Motherhood Development”, which disseminate
information on sexuality and
contraception and offer counselling and guidance on the effects of artificial
abortion to adolescents.
Public health nurses and/or midwives from public health
centres, and family planning experts also offer this type of
service.
Measures to prevent unwanted teenage
pregnancies
309. Information about sexuality and contraception
is widely disseminated to young adolescents. Measures are also taken to help
women
make independent decisions about contraception by, for example, providing
guidance and information about sexuality and contraception
through public health
nurses and/or midwives from public health centres and consultants for planned
parenthood.
3. The situation of HIV/AIDS and education on
HIV/AIDS
Programmes and strategies for prevention
310. The number of measures to combat AIDS has
increased following the adoption of the “Basic Principles of a
Comprehensive
AIDS Strategy” at the Ministerial Conference on Combating
AIDS in 1987.
311. In December 1998 the “Law on the Prevention of
Acquired Immune Deficiency Syndrome” (Law No. 2) was enacted. It
stipulates that the prevention of the spread of AIDS should be carried out with
consideration for human rights.
312. The “Seven-Year Plan to Stop
AIDS” launched in 1994, under which the Government has taken measures such
as the improvement
of medical treatment, counselling, guidance and inspection
systems, promotion of research and development and international cooperation,
and education and dissemination of correct information, declares a commitment to
(a) the development of drugs and vaccine; (b) the
prevention of AIDS spreading
in Japan; and (c) support for the prevention of AIDS in the Asian region
and throughout the world.
313. In April 1999, the Law on the Prevention
of Infectious Diseases and Medical Treatment for Patients with Infectious
Diseases
was passed, which promotes comprehensive measures for preventing
infectious diseases and ensuring medical treatment for patients
with infectious
diseases. In this law, AIDS is identified as one of four major infectious
diseases. With the enactment of this new
law, the AIDS Prevention Law was
abolished, and in October of the same year, the “Principles for the
Prevention of Specified
Infectious Diseases in Relation to AIDS” were
drawn up. They stipulate that the national Government, local governments,
medical
communities and NGOs, including patient organizations, should work
together to carry out comprehensive measures for the prevention
and treatment of
AIDS, with full consideration given to the human rights of patients. It also
provides that effective measures shall
be taken for groups at risk (juveniles,
foreigners, homosexuals, sex business workers and
clients).
Monitoring of the AIDS pandemic
314.
Since 1984, the AIDS Monitoring Committee has been assessing information about
cases of AIDS detected in Japan, with proper
understanding of information about
its transmission, patients and HIV-positive persons, in careful consideration of
the protection
of their privacy. The Committee reported that by the end of
December 2000, the total number of patients in Japan, excluding patients
and
HIV-positive persons infected through blood products, was 1,923, and that
another 1,205 had died. Recent trends indicate that
(a) the disease is spreading
across the country; (b) the number of Japanese infected by the virus is
increasing; and (c) sexual contact
between members of the opposite sex is a
major mode of transmission.
Treatment for children and parents
315. Hospitals for AIDS treatment have been
established nationwide and provide the latest treatment so that patients and
infected
persons can feel safe to seek treatment.
316. Since April 1998,
HIV-positive persons are recognized as physically disabled and receive public
aid, for example, subsidized
medical costs and income tax
deductions.
317. Furthermore, the Government has prepared “Manuals
to Prevent Mother-to-Child Transmission” to prevent HIV infection,
and
promotes their wide publication by distributing them to medical institutions,
and through the web site of the AIDS Prevention
Information
Centre.
Campaigns to prevent discrimination against children with
AIDS
318. In 1988, WHO proclaimed 1 December as World AIDS Day
and proposed educational activities on AIDS to prevent its transmission
at the
global level and to eliminate discrimination and prejudice against patients and
infected persons. In 1996, UNAIDS took over
this programme. Japan has also
approved the objectives of UNAIDS and, every year, organizes various educational
activities on World
AIDS Day. For example, campaigns were conducted during the
Japan Professional Soccer League (J League) in 1993, professional baseball
games
in 1999, and the 79th National High School Soccer Championship in 2000, and
various events are performed at school festivals
and in the street.
319. In 1998, educational materials for AIDS prevention (e.g. videos and posters) were produced, distributed to prefectures, and made available to schools and NGOs. In 1999, the AIDS Prevention Information Centre was established to widely disseminate AIDS information to the general public via the Internet. By promoting the dissemination of correct AIDS information through all these programmes, the Ministry has been making efforts to eliminate discrimination and prejudice against patients and infected persons.
AIDS education at schools
320.
See paragraph 305 above.
5. Promoting international cooperation to achieve the
rights specified in article 24
321. See paragraphs 46-57 above.
C. Social security and childcare services and facilities (arts. 26 and 18, para. 3)
Child allowance and child-rearing allowance
Childcare services for children of working parents
323. Under the “Project of After-School
Measures for Healthy Growth of Children” mentioned in article 62,
paragraph 7,
of the Child Welfare Law, the Government promotes the healthy
development of children in the lower grades of elementary school whose
parents
or guardians work (after-school children), by offering children’s
recreational facilities as proper places for life
and play after school. There
were 11,378 such facilities in May 2000. This project receives subsidies from
the State, the prefectures
and the municipalities, one third from each
(subsidies for the Project of After-School Measures for Healthy Growth of
Children).
324. If it is recognized that neither parent can take care of
their children, for instance, because both of them regularly work in
the
daytime, and relatives living with them or other persons cannot take care of
them either, municipalities are required to place
and take care of the children
in a day-care centre. In April 2000, there were 22,200 day-care centres,
attended by 1,788,302 children.
The costs for the day-care centres are borne
half by the State, and one quarter each by the prefectures and the
municipalities (share
of management costs for day-care
centres).
Progress and problems
325. See paragraphs
42 and 128 above.
D. Standard of living (art. 27, paras. 1-3)
Standard of living
326. See paragraphs 322-325 above.
Livelihood protection and housing aid under the Public Assistance Law
327. The Public Assistance Law is a general
law for people living in poverty, under which assistance provided is the
difference between
a household’s income and the minimum subsistence level
set by the Minister of Health, Labour and Welfare. Livelihood aid is
provided to
meet the needs for clothing, food and other daily necessities, and living aid
covers repairs and other housing maintenance
costs. Both are provided in cash
or, if necessary, in kind.
Follow-up to the Habitat Agenda
328. The Habitat Agenda, adopted by the Second
United Nations Conference on Human Settlements (Habitat II) held in 1996 in
Istanbul,
contains the basic plan of action on human settlements. Paragraph 13
of the Habitat Agenda states that “special attention must
be paid to the
shelter needs of vulnerable children”. The Japanese Government has also
been making efforts to promote child
protection in this aspect. Since 1996, the
number of children’s homes has been slightly increasing and the number of
children
placed in them has also increased by 3000 persons since 1996. The
number of children placed in homes for infants has also increased,
albeit only
slightly.
VII. EDUCATION, LEISURE AND CULTURAL ACTIVITIES
A. Education (art.
28)
1. Ensuring the right of the child to education
Measures against bullying
329. Bullying is hard to identify and bullies
tend to have only a tinge of guilt even when such acts result in serious
consequences.
The police protect victims and, with the intention of giving
guidance to bullies, make efforts to promptly identify bullying by improving
child counselling services and asking for the cooperation of the community. They
also attempt to provide appropriate treatment for
the bully and follow-up
guidance for the victim in a very careful manner, considering the victim’s
character, living environment,
and level of psychological damage.
330.
More specifically, they provide support to victims who have suffered serious
psychological and physical damage through ongoing
counselling services by
juvenile counselling specialists and guidance officials and with the help of
parents and/or guardians. Moreover,
the police have been studying and promoting
other measures, for example, providing reference materials to communities, such
as background
information on identified cases.
Support for families
for education purposes
331. See paragraph 220 above. Under the Japan Scholarship Foundation Law, loans are granted to qualified students who have difficulties attending school for financial reasons. In addition, local governments and public corporations and others offer scholarship services. Moreover, national, public and private universities exempt students from tuition fees or grant them reductions depending on their financial situation.
Guaranteed access of children to quality
education
332. See paragraphs 220 and 224
above.
Ensuring a sufficient number of teachers
333.
A quorum of teachers has been ensured under an ongoing improvement plan. For
the five-year period from April 2001 to March 2006,
the seventh quorum
improvement plan of teachers and staff at public compulsory education schools
will be carried out to increase
the number of teachers and offer more careful
tuition and better academic achievements for pupils and students, so that
subjects
with a high disparity in achievement levels are taught in smaller
classes of about 20 students.
Non-regular education
systems
334. Universities, colleges and junior colleges make
active use of the “special register students” system, in which
students
can select certain subjects and get credits for them to meet various
learning needs.
Changes in the selectivity
system
335. In 1999, qualifications for the University Entrance
Qualification Examination were made more flexible in order to institutionally
open up opportunities to enter university by publicly evaluating students’
individual abilities. In the same year, qualifications
to enter graduate schools
were also made more flexible in order to open the road to graduate schools for
those with research abilities
by focusing on individual
abilities.
Education for non-Japanese pupils and
students
336. In Japan, non-Japanese students who learn at
“schools” as defined by the School Education Law are basically
educated
in the same way as Japanese children. By accepting non-Japanese
students, Japanese schools are making efforts and contriving to help
them adapt
to school life, in consideration of their native language and customs. Special
lessons are provided individually to non-Japanese
students outside their regular
classes in accordance with their aptitudes and abilities, and at general schools
“team-teaching”
is practised with the cooperation of more than one
teacher. The Government is also preparing and distributing teaching materials
for studying the Japanese language and guidance materials about non-Japanese
students, training teachers in charge of their education
and sending those who
speak the students’ native languages as collaborators to schools, and
posting extra teachers to schools
which admit them. The Government, moreover,
designates some local governments as “pilot local governments” to
promote
the study of methods of accepting non-Japanese children. In
extra-curricular activities, no restrictions have been imposed in offering
non-Japanese students the opportunities to learn their own language and culture.
Such opportunities are actually offered by several
local governments.
Measures to establish proper educational facilities accessible to all children
337. In principle, stakeholders, local
municipalities in the case of public elementary and lower secondary schools,
manage their
schools and provide the necessary funds. However, to ensure equal
opportunities in compulsory education and to maintain and improve
the level of
such education, the Government also shares the costs required to improve
educational facilities as one of the fundamental
conditions of
education.
338. Specifically, school buildings and gymnasiums have been
improved, ensuring educational facilities nationwide for students who
are
guaranteed a compulsory education. Furthermore, the Government has encouraged
the establishment and improvement of various types
of school facilities with
characteristics and features unique to each region, rather than uniform school
facilities.
Kindergarten and compulsory
education
339. See paragraphs 215-217 of the initial report, and
paragraphs 219 and 220 above. In 1999, about 60 per cent of 5-year-old children
enrolled in kindergarten and concerning pre-school education as a whole, about
95 per cent of them went to either kindergarten or
nursery
school.
Development of secondary education
340. Until 1998, secondary education was provided only at lower and upper secondary schools. To promote further diversification of secondary education and to realize more individual-oriented education, the integrated course system (of lower and upper secondary education) was introduced in 1999, enabling students and their guardians to choose opportunities to learn under the six-year integrated curriculum and learning environment.
341. Lower
secondary schools and the lower division of secondary education schools are
meant to provide general secondary education
to students age 12 to 15, based on
the fundamental knowledge learned at elementary schools and depending on their
psychological and
physical development level. Upper secondary schools and the
upper division of secondary education schools are meant to provide general
secondary education and special education. At lower secondary schools or the
lower division of secondary education schools, elective
subjects have been
expanded under the newly revised Courses of Study. Upper secondary schools and
the upper division of secondary
education schools may offer various courses to
respond to various abilities, aptitudes, interests, and future plans to maximize
individuality
growth, such as the general education course, specialized
education courses (e.g. agriculture, industry, commerce and fisheries)
and the
comprehensive course in which students can select from both general and special
courses. Under the new Courses of Study,
selection-oriented curricula have been
formulated.
Provision of secondary education
342.
In Japan, every child age 12 to 15 has to attend a lower secondary school or
its equivalent, or secondary school. The School
Education Law provides that
graduates from lower secondary school or its equivalent and those who are
recognized to have equal qualifications
or an exceptional scholastic ability by
the Ministry of Education, Culture, Sports, Science and Technology, are eligible
to enter
upper secondary schools, regardless of sex, race, nationality and any
other factor. The integrated secondary education school introduced
in 1999
should be established in the commuting range of an area. Approximately 500
schools will be established nationwide.
Free secondary education
and financial assistance
343. Education at national and public
lower secondary schools and the first half of the secondary schools is free of
charge. In addition,
Japan provides financial assistance for those who are
unable to enter upper secondary school for economic reasons, through the Japan
Scholarship Foundation etc., whenever necessary. Japan is taking measures to
ensure equal access to upper secondary education, and
consequently, about 97 per
cent of eligible students entered upper secondary school in
1999.
Opportunities for higher education
344.
Graduates from upper secondary schools or those who are recognized to have
equal qualifications or exceptional scholastic abilities
are eligible to enter
universities, regardless of sex, race, nationality and any other factor. In
1999, the criteria of the University
Entrance Qualification Examination were
made more flexible in order to institutionally open up opportunities for
non-Japanese students
who are learning at schools for foreigners in Japan to
enter universities, by publicly evaluating their individual scholastic ability.
The same year, requirements to enter graduate schools were also made more
flexible in order to open the road to graduate schools
for those with research
abilities by focusing on individual abilities.
345. Furthermore, the
University of the Air was established in 1983 with the objective of providing
people with greater opportunities
to receive higher education by promoting a new
type of university education through broadcasting, etc. The University offers
higher
education by effectively using diversified media, such as television and
radio.
346. Moreover, in response to the development of information
technology, classes provided via Internet were officially recognized
in 2001.
This revision enabled students at correspondence universities to take classes
via the Internet and get all 124 credits required
for graduation. It also
enabled students at regular (commuting) universities to get up to 60 credits by
taking classes via the Internet,
thus making higher education more
accessible.
Use of information on education and occupation
347. See paragraphs 220 and 221 of the initial
report. In Japanese schools, guidance and counselling are offered to students to
help
them have a clear objective for their present and future life, and acquire
the ability and will to determine their course of life
according to their own
wishes and responsibilities. The Government is endeavouring by specifying
guidance/counselling in the general
curriculum guidelines called Courses of
Study, revised in 1998, to enhance the active adoption of work experience. In
giving guidance
and counselling, such activities as collecting and using
information on future courses and carrying out educational events are conducted
in an organized and planned manner. For this purpose, various measures are
implemented, including carrying out training activities,
preparing guidance
materials and promoting internships.
School non-attendance and
school dropout
348. Although the causes and background for
problematic behaviour are different in each case, a pattern seems to arise of
factors
such as discipline at home, the way schools are, and the ever-weakening
sense of solidarity in local communities. To solve these
problems every school
has been advised to carry out concerted efforts with all teachers and staff
members involved and in cooperation
with parents and the local community, under
the leadership of the school principal.
(a) School
non-attendance
349. In compulsory education, there is a growing number of students who do not or cannot attend school more than 30 days in a year, mainly due to psychological, emotional, physical, or social factors and backgrounds, excluding cases of illness or financial reasons.
350. To solve this problem, the Ministry of Education, Culture, Sports, Science and Technology has been taking measures, for instance, (a) to create lively schools by helping students feel a sense of achievement through “easy-to-understand classes”; (b) to improve the education counselling system by increasing the number of school counselors; (c) to improve the adaptation assistance classes to help students who are absent from school for long periods return to school through the use of out-of-school environments; and (d) to expand the Lower Secondary School Equivalency Test and the University Entrance Qualification Examination, and to give special consideration to students, who are absent from school for long periods, in upper secondary school entrance examinations.
(b) Upper secondary school
dropouts
351. To deal with the problem of high dropout rates at
schools, the Ministry has been taking the following measures: (a) the
improvement
of guidance/counselling in lower secondary schools and in the school
admission system; (b) the establishment of schools which allow
students to enjoy
multiple options such as integrated schools and comprehensive courses; (c) the
promotion of more diversified and
flexible curricula in upper secondary schools,
personalized guidance, re-entry into high school; and (d) ensuring opportunities
to
enter universities through the University Entrance Qualification
Examination.
(c) Bullying
352. Schools deal with this problem by guiding students to strongly recognize that “we, as human beings, must not allow bullying”, and by promoting cooperation between families and the local community, with the basic understanding that bullying can happen at any school, in any class and to any child.
353. In July 1996, the expert committee established
by the Ministry of Education, Culture, Sports, Science and Technology published
a report on comprehensive measures to be taken against bullying, and has been
informing boards of education of the report’s
aims and
contents.
354. The Ministry has also been working on several measures to
promote education on human life and respect for human rights: the
improvement of
kokoro no kyouiku (education of the heart), including further reinforcing
children’s sense of standards; the improvement of education and
counselling
systems by assigning school counsellors and advisers to classrooms
in order to put children at ease; training opportunities to improve
the quality
of teachers dealing with bullying problems; and cooperation among schools,
families and the local community.
2. School discipline and children’s human
dignity
School rules
355. See paragraph 182 above.
Disciplinary action
356. At Japanese schools, disciplinary
measures may be taken against pupils or students when they are considered
necessary for educational
purposes. In taking disciplinary measures against
pupils or students at school, however, the Government has been repeatedly
instructing
boards of education and other educational institutions to pay full
attention to the circumstances surrounding each student by listening
to his/her
explanation and opinions, and ensuring that such disciplinary measures should
have essential educational aims instead
of serving merely as sanctions. On the
prohibition of corporal punishment, see paragraphs 210 and 211 above.
3. International cooperation in matters relating to education
357. See paragraphs 46-56 above.
4. Activities and programmes to implement international cooperation
358. See paragraphs 46-56 above.
B. Aims of education (art. 29)
Prevention of stress and non-attendance
359. With
regard to measures taken to prevent stress and school non-attendance and to
improve school admission, the Government has
been implementing the measures
outlined below:
(a) Non-attendance
360. In 1999, the
proportion of students who did not or could not attend school for more than 30
days was 0.1 per cent for elementary
school students and 2.5 per cent for lower
secondary school students, but this number has been increasing since then.
Measures taken
by the Ministry of Education, Culture, Sports, Science and
Technology to solve this problem are described in paragraph 350
above.
(b) Improvement of the school admission system
361.
With regard to the system of admission to upper secondary school, the
Government is making efforts to improve the current system
which places a
disproportionate emphasis on achievement tests, by introducing other systems
such as interview tests or admissions
upon recommendation by a school principal,
which allow schools to evaluate students, their abilities and aptitudes from
many perspectives.
In order for students to enjoy education free of pressure,
the Ministry also makes efforts to improve the contents and methods of
education
by revising the general curriculum guidelines, called the Courses of Study,
selecting education contents, and emphasizing
experience-oriented
education.
362. The intensification of competition in upper secondary
school entrance examinations had become a social problem as the number
of
students going on to upper secondary school rose. Competition in high school
admission has, however, begun to slow down owing
to the decrease in the
population of those under 15 years of age.
Training for
teachers
363. Since it is important to ensure opportunities for
teachers to participate in necessary training throughout their careers, training
opportunities are being organized systematically. Prefectural administrations
organize various training programmes, including training
for all new teachers,
subsequent training corresponding to years of teaching experience, and special
training on curriculum and student
guidance.
364. The Government also
conducts training for teachers who are expected to play a leading role in
training offered by prefectural
administrations as well as training to deal with
urgent problems. Subjects of these training programmes include education on
respecting
human rights, environmental education, education for international
understanding, and courses on student guidance.
New courses of
study
365. The general curriculum guidelines as revised in 1998,
called Courses of Study, stipulate that education with more consideration
for
human rights should be further promoted throughout the whole school period. The
Ministry of Education, Culture, Sports, Science
and Technology has conducted a
human rights education seminar and other training programmes about human rights
education and has
designed projects for pilot schools designated for research
into human rights education.
Development of the child’s
personality, talents, and mental and physical abilities
to the
fullest potential
366. Article 1 of the Fundamental Law of
Education provides that “education shall aim at the full development of
personality,
striving for rearing of people who shall revere truth and justice,
esteem individual value, highly regard labour and responsibility,
and who be
imbued with an independent spirit and be sound both in mind and body, as members
of a peaceful State and society”.
367. n order to further this
goal, the general curriculum guidelines, called the Courses of Study, were
revised in 1998, with the
aim of developing in a student (a) talents for and
ability to learn and think by him/herself, judge independently, and solve
problems
in a better way; (b) enriched humanity with self-discipline and
sympathy for others; and (c) health and physical strength to live
well, in
receiving education which makes full use of the student’s potential in a
worry-free environment. The Government has
made efforts to make the new Courses
of Study, to be implemented in 2002, widely known, for example, by preparing and
distributing
information leaflets.
Promotion of respect for human
rights and fundamental freedoms
368. In education, human rights
are to be dealt with according to the specific stage of a child’s
development. More specifically,
the Courses of Study specify that an elementary
school student shall be guided towards treating others fairly and equally
without
any discrimination and prejudice and that a lower secondary school
student shall be guided towards a deep recognition of respect
for human beings
by focusing on basic human rights.
Promotion of respect for
civilizations different from the child’s own
civilization
369. School education stresses the development of
the talent and ability to live independently, and to be aware of what it means
to be Japanese in a global society. To this end, in classes on social studies
and moral education, and all other school activities,
pupils and students are
taught to respect the culture and traditions of their own home town or country,
to contribute to the creation
of a new culture, to respect foreign persons and
cultures, to try to befriend other people in the world, and to contribute to
world
peace and human well-being.
Preparation for responsible life
in a free society
370. It is important for pupils and students
to recognize that social responsibilities and duties always accompany individual
rights
and freedoms. Japanese school education also attaches importance to this
point. Therefore, guidance is given through moral education
and other school
educational activities, to help students become more aware of their
responsibilities, respect their own and others’
responsibilities, and
perform their duties. In social studies at lower secondary schools, teachers are
advised to take up the relationship
between freedom and rights and duties and
responsibilities, through which pupils and students are expected to become aware
of the
importance of individual dignity and respect for human rights.
Promotion of respect for the natural environment
371. Environmental education is adapted to the
level of each grade and in accordance with each course of subjects, at each
stage
of elementary, lower and upper secondary schools. At elementary and
secondary levels, more environment-related contents are included
in social
studies, science and other subjects. In addition, a “Period for Integrated
Study” was created which enables
students to deeply understand
environmental issues in an interdisciplinary and comprehensive manner through
hands-on experience and
a problem-solving learning method.
372. In
addition to improvements in educational contents, measures have also been taken
to improve educational guidance ability and
methods; and environmental education
is promoted and developed in cooperation with schools, families and local
communities.
Ensuring respect for the liberty of individuals and
groups of people to establish
and manage educational
institutions
373. In Japan, only State and local governments and
school juridical persons may be school founders. As for school juridical
persons,
the Private School Law prescribes necessary conditions to guarantee the
public nature and continuity of school education. As long
as a school juridical
person is established according to the Private School Law, it is possible to
establish schools under the School
Education Law etc. Therefore, the freedom to
establish and manage educational institutions is
ensured.
Administration of educational
institutions
374. The Government has minimum standards for
establishing and operating a university or college. Universities and colleges
should
improve the quality of education and research by self-evaluation, the
publication of findings, and the presentation of information
on their
activities. The Government established an external evaluation organization to
help universities to improve themselves.
Ensuring adequate number
of teachers and staff
375. The number of teachers and staff
members at public schools is decided by each prefecture, based on the standard
number prescribed
by law, thus ensuring the proper number of teachers and staff
members in each prefecture.
C. Leisure, recreation and cultural activities (art.
31)
Cultural activities organized by the police
376.
The police teach Japanese traditional martial arts, judo and kendo, as sports
activities to enhance the sound development of
boys and girls, using training
halls (dojos) at police stations. The police also organize baseball, softball
and soccer games, as
well as social participation activities such as art
appreciation and visits to institutions.
Artistic
activities
377. To help increase opportunities for children to
appreciate and participate in arts and traditional culture, the Government sends
excellent artistic and cultural groups to schools and cultural facilities
throughout Japan to hold performances and workshops. In
addition, national
theatres give children opportunities to appreciate performing arts such as
kabuki and opera, accompanied by simple
programmes to arouse the
children’s interest, at low rates. The National Museum and the National
Museum of Art organize travelling
exhibitions in various places so that children
have the opportunity to appreciate works of art and culture. Moreover, the Japan
Arts
Fund also supports various artistic and cultural activities conducted by
artistic and cultural groups for children and young
people.
Promotion of cultural activities
378. The
National Cultural Festival for Secondary High School Students is held annually
to improve cultural activities and deepen
mutual
understanding.
Promotion of sports
379. In
accordance with the Basic Plan for the Promotion of Sports Activities developed
in 2000, specific measures will be carried
out to promote sports activities in
2001. The Plan, designed for a 10year term, from the year 2001 to the year 2010,
foresees, in
particular, that:
(a) At least one general regional sports club should be established in each municipality by the year 2010, so that the public, including children, can enjoy sports activities any time and anywhere;
(b) A system should be developed to promote talented young players in a
systematic and planned manner under an integrated guidance
principle;
(c) Sports instructors should at regional level be used to improve physical
education at schools and after-school athletic clubs;
(d) School gymnastics facilities should be improved, including the
establishment of clubhouses.
380. In addition, the National Sports
Recreation Festival, the Marine Sports Fair and the Outdoor Sports Fair are held
annually to
promote sports activities for the general public. Anybody can
participate in these events.
Improvement of cultural and
recreational facilities
381. Under the Social Education Law and
other relevant laws and ordinances, the Government of Japan has been
implementing comprehensive
measures, including promoting projects to provide
children with ample experiences and activities, and subsidizing social
educational
facilities, such as public halls, and working on the improvement of
sites for learning activities. The following major recreation
facilities
exist:
(a) National Olympic Memorial Youth Centre
This is the only youth education facility that functions as a national youth
education centre. It was established at the site of the
former Olympic
athletes’ village. Reconstruction work was started in 1991, to build
facilities for training, accommodation,
sports, culture and international
exchange. As part of its activities, the Centre puts its facilities, together
with guidance, advisory
or cooperation services, at the disposal of such events
as training sessions, culture/sports or workshops/exchange activities, including
international exchange, based on voluntary programmes carried out by
organizations or groups. In 1999, a total of 940,000 people
used the Centre. In
order to achieve effective and flexible management, the Centre, formerly a
national organization, became an independent
administrative corporation in April
2001.
(b) National youth house/children’s nature houses
National youth houses and children’s nature houses are a youth
education facility aimed at bringing up healthy young people
through group
training sessions etc. As of October 1999, 743 national or public youth houses
exist throughout the country. Out of
these, 27 houses are State-run,
located in beautiful countryside, and equipped with sports facilities or
accommodation with a capacity
for 300-400 people, accepting youths for group
lodging and training. In 1998, a total of 14,520,000 people used national and
public
youth houses. In order to achieve effective and flexible management, the
national youth house, formerly a national organization,
became an independent
administrative corporation in April 2001.
(c) Child cultural
centres
See paragraph 235 of the initial report. In 1998, a total of 2,420,000 people used these centres for various group activities.
(d) National Youth Camping Site (South-Zao)
See paragraph
236 of the initial report.
(e) Public halls
See paragraph 237
of the initial report. As at October 1999, there were 18,257
halls.
(f) Museums
See paragraph 238 of the initial report. As at October 1999, there were
1,045 museums.
(g) Libraries
See paragraph 239 of the
initial report. As at October 1999, there were 2,593 libraries.
(h)
Sports facilities
See paragraph 240 of the initial report. There are about 258,000 sports
facilities throughout Japan, half of which are school physical
educational
facilities. For the rest, public sports facilities account for about 25 per cent
and private sports facilities, including
those owned by private companies,
account for about 12 per cent.
Children’s recreational
facilities
366. Under the Child Welfare Law, the following
children’s recreational facilities have been established to provide
children
with safe playgrounds, to promote their health and to develop their
emotional maturity:
(a) Children’s
halls/centres
See paragraph 241 of the initial report. As at October 1999, there were 4,368
halls and centres.
(b) Children’s recreation grounds
See paragraph 242 of the initial report. As at October 1999, there were 4,143 recreation grounds.
VIII. SPECIAL PROTECTION MEASURES
A.
Children in situations of emergency
1. Refugee children (art.
22)
International and national laws applicable to children recognized as
refugees
and specific procedures applying to
them
383. See paragraph 249 of the initial report. As at the end
of December 2000, 13 children had applied for recognition of their refugee
status and 86 children had been recognized as refugees.
Protection
and assistance to refugee children
384. With regard to social
life, nationality requirements have been eliminated from such laws as the Child
Allowance Law, Child-Rearing
Allowance Law and Special Child-Rearing Allowance
Law, and consequently, refugee children are basically entitled to receive these
benefits in the same way as Japanese nationals and other foreigners.
385.
In addition, through the Refugee Assistance Headquarters of the Foundation for
the Welfare and Education of the Asian People,
the Government supplies funds to
applicants for refugee status in difficult living conditions, including
children.
Relevant international human rights instruments ratified
by Japan
386. The relevant international human rights
instruments to which Japan is a party include the International Covenant on
Economic,
Social and Cultural Rights, the International Covenant on Civil and
Political Rights, the Convention relating to the Status of Refugees,
the
Protocol relating to the Status of Refugees, and the Convention on the
Elimination of All Forms of Discrimination against Women.
National
laws and procedures to determine refugee status and ensure the protection
of the rights of refugee children
387. See
paragraph 383 above.
Protection and humanitarian
assistance to enjoy rights set forth in the Convention
on the
Rights of the Child
388. See paragraphs 250 and 251 of the
initial report.
Search for parents and other family members of
refugee children
389. See paragraph 253 of the initial
report.
2. Children in armed conflicts; psychological and physical recovery and social reintegration (arts. 38 and 39)
International instruments ratified by
Japan
390. Japan ratified the Geneva Conventions for the
protection of war victims. The four Conventions, adopted on 12 August 1949,
are:
(a) Geneva Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field;
(b) Geneva Convention for the Amelioration of the Condition of Wounded, Sick and Shipwrecked Members of Armed Forces at Sea;
(c) Geneva Convention relative to the Treatment of Prisoners of War;
(d) Geneva Convention relative to the Protection of Civilian Persons in Time of War.
Ensuring that children do not participate in hostile actions,
protection of child rights during hostilities and mechanisms to monitor
the
status of the implementation of the Convention
391. Except for
educational institutions (youth cadet programmes), only those who are
18 years old or over can apply and be recruited
into the Self-Defence
Forces (Enforcement Regulations of the Self-Defence Forces Law, art. 25, and
Instructions for Assignment of
Youth Cadets). Those who apply for the
Self-Defence Forces are required to submit official documents identifying their
date of birth
(full copy of family register), to prevent those under 15 years of
age from being recruited by mistake (Instructions for Personnel
Records). If,
after joining the Self-Defence Forces, the above-mentioned document reveals that
an applicant did not qualify for examination,
the decision on his/her
recruitment is invalidated and he/she loses the place. These measures ensure
that Japan refrains from recruiting
any person who has not reached 15 years of
age and from allowing them to participate directly in hostilities. Since
ratification
of the Convention in April 1994, no-one under 15 years of age has
never been recruited into the Self-Defence Forces or participated
directly in
any hostile actions.
International cooperation
392.
In November 1998, an international symposium entitled “Children and Armed
Conflicts” was held in Japan to enhance
civil society’s
understanding of, and support for, children in armed conflicts. The
International Workshop/Symposium on Children
and Armed Conflict-Reintegration of
Former Child Soldiers in the Post-conflict Community was held in Tokyo in
November 2000.
393. Furthermore, Japan has made a significant
contribution to major relevant international organizations, such as the Office
of
the Special Representative of the Secretary-General for Children and Armed
Conflict, UNICEF and the Office of the United Nations
High Commissioner for
Refugees (UNHCR), and has provided ODA on a bilateral basis for the protection
and welfare of children victims
of armed conflict. Recent examples include a
contribution of about US$ 16 million to the school reconstruction project in
Kosovo
in May 2000, and about US$ 1.23 million to the elementary school
renovation project in East Timor in July 2000, to help children
reintegrate into
society after the conflict.
B. Children in conflict with the law (arts. 40, 37 and
39)
1. Administration of juvenile justice (art. 40)
(a) Measures to recognize and ensure the rights of the child in the
administration of juvenile justice
Investigation of juvenile cases
394. In investigating juvenile cases, it is
necessary to clarify not only the misconduct or offence, but also the facts
regarding
the child’s character and environment, or the necessity for
protective measures. In interviewing juveniles, full consideration
is given to
time, place and circumstances of their conduct, etc.
Consideration
for the age of the child
395. In Japan, those who are under 20
years of age are treated as juveniles (shonen) under the Juvenile Law. If
a juvenile commits a crime, he/she is treated according to procedures different
from those for adults
(20 years or older) under the Juvenile Law as mentioned
below, and appropriate measures are taken considering his/her age, in order
to
facilitate him/her playing a constructive role in future society. In addition,
the Japanese Penal Code provides that those under
14 years of age are not
criminally liable but are sent, in principle, to Facilities for Development of
Self-Sustaining Capacity or
a children’s home under the Child Welfare
Law.
396. Generally speaking, juveniles are highly malleable while they
are immature. Therefore it is considered that protection and education
contribute more to the sound development of juveniles who have committed crimes
than criminal punishment. In Japan, when juveniles
commit crimes, their cases
are sent or reported to a family court in order to ensure the sound upbringing
of the juveniles and the
adjustment of their characters and
environment.
397. The family court has not only a judicial function,
including determining whether misconduct was committed or not, but also a
welfare function, determining the necessity of protective measures regarding the
causes of delinquency and other various factors
for preventing its recurrence by
ordering family court probation officers to look into the conduct, career,
temperament and environment
of the juvenile, his/her guardians or other persons
concerned, making use of medical, psychological, pedagogical, sociological and
other fields of expertise. To make efficient use of these two functions, an ex
officio hearing structure is adopted in juvenile judgement
procedures: the
family court conducts an investigation into a juvenile delinquent and organizes
a hearing to determine the most appropriate
and reasonable measures for the
juvenile, since it is not desirable to have public prosecutors confront
juveniles as criminals as
in criminal procedures. Also an informal hearing
structure is more appropriate, in that a judge asks them questions directly and
gives them educational instructions with the help of the persons
concerned.
398. It is also indispensable for juvenile proceedings to
distinguish delinquency and clarify the case, in order to pursue the original
objective of juvenile justice, which is to find appropriate protective measures
for the juvenile for his/her sound growth. On the
other hand, it is important
both for the judicial system and the interests of the child to prevent a
non-delinquent child from being
treated mistakenly. Thus, new procedures have
been introduced into the Law Amending Part of the Juvenile Law to carry out
fact-finding
procedures more appropriately while maintaining the structure of
the law. Specifically, a discretionary collegiate court system has
been
introduced in the area of juvenile proceedings (Court Organization Law, art.
314, para. II (1)). Though hitherto all juvenile
cases had been heard by one
single judge, more and more complicated and difficult cases have led to the
recognition that a system
in which a juvenile is heard and judged by a panel of
several judges was needed. Furthermore, given that in certain cases it is
difficult
to establish the facts of the offence, it is necessary to ensure
multiple viewpoints while collecting and examining evidence, in
order to avoid a
confrontational situation between a judge and a juvenile, and to ensure the
trust of the general public, including
the victim, in the investigative
procedure in a juvenile hearing.
399. Based on what has been stated
above, prosecutors may be involved in juvenile hearings. When it is deemed
necessary, the family
court may decide to call prosecutors to participate in
hearing procedures. In such cases, prosecutor(s) may be present in hearings
for
as long as it is beneficial to establish the facts of the offence (art. 222 of
the Juvenile Law). Prosecutors participate in
juvenile hearings to cooperate in
the hearing in order to assure the appropriate fact-finding process, as the
representative of public
interest while observing a family court’s right
to hold proceedings, not as a prosecutor or a representative of the plaintiff,
thus continuously ensuring the ex officio hearing structure under the revised
Juvenile Law. When a prosecutor is involved in a juvenile
trial procedure, it is
appropriate to appoint a lawyer to defend the juvenile’s interests and to
keep the balance with the
presence of the prosecutor. When a juvenile does not
have a lawyer, a family court may ex officio assign one (art. 22-3 of the
revised
Juvenile Law).
400. It is important to adopt protective measures
towards a juvenile but also to make the juvenile’s parents aware of their
responsibility and try to rehabilitate him/her, in order to prevent the
recurrence of delinquency and encourage his/her sound development.
Thus, the Law
Amending Part of the Juvenile Law now stipulates that a family court may take
appropriate measures such as warnings
(admonition) and guidance, or may order a
family court probation officer to take such measures during the investigation
and hearing,
in order to make guardians aware of their responsibility and
contribute to preventing delinquency (art. 25-2 of the revised Juvenile
Law).
401. As all juvenile cases are to be handled initially by a family
court, this court judges whether to take protective measures or
not. In this
respect, under the previous Juvenile Law, the family court could only send a
juvenile to a prosecutor to be subjected
to criminal procedures as an adult, if
he/she was 16 years old or older, and if the investigation concluded that it was
justified
in the light of the juvenile’s criminal disposition, the nature
of the crime and the circumstances of an offence punishable
by the death
penalty, imprisonment or penal servitude.
402. However, recent years
have witnessed many heinous and serious crimes committed by young children. In
the revised Juvenile Law,
the minimum age of criminal liability has been lowered
to 14 years, since it is necessary to make the juvenile aware of his/her
responsibility
in society and encourage the sound development of the juvenile by
explicitly stating that even children age 14 and 15 may be punished
if they
commit serious crimes (art. 20, para. 1, of the revised Juvenile Law). It is
also important to explicitly state the principle
that a juvenile who has
committed a crime causing death resulting from an intentional criminal act, such
as murder, murder on the
occasion of robbery, and rape resulting in death, is
criminally liable, because of the serious antisocial, immoral nature of the
offence, and in order to develop a juvenile’s sense of standards and
encourage his/her sound development. Thus, under the revised
Juvenile Law, a
family court has to determine whether a juvenile is referred to a prosecutor,
when a victim dies as a result of his/her
intentional criminal act and the
offender is older than 16 years of age at the time when the crime was committed.
In principle, the
cases mentioned above should be determined for referral to a
prosecutor. However, a family court may decide not to send a juvenile
to a
prosecutor, if it considers that measures other than criminal procedures are
more appropriate in the light of the motivation
and manner of the offence,
circumstances after the crime, the child’s character, age, behaviour,
environment and other facts
revealed by the family court investigation. It is
possible to adopt protective measures considering the specific nature of the
case
and the child’s personality (art. 20, para. 2, of the revised
Juvenile Law).
403. If a family court does decide to refer a juvenile to
a prosecutor for criminal proceedings, exceptions are granted, such as
the
alleviation of the death penalty and life imprisonment for juveniles under 18
years of age; separating juveniles from adults
in prisons. and earlier release
on parole, taking into account the character of juveniles. Furthermore, if a
juvenile is condemned
to pay a fine, detaining him/her at a house of correction
as a substitution for punishment is prohibited.
Promoting the
child’s reintegration and its assumption of a constructive role in
society
404. As mentioned in paragraphs 257 to 260 of the
initial report, correctional institutions pay full attention, as elements in the
healthy upbringing of juveniles, to promoting the juvenile’s awareness of
human dignity and value and reinforcing the juvenile’s
respect for the
human rights and fundamental freedoms of others, and to treating juveniles
fairly and appropriately in accordance
with their age and in a way that will
encourage their social reintegration and prepare them for a constructive role in
society.
405. Since the initial report was submitted, vocational
training to help juveniles reintegrate society has been further improved
and
expanded in juvenile prisons and includes new subjects such as fork-lift truck
operation training. Vocational training and guidance
have also been actively
provided in juvenile training schools. In 2000, 1,817 out of 5,484 released
juveniles had acquired qualifications
and certificates at the schools, and 256
juveniles had obtained junior high school diplomas.
406. The revision of
the Juvenile Law has lowered the age of criminal liability to 14 years, and
accordingly, juveniles who are 14
years of age or older not only may receive
protective measures but may also be punished for criminal offences. Juveniles
under 16
years of age who are sentenced to imprisonment or penal servitude may
get correctional education in a juvenile training school until
they attain 16
years of age (Juvenile Law, art. 56, para. 3). A juvenile who is sent to a
juvenile training school to serve a sentence
receives compulsory education, in
case he/she has not completed it, and medical treatment, under the control of a
medical doctor
if necessary, in conformity with the objectives of the Convention
on the Rights of the Child. In addition, life guidance is to be
provided
thoroughly, focusing on helping a juvenile to recognize the seriousness of
his/her offences and awaken to a sense of guilt,
as well as on fostering
enriched humanity by making him/her recognize the value of human life, and
developing a sympathetic and thoughtful
heart.
407. Juveniles placed in
juvenile prisons are also highly malleable because of their mental and physical
development, but are highly
likely to be corrected through a proper approach.
Thus, new measures have been introduced to target several goals and treat them
systematically, specifically, to promote the juvenile’s respect for human
dignity and value and reinforce the juvenile’s
respect for the human
rights and fundamental freedoms of others, by analysing and clarifying the
underlying problems that led to
the commission of the crime and by developing a
personalized treatment plan in accordance with the juvenile’s personality.
Such a treatment plan includes individual counselling including a personal
interview, diary writing, etc., guidance by type of treatment
and other guidance
with the use of various treatment techniques, guidance to make them understand
the mental pain of the victims
and awaken their sense of guilt. Thus efforts are
made to diversify counselling subjects and methods adapted to a child’s
age
and, in particular, to enhance educational activities and encourage inmates
to make use of vocational training so that, once released,
they may play a
constructive role in society.
408. Furthermore, in a juvenile
classification home and a detention house, consideration is given to providing
learning opportunities
to juveniles of the age of compulsory education, by
ensuring self-study time as long as they do not disrupt the implementation of
classification and the purpose of detention, providing textbooks and other
learning materials, and giving consideration to interviews
with teachers at the
school the juvenile attended (see also paragraph 261 of the initial
report).
(b) International instruments in the field of juvenile justice and
other measures to ensure the implementation of article 40, paragraph
2, of the
Convention
Provisions of relevant international instruments
409. The “relevant provisions of
international instruments” as specified in article 40, paragraph 2, of the
Convention
include the International Covenant on Civil and Political Rights, the
United Nations Standard Minimum Rules for the Administration
of Juvenile Justice
(“The Beijing Rules”), the United Nations Guidelines for the
Prevention of Juvenile Delinquency (The
Riyadh Guidelines), and the United
Nations Rules for the Protection of Juveniles Deprived of their Liberty.
Appeal procedures in the Juvenile Law
410. See paragraph 268 of the initial report.
Under the revised Juvenile Law, when there are serious errors in the
investigation
leading to a ruling by a family court in a case in which a
prosecutor is involved, the prosecutor may make an appeal and the High
Court may
accept it if it finds it justifiable to accept it as an appellate instance (art.
32-4 of the revised Juvenile Law).
411. Before the revision of the
Juvenile Law, even after a ruling on protective measures, if a family court had
found new information
proving that such measures were taken and that the family
court had no jurisdiction over the juvenile, such measures would be revoked.
Under the revised Juvenile Law, even after the completion of protective measures
and when a family court has new information proving
that protective measures
were taken, whereas there were no reasons for bringing the matter to a juvenile
trial, the family court
that adopted the protective measures has to revoke such
measures by a ruling (art. 27-2, para. 2, of the revised Juvenile
Law).
Notification of charges
412. The Code of
Criminal Procedure requires public prosecutors to file information including the
name of the accused and the facts
constituting the offence etc., when
instituting a public prosecution (Code of Criminal Procedure, art. 256). The
Code also requires
the court to serve the accused a copy of the information
without delay when public prosecution has been instituted (ibid., art. 271,
para. 1). Thereby, the accused is informed of the offence for which he/she is
prosecuted.
413. With respect to juvenile hearing procedures, the Rule
of Juvenile Proceedings provides that, at the beginning of the proceedings
of
the commitment to a juvenile classification home or of the initial hearing, a
juvenile shall be informed of the charges brought
against him/her (arts. 19-3
and 29-2). In addition, it has become a general practice that the family court
probation officer informs
the juvenile of the charges when he/she begins the
investigation which precedes the hearing before the
judges.
Prohibition of compelling juveniles to testify against
themselves
414. See paragraph 266 of the initial report. The
Rules of Juvenile Proceedings require judges to explain plainly to a juvenile
that
he/she is not obliged to testify in the proceedings of the commitment to a
juvenile classification home and at the beginning of the
initial trial term
(arts. 19-3 and 29-2).
Right to cross-examine
witnesses
415. Regarding the criminal procedure, article 37,
paragraph 2, of the Constitution provides that “he or she (the accused)
shall be permitted full opportunity to examine all the witnesses, and he or she
shall
have the right to request witness for him/herself as a compulsory process
at public expense”. In line with this, the Code of
Criminal Procedure
guarantees the accused or defence counsels the right to request the
cross-examination of witnesses, the right
to be present at such
cross-examinations, and the right to cross-examine witnesses. The Code also
restricts the validity of an investigator’s
record of an oral statement
which had not been through cross-examination.
416. The Juvenile Law
states that the provisions concerning the questioning of witnesses in the
Criminal Procedure Law should also
be applied to juvenile proceedings, as long
as they are not against the nature of juvenile protective cases. Therefore, a
juvenile’s
right to question and cross-examine witnesses is also fully
guaranteed in juvenile trials.
417. Because the Juvenile Law adopts the
ex officio hearings structure, as described in paragraph 397 above, regarding
the request
for witness attendance, the Law has no provisions on a juvenile or
his/her counsel’s direct right to request questioning of
witnesses. The
juvenile, his/her guardians and counsel, however, may request the examination of
evidence (cross-examination of a
witness, etc.) (art. 29-3 of the Rule) and,
additionally, in some cases, a family court may be requested ex officio to
examine evidence.
If a judge fails to cross-examine witnesses without
justifiable reasons, and this affects the determination of protective measures,
the failure to examine witnesses may be grounds for an appeal.
(c) Establishment of laws especially applicable to children alleged
as, accused of, or recognized as having infringed the penal
law
418. As mentioned above, the Criminal Law of Japan provides
that persons over 14 years of age are considered criminally liable. Juvenile
hearing proceedings, which are not criminal proceedings, are described in
paragraphs 394 to 403 above.
(d) Care and
guidance
419. See paragraph 261 of the initial report.
(e) Training activities developed for all professionals regarding
relevant international instruments including the Beijing
Rules
420. See paragraphs 61-69 above.
(f)
Progress and problems
421. See paragraphs 395 to 403 above.
Data for article 40, paragraph 2 (b) (iv), of the Convention are as
follows.
Table 19
Interpreters/translators engaged in general incidents which were closed, and subtotals corresponding to nationalities
|
Nationality
Presence of
interpreters/ translators |
Total
|
USA
|
Viet Nam
|
Republic
of Korea |
Columbia
|
Thailand
|
China
|
Philip-pines
|
Brazil
|
Peru
|
Other
|
|
1996
|
Total
|
1 090
|
16
|
30
|
729
|
18
|
9
|
146
|
23
|
52
|
17
|
50
|
|
|
No
|
913
|
13
|
17
|
222
|
2
|
2
|
79
|
20
|
14
|
8
|
36
|
|
Yes
|
177
|
3
|
13
|
7
|
16
|
7
|
67
|
3
|
38
|
9
|
14
|
||
1997
|
Total
|
1 404
|
29
|
26
|
778
|
34
|
12
|
305
|
32
|
105
|
17
|
66
|
|
|
No
|
1 085
|
21
|
15
|
769
|
9
|
6
|
146
|
25
|
37
|
10
|
47
|
|
Yes
|
319
|
8
|
11
|
9
|
25
|
6
|
159
|
7
|
68
|
7
|
19
|
||
1998
|
Total
|
1 437
|
14
|
26
|
787
|
8
|
13
|
290
|
49
|
160
|
23
|
67
|
|
|
No
|
1 092
|
8
|
15
|
771
|
6
|
6
|
150
|
30
|
47
|
12
|
47
|
|
Yes
|
345
|
6
|
11
|
16
|
2
|
7
|
140
|
19
|
113
|
11
|
20
|
||
1999
|
Total
|
1 368
|
14
|
38
|
710
|
9
|
6
|
291
|
41
|
178
|
24
|
57
|
|
|
No
|
1 006
|
9
|
23
|
697
|
1
|
4
|
128
|
36
|
60
|
12
|
36
|
|
Yes
|
362
|
5
|
15
|
13
|
8
|
2
|
163
|
5
|
118
|
12
|
21
|
||
2000
|
Total
|
1 219
|
16
|
28
|
619
|
10
|
11
|
172
|
47
|
220
|
36
|
60
|
|
|
No
|
934
|
10
|
22
|
613
|
4
|
6
|
110
|
41
|
76
|
14
|
38
|
|
Yes
|
285
|
6
|
6
|
6
|
6
|
5
|
62
|
6
|
144
|
22
|
22
|
2. Children deprived of liberty in any form of detention or confinement, including accommodation under protection (art. 37 (b) (c) and (d))
(a) Detention, imprisonment, or placement in
custody
422. See paragraphs 274 and 275 of the initial report.
Furthermore, during investigation, consideration is given to the character
of
juveniles detained, for instance no juvenile may be detained without unavoidable
reason; if he/she is to be detained, the juvenile
classification home may be
designated as a detention place, and detention and shelter care may be
considered an alternative measure
to detention.
423. In juvenile
protection proceedings, it is provided that protective detention, to place a
juvenile in a juvenile classification
home, can be decided by a family court.
The term of detention and shelter care shall be two weeks in principle, and
renewable every
two weeks. However, no matter how complicated the crime is, the
term shall not exceed eight weeks (art. 17 of the revised Juvenile
Law).
424. The previous Juvenile Law provided that the term of
protective custody should not exceed four weeks. However, some juvenile
offence
proceedings require a considerable amount of time for hearings, including many
evidence examinations, and it is often extremely
difficult to finish such
proceedings within a period of four weeks. Under the previous system, a juvenile
would in such a case have
to be released while the proceedings continued, which
could lead to the juvenile escaping or attempting to commit suicide. Therefore,
it is considered that the extension of the detention and shelter care term was
needed in order to prevent such situations. Consequently,
the revised Juvenile
Law made it possible to extend the period of detention and shelter care to eight
weeks at the longest. Also,
since the previous system did not foresee an appeal
procedure, the revisions to the Juvenile Law included provisions for an appeal
against decisions on detention and shelter care and its renewal, in order to
make more unblemished judgements. Under the new procedures,
an appeal may be
made to the family court by the juvenile, or his/her legal representative or
counsel (art. 17-2 of the revised Juvenile
Law). See also paragraphs 279 and 280
of the initial report.
Detention
425. See paragraphs 274 and 277 of the initial
report. There is a system of release on parole both from juvenile prisons for
juveniles
serving prison sentences or penal servitude, and from juvenile
training schools. These systems allow a periodic review of the circumstances
of
placement and intend to help a juvenile rehabilitate and return smoothly to
society.
426. The average detention period of juveniles who were
released on parole from juvenile training schools in 2000 was 148 days in
the
case of those who received general short-term treatment intended for juveniles
with relatively simple or minor problems, 80 days
in the case of those who
received special short-term treatment intended for juveniles with light problems
who can receive treatment
in an open environment, and 380 days in the case of
those who received long-term treatment intended for difficult juveniles for whom
correctional education in the short-term does not show sufficient
results.
(b) Existing treatment taken in place of the deprivation
of juveniles’ liberty
Table 20
Number
of juveniles sentenced to general protective disposition
and measures
for detention and shelter care
Year
|
Total
|
Measures for detention and shelter care
|
|
|
|
Taken
|
Not taken
|
1994
|
203 217
|
14 249
|
188 968
|
1995
|
188 409
|
13 865
|
174 544
|
1996
|
188 683
|
14 739
|
173 944
|
1997
|
204 824
|
16 839
|
187 985
|
1998
|
214 304
|
18 865
|
195 439
|
1999
|
78 186
|
15 939
|
62 247
|
2000
|
76 737
|
18 072
|
58 665
|
Notes: As of 1999, data exclude cases of bodily injury or death caused by
(gross) negligence in the business of driving and minor
crimes referred to the
family court in summary procedure, and crimes which were referred to another
family court or consolidated
with the existing case.
427. After a trial
is completed, the family court, by means of a ruling, decides on one of the
following measures: suspension of
disposition, transfer to a prefectural
administration or child guidance centre, referral to a prosecutor, or protective
measures.
In addition to the transfer to a reform school, probation and transfer
to one of the Support Facilities for Development of Self-Sustaining
Capacity or
children’s home are also considered protective dispositions.
Table 21
Number of juvenile cases by type of
decision
|
Referred to prosecutors
|
Protective measures
|
|||||||||
Total
|
Criminal Punishment
|
Over age
|
Total
|
Probation
|
Transfer to Support Facilities for Development of Self-Sustaining
Capacity
|
||||||
1994
|
Total number of juveniles
|
328 083
|
21 926
|
16 256
|
5 670
|
58 308
|
53 989
|
255
|
|||
General protection
|
203 217
|
4 038
|
1 520
|
2 518
|
26 076
|
22 140
|
254
|
||||
Road traffic
|
124 866
|
17 888
|
14 736
|
3 152
|
32 232
|
31 849
|
1
|
||||
1995
|
Total number of juveniles
|
297 007
|
17 324
|
12 648
|
4 676
|
55 473
|
51 314
|
268
|
|||
General protection
|
188 409
|
3 672
|
1 321
|
2 351
|
26 004
|
22 181
|
268
|
||||
Road traffic
|
108 598
|
13 652
|
11 327
|
2 325
|
29 469
|
29 133
|
0
|
||||
1996
|
Total number of juveniles
|
295 296
|
16 343
|
12 009
|
4 334
|
56 092
|
51 522
|
270
|
|||
General protection
|
188 683
|
3 320
|
1 182
|
2 138
|
26 477
|
22 349
|
268
|
||||
Road traffic
|
106 613
|
13 023
|
10 827
|
2 196
|
29 615
|
29 173
|
2
|
||||
1997
|
Total number of juveniles
|
313 093
|
16 278
|
11 850
|
4 428
|
59 648
|
54 277
|
289
|
|||
General protection
|
204 824
|
3 095
|
1 055
|
2 040
|
28 661
|
23 763
|
288
|
||||
Road traffic
|
108 269
|
13 183
|
10 795
|
2 388
|
30 987
|
30 514
|
1
|
||||
1998
|
Total number of juveniles
|
319 298
|
15 714
|
11 218
|
4 496
|
60 373
|
54 545
|
343
|
|||
General protection
|
214 304
|
3 120
|
1 040
|
2 080
|
30 221
|
24 855
|
343
|
||||
Road traffic
|
104 994
|
12 594
|
10 178
|
2 416
|
30 152
|
29 690
|
0
|
||||
1999
|
Total number of juveniles
|
302 937
|
14 977
|
10 631
|
4 346
|
59 936
|
54 022
|
337
|
|||
General protection
|
201 872
|
2 948
|
917
|
2 031
|
29 825
|
24 452
|
337
|
||||
Road traffic
|
101 065
|
12 029
|
9 714
|
2 315
|
30 111
|
29 570
|
0
|
||||
2000
|
Total number of juveniles
|
284 998
|
14 072
|
9 665
|
4 407
|
58 176
|
51 635
|
380
|
|||
General protection
|
197 223
|
3 240
|
1 034
|
2 206
|
32 650
|
26 653
|
377
|
||||
Road traffic
|
87 775
|
10 832
|
8 631
|
2 201
|
25 526
|
24 982
|
3
|
||||
|
|
Protective
measures |
Transfer to
child guidance centre |
Suspension
of disposal |
Not started
|
Transferred, returned or
consolidated cases |
|||||
Transfer to
reformatory |
|||||||||||
1994
|
Total number of juveniles
|
4 064
|
170
|
88 122
|
124 374
|
35 183
|
|||||
General protection
|
3 682
|
169
|
44 508
|
106 449
|
21 977
|
||||||
Road traffic
|
382
|
1
|
43 614
|
17 925
|
13 206
|
||||||
1995
|
Total number of juveniles
|
3 891
|
151
|
78 033
|
114 800
|
31 226
|
|||||
General protection
|
3 555
|
151
|
39 895
|
98 696
|
19 991
|
||||||
Road traffic
|
336
|
0
|
38 138
|
16 104
|
11 235
|
||||||
1996
|
Total number of juveniles
|
4 300
|
155
|
74 617
|
117 085
|
31 004
|
|||||
General protection
|
3 860
|
155
|
37 848
|
101 431
|
19 452
|
||||||
Road traffic
|
440
|
0
|
36 769
|
15 654
|
11 552
|
||||||
1997
|
Total number of juveniles
|
5 082
|
146
|
72 553
|
132 139
|
32 329
|
|||||
General protection
|
4 610
|
145
|
36 196
|
116 180
|
20 547
|
||||||
Road traffic
|
472
|
1
|
36 357
|
15 959
|
11 782
|
||||||
1998
|
Total number of juveniles
|
5 485
|
170
|
71 095
|
138 063
|
33 883
|
|||||
General protection
|
5 023
|
168
|
36 883
|
121 881
|
22 031
|
||||||
Road traffic
|
462
|
2
|
34 212
|
16 182
|
11 852
|
||||||
1999
|
Total number of juveniles
|
5 577
|
175
|
66 911
|
127 625
|
33 313
|
|||||
General protection
|
5 036
|
175
|
36 464
|
111 082
|
21 378
|
||||||
Road traffic
|
541
|
0
|
30 447
|
16 543
|
11 935
|
||||||
2000
|
Total number of juveniles
|
6 161
|
193
|
61 908
|
116 513
|
34 136
|
|||||
General protection
|
5 620
|
191
|
36 913
|
100 770
|
23 459
|
||||||
Road traffic
|
541
|
2
|
24 995
|
15 743
|
10 677
|
(c) Relevant statistics on the number of children deprived of their
liberty, unlawfully, arbitrarily and according to the legal
procedure
428. No case regarding “children deprived of
liberty, unlawfully or arbitrarily” has been observed in Japan. Data on
children deprived of liberty following legal proceedings are as follows:
Table 22
Average daily population in juvenile classification homes
Year
|
Male
|
Female
|
Total
|
1996
|
873
|
120
|
993
|
1997
|
1 026
|
138
|
1,164
|
1998
|
1 119
|
147
|
1,267
|
1999
|
1 181
|
140
|
1,321
|
2000
|
1 309
|
164
|
1,473
|
Table 23
Average daily population in juvenile training schools
Year
|
Male
|
Female
|
Total
|
1996
|
2 576
|
369
|
2 945
|
1997
|
2 977
|
381
|
3 358
|
1998
|
3 509
|
407
|
3 916
|
1999
|
3 784
|
414
|
4 198
|
2000
|
4 052
|
476
|
4 528
|
Table 24
Average daily population of juvenile prisoners
Year
|
Male
|
Female
|
1996
|
21
|
0
|
1997
|
25
|
1
|
1998
|
17
|
0
|
1999
|
23
|
0
|
2000
|
25
|
1
|
Note: “Juvenile prisoner” refers to a person kept in a
penal institution under article 56 of the Juvenile Law.
(d) Ensuring that children deprived of their liberty are treated in accordance
with the norms outlined below
Treatment in correctional institutions
429. It is mentioned in paragraphs 107-110 of
the initial report that juveniles placed in correctional institutions are not to
be
subjected to inhumane treatment. In correctional institutions, in line with
the purpose of the Juvenile Law which aims at the sound
development of
juveniles, officials treat juveniles in accordance with their age, taking into
account the promotion of the juvenile’s
sense of dignity and value, as
well as the reinforcement of the juvenile’s respect for the human rights
and fundamental freedoms
of others. See also paragraph 277 of the initial
report.
Supervision and inspection of correctional
institutions, and complaint procedures
430. In its concluding
observations on the initial report of Japan, the Committee recommended that
attention should be paid to monitoring
and complaints procedures
(para. 48). As a system of supervision of correctional institutions,
inspections are made nationwide by
the Ministry of Justice (the Correction
Bureau), and regionally, by the Regional Correction Headquarters responsible for
the correctional
institutions under its jurisdiction. Senior officials from
these offices inspect the institutions, monitor treatment conditions,
and
provide proper guidance for the institutions. The results of the national
inspection are transmitted to the Minister of Justice
and those of the regional
one to the Director-General of the Correction Bureau. The issues pointed out for
improval by the inspectors
are promptly dealt with.
431. In relation to
the complaints procedures, a juvenile placed in a correctional institution may
use administrative remedies such
as a petition, reporting of human rights
violations, etc. and judicial remedies such as civil suit, complaint and
accusation of criminal
procedure, etc.
432. Moreover, the director of a
juvenile training school should interview juveniles from time to time in order
to listen to their
opinions on their treatment or personal affairs (Juvenile
Training School Treatment Regulations, art. 4). During this interview,
a
juvenile may make complaints on treatment. As instructors in juvenile training
schools always try to keep good contacts with juveniles,
with tenderness and
care and understand their mental condition, these may consult with the
instructors without feeling any constraint
and express their opinions
freely.
433. In penal institutions, a juvenile has the right to request
an interview with the warden to complain about treatment or personal
affairs
(Prison Law Enforcement Regulations, art. 9). Also, if an inmate is dissatisfied
with the dispositions of the prison, he
may address a petition to the Minister
of Justice or an official visiting the prison for inspection (Prison Law, art.
7).
434. In regard to juvenile classification homes, since terms of
detention are rather short, a system to deal with petitions on treatment
in
homes is not provided in the regulations. However, in practice, the same
opportunities exist as in juvenile training schools,
such as free consultations
with staff, for the possibility of a petition, and consideration for the
juvenile’s opinion on conditions
and treatment, etc.
(e)
Regular review of children’s conditions
435. See
paragraph 256 above.
(f) Education and health-care
services
436. Juvenile training schools have education
facilities and equipment such as classrooms for lower/upper secondary school
education
and preparatory classes so that juveniles can sit for the University
Entrance Qualification Examination; books, textbooks, equipment
and stationery;
laboratories, machines, vehicles, materials and tools for practical training to
improve vocational skills and obtain
technical qualifications; computers and
laboratories for school education and job qualifications, etc. As part of
efforts to ensure
learning opportunities for juveniles in juvenile
classification homes, computers are also being distributed in all of these.
437. In addition to education programmes such as curriculum-based
school education, correspondence courses and life guidance, juvenile
prisons
provide special counselling for certain groups of law offenders, including drug
abusers and boryokudan, or gang members, and are equipped with
classrooms, books including textbooks, equipment and stationery used for such
programmes.
They also provide various vocational training courses which enable
inmates to obtain certificates, or acquire special vocational
skills, and for
this purpose also have training facilities and equipment for such
training.
438. As for medical care, juvenile training schools and
juvenile classification homes have full-time or part-time doctors and are
equipped with medical facilities for primary care to provide treatment for
juveniles. Among juveniles in juvenile training schools,
those who need special
treatment are placed in medical juvenile training schools which have the
appropriate staff and equipment for
particular treatment. In an emergency, the
juvenile is treated at an outside medical institution.
439. Juvenile
prisons are also staffed with full-time or part-time doctors and adequate
treatment is given, upon the inmate’s
request, on the basis of a proper
examination. Those who need special treatment or are in need of long-term
treatment are placed
in medical prisons and other prisons, which are capable of
providing intensive care or appropriate treatment. All possible measures
are
taken to provide sufficient medical care, so that an inmate may go to or stay in
an outside special medical institution when
necessary.
(g)
Ensuring that every child deprived of liberty has the following
rights
440. Procedures to guarantee the right to meet defence
attorneys or attendants is described in paragraph 279 of the initial report.
Furthermore, considering the importance for judicial proceedings of such
meetings with defence attorneys or attendants, inmates are
also permitted to
meet them on non-working days, under certain conditions, in every correctional
institution.
(h) Information on the overall situation, as well as on the percentage of cases where legal or other assistance has been provided, and where the legality of the deprivation of liberty has been confirmed; disaggregated data on the children concerned
Table 25
Number of persons who made interlocutory appeals to protective measures
|
Year
|
Total number of protective measures being ruled (total
number of transfers to reform schools)
|
Interlocutory appeal
|
|
|
|
Number of people
|
As percentage of total protective measures (percentage of
transfers to reform schools)
|
|
1994
|
58 308 (4 064)
|
392
|
0.7 (9.6)
|
|
1995
|
55 473 (3 891)
|
372
|
0.7 (9.6)
|
|
1996
|
56 092 (4 300)
|
452
|
0.8 (10.5)
|
|
1997
|
59 648 (5 082)
|
565
|
0.9 (11.1)
|
|
1998
|
60 373 (5 485)
|
604
|
1.0 (11.0)
|
|
1999
|
59 936 (5 577)
|
661
|
1.1 (11.9)
|
|
2000
|
58 176 (6 161)
|
792
|
1.4 (12.9)
|
Notes: “Interlocutory appeal” includes the appeals filed against the ruling of quasi-juvenile protection cases.
3. Sentencing of juveniles, and in particular, the
prohibition of capital punishment and life imprisonment (art. 37 (a))
441. Article 51, paragraph 1, of the revised Juvenile Law provides that
“in case a person who is under 18 years of age at the
time of committing
of an offence is to be punished with the death penalty, he/she shall be
sentenced to life imprisonment”.
Paragraph 2 of the same article provides
that “in case he/she is to be punished with imprisonment for life, he/she
can be sentenced
to imprisonment with or without labour for not less than 10
years but not more than 15 years”. In addition, article 58 provides
that a
person under 20 years of age at the time of sentence to life imprisonment shall
be eligible for parole after seven years,
except for the provisions contained in
article 51, paragraph 1, or the case of a person who was under 18 years of
age at the time
of committing the offence and had been sentenced to death. It
also stipulates that in the case of article 51, paragraph 1, or in
the case that
a person is over 20 years of age at the time of sentence, the person
concerned shall be eligible for parole after 10
years. This way, according to
the administration of justice concerning juveniles, no person under 18 years of
age can be condemned
to death or to life imprisonment without the possibility of
parole.
442. Before the revision of the Juvenile Law, article 51
provided that “if a person who is under 18 years of age commits a
crime
which is to be punished with the death penalty, he/she shall be sentenced to
life imprisonment, and if a person is to be punished
with the latter, he/she
shall be sentenced to imprisonment with or without labour for not less than 10
years but not more than 15
years”. As for life imprisonment, it is also
stipulated that a person under 20 years of age shall be eligible for parole
after
seven years and a person over 20 years of age after 10 years. However, the
Juvenile Law was revised in such a way that the court
can decide whether to
impose life imprisonment or imprisonment for a definite term. When a person who
was under 18 years of age at
the time the offence was committed is to be
punished with the death penalty and the sentence is reduced to life
imprisonment, and
if the period until he/she is eligible for parole is reduced,
it leads to a double reduction of the penalty. This allows a prisoner
who
originally should have been executed to return to society in quite a short
period of time, which would be considered inappropriate
in terms of a balance
between crime and penalty, and against the sentiment of the injured party and
the Japanese people. Therefore,
it was decided that the special provision should
not apply for parole when a death penalty sentence had been commuted to life
imprisonment.
4. Physical and psychological recovery and social
reintegration of a child (art. 39)
Protection of juvenile victims
443. In April 1999, the National Police Agency
created an office for the protection of juveniles within its Juvenile Division
in
order to consolidate juvenile protection. This office plays a major role in
protecting juvenile victims.
444. Juvenile Support Centres, which are
run by the prefectural police to help juvenile victims of crimes, promote
counselling activities
offered by their juvenile counselling specialists and
guidance officials as well as other assistance activities in cooperation with
parents, guardians and other persons concerned.
445. The police conduct
location and protection activities for runaway persons. With regard to runaway
juveniles who could be in
danger of death or injury or of becoming victims of
welfare crime, the police make intense efforts to find and protect them as early
as possible. Particularly as the number of runaway cases is expected to increase
at certain times of the year, like just before entering
school or employment
when children become psychologically unstable, or during the summer vacation
when they gain a greater sense
of freedom, the police step up protective
activities, focusing on runaway children.
Table 26
Number of runaway juveniles found and protected by the police
|
1996
|
1997
|
1998
|
1999
|
Runaway children found by the police
|
26 139
|
27 649
|
26 957
|
25 372
|
Care provided under the Child Welfare Law
446.
With regard to juveniles who violate penal laws, care is given at Support
Facilities for Development of Self-Sustaining Capacity
in order to achieve
physical and psychological recovery according to the condition of the child.
C. Children in situations of exploitation; physical and
psychological recovery and social reintegration (art. 39)
1.
Economic exploitation and child labour (art. 32)
(a) Prohibition of economic exploitation
447. The
Labour Standards Law prohibits employers from forcing workers to work against
their will by means of violence, intimidation,
imprisonment, or under any other
means of constraint on the mental or physical freedom of the workers. Also, it
provides that, unless
permitted by law, no person shall obtain profit by
intervening in the employment of others, as a business.
Employment
in hazardous occupations, employment jeopardizing a child’s education,
or harmful to a child’s health or physical, mental,
spiritual or social development
448. The Labour Standards Law
prohibits employing persons who have not attained 18 years of age in such
activities as: dangerous
work, work involving the handling of heavy materials,
work in places which are dangerous or unsafe or unhealthy, or in mining. The
scope of dangerous or injurious occupations is specified in the Regulations on
Child Labour Standards.
449. Moreover, the Fundamental Law of Education
provides that persons who employ children must not prevent them from receiving
compulsory
education because of their employment.
Prohibited
activities in the entertainment business
450. Article 34 of the
Child Welfare Law prohibits employers from having persons under 15 years of age
singing and performing in
streets or other public places as well as serving at
parties. It also prohibits the act of placing a child under control with the
aim
of making the child perform such acts that have harmful effects on his/her mind
or body.
451. As concerns the Law on Control and Improvement of
Amusement and Entertainment Businesses, see paragraph 302 of the initial
report.
Harmful occupations considered as welfare
crimes
452. There are 25 laws and ordinances which contain
provisions on welfare abuse, exploitation, and other offences that harm the
welfare
of juveniles or have a negative influence on them, such as the Child
Welfare Law, the Labour Standards Law, the Employment Security
Law, the
Prostitution Prevention Law, and the Law on Control and Improvement of Amusement
Businesses.
453. In particular, concerning the protection of juveniles
from harmful work, the police is continuously enforcing regulations under
these
laws. They also provide protection for juveniles who have been exposed to
harmful environments, through dangerous work or employment
in sex industries.
For these juvenile victims, the police offer counselling activities by juvenile
counselling specialists and guidance
officials to reduce psychological or
physical damage and promote the speedy recovery of these children.
Table 27
Number of arrests of welfare crime
offenders related to the protection of children
from harmful environments
|
1996
|
1997
|
1998
|
1999
|
2000
|
Labour Standards Law
|
281
|
349
|
303
|
158
|
115
|
Law on Control and Improvement of Amusement and Entertainment
Businesses
|
1 062
|
1 018
|
856
|
937
|
506
|
Notes: Persons arrested under the Labour Standards Law were charged with employing juveniles under the minimum age, in night work and in hazardous occupations.
Persons arrested under the Law on Control and Improvement of Amusement and Entertainment Businesses were charged with employing juveniles to receive and wait on customers in the amusement and entertainment industry.
Inspection and guidance conducted by the Labour Standards
Inspection Office
454. The Labour Standards Law provides that
labour standard inspectors are authorized to inspect workplaces and to question
employers
and workers. Through these activities, the Labour Standards Inspection
Office provides supervision and guidance to ensure the observance
of laws. On
the other hand, this Law also stipulates that in the event of a violation at a
workplace, a worker may report such a
fact to the administrative office or to a
labour standards inspector. In addition, employers have the obligation to make
known the
content of labour laws and ordinances to their
employees.
Vocational training
455. In conformity
with the Human Resources Development Promotion Law, public human resources
development facilities have been established
at national and local levels to
provide vocational training. Junior high school graduates receive long-term
vocational training with
the aim of acquiring the necessary expertise for
becoming qualified workers in the future.
(b) Measures adopted in consideration of the relevant provisions of
international instruments
Minimum employment age for workers
456. The Labour Standards Law provides that
children shall not be employed as workers before 31 March of the school year in
which
the day following his/her 15th birthday falls. See also paragraph 81
above.
Working hours and conditions
457. The Labour
Law stipulates that a person under 18 years of age shall not be subject to
provisions about flexible working hours,
overtime work, and work on holidays.
Furthermore, those over 15 years of age, who may be employed with the permission
of an administrative
office, shall not work more than seven hours a day, or a
total of 40 hours per week, including study hours at school, before 31 March
of
the school year in which the day following his/her 15th birthday falls. In
addition, night work (from 10 p.m. to 5 a.m.) is forbidden
for any person under
18 years of age.
458. With regard to safety and health matters, the
Labour Standards Law stipulates that employers shall not employ persons below 18
years of age in activities such as hazardous work, work involving the handling
of heavy materials, work in places which are dangerous
or harmful to the safety,
health or welfare of children, and mining.
Penalties, inspection
systems and petition procedures
459. The Labour Standards Law
stipulates that violations shall be subject to imprisonment or other penalties;
see also paragraph
454 above.
Entertainment
businesses
460. See paragraph 450
above.
International conventions ratified by
Japan
461. Among other relevant international conventions, Japan
has, in particular, acceded to the following instruments related to the
condition of children:
2. Drug abuse (art. 33)
(a) Protecting children from narcotic drugs and psychotropic substances as defined in related international conventions
462.
Japan has acceded to the following conventions:
(b) Preventing the use of
children from the illicit production of psychotropic
substances
Cooperation with the United Nations
International Drug Control Programme (UNDCP)
463. Japan
continues to cooperate with UNDCP, not only financially, but also in terms of
human resources.
464. Criminal offences related to substance abuse,
stimulant drugs and cannabis are frequent and the Japanese mafia, called
boryokudan or yakuza, contributes to aggravating delinquency by
smuggling illicit substances as defined in international conventions, such as
organic
solvents in particular, e.g. paint thinner, to juvenile drug abusers to
acquire funds for their activities.
465. Since juvenile drug abuse,
including the use of stimulants and paint thinner, still represents a serious
problem, the Government
is promoting comprehensive measures such as implementing
strict control over drug trafficking routes including drug dealers, detecting
juvenile drug abusers at the earliest stage possible, strengthening cooperation
with relevant organizations including schools, and
promoting public relations
and awareness-raising activities, in order to prevent drug abuse among
juveniles.
466. The police are making collective efforts to prevent
worsening juvenile drug abuse, with the aim of “cutting off supply
routes” and “eliminating drug demand”.
467. First, in
“cutting off supply routes”, the police implements strict controls
over illicit trafficking by drug abusers,
by strengthening cooperation with
relevant organizations, and making efforts to regulate supply routes by cracking
down on imports
by drug dealers.
468. Secondly, in “eliminating
drug demand”, the police are actively arresting users, endeavouring to
find and put such
juveniles into custody through protective custody activities
on the streets or through juvenile counselling. Also, juveniles are
helped to
recover at the earliest stage possible and are continuously provided with
protective custody measures, if necessary.
469. For juveniles to become
aware of the harmful effects and dangers of drug abuse, the police use
loudspeaker cars for their anti-drug
campaigns and are active in holding
“anti-drug abuse lessons”, as well as staging broad public relations
and awareness-raising
activities in schools and local societies.
470. In
2000, 1,137 juveniles were arrested for stimulant drug-related offences,
102 juveniles for marijuana-related offences and
3,417 juveniles for use of
organic solvents such as paint thinners. The number of juveniles arrested for
stimulant drug-related offences
has increased for the first time since 1997.
Particularly significant is the increase in the number of arrests among junior
or senior
high school students, indicating that juvenile drug-abuse situation
remains serious.
Establishment of a Five-Year Drug
Abuse Prevention Strategy
471. In January 1997, in view of the
worsening situation, the Cabinet decided to upgrade the status of the
Headquarters for Promotion
of Measures to Prevent Drug Abuse, which was
established at the Prime Minister’s Office and chaired by the Chief
Cabinet Secretary;
it designated the Prime Minister as Chair and transferred the
Headquarters to the Cabinet.
472. In May 1998, the Headquarters launched
a “Five-year Drug Abuse Prevention Strategy” outlining the
objectives Japan
was to attain in the coming five years, in order to promote,
among ministries and government agencies concerned, anti-drug abuse
measures for
people including juveniles. The basic objective of this strategy is to implement
“urgent measures for early ending
of the third post-war peak in stimulant
drug abuse” and “international contribution to solve the global
problem of drug
abuse”. Its specific objectives are as follows: “To
stop the juvenile’s tendency for drug abuse by making young
people, making
secondary school students aware of the danger of drug abuse”, “to
implement strict control over boryokudan gangs and foreigners’ drug
trafficking syndicates by taking proper measures against the increasingly
sophisticated trafficking”,
“to take measures to prevent drugs from
entering Japan at the borders and to promote international cooperation in
supporting
regulatory activities in drug producing areas”, and “to
prevent the return to drug abuse, by assisting in medical care
for addicts and
people suffering from dependence on drugs and by promoting their
rehabilitation”. As for specific measures,
probation officers and other
competent officials, conduct public relations and awareness-raising activities
in a crime prevention
campaign called the “Movement for a Brighter
Society”.
Drug abuse education at schools
473.
The Government has instructed the prefectural boards of education to hold
“anti-drug abuse lessons” under the guidance
of external
specialists, for instance police officers, at all secondary schools and high
schools, at least once a year, and to deal
with this issue in close cooperation
with local communities. In addition, the general curriculum guidelines revised
in 1998, called
the Courses of Study, now provide that physical education (in
the area of health education) at elementary school should include guidance
on
the prevention of smoking, drinking and drug abuse.
474. The Government
is also implementing the following measures; conducting a survey on juvenile
awareness of drug abuse, promoting
anti-drug abuse lessons, preparing and
distributing educational materials and pamphlets for pupils and students and
reference materials
and videos for teachers, holding seminars for teachers,
public relations and awareness-raising activities, such as installing large
monitors at arenas, holding symposiums, maintaining a web site, promoting
practical research in designated areas, etc.
Anti-drug abuse
education at juvenile training schools and other correctional
institutions
475. Juvenile prisons are providing guidance
according to types of treatment, by classifying inmates into groups requiring
the same
type of treatment, paying attention to criminal behaviour and elements
which lead to crime. Stimulant drug-abuse prevention is part
of such
guidance.
476. In juvenile training schools, guidance on problem
behaviour is provided as a part of life guidance to solve juveniles’
personal problems and to foster sound perspectives, thinking and attitudes,
thereby making the inmates aware of bad conduct and problems
concerning their
attitude and conduct. As guidance for juveniles’ problems, a class deals
with drug problems by organizing
group discussions and using audio-visual
materials.
477. In addition, measures against drug abuse such as
education leading to proper knowledge concerning drugs are implemented for
juvenile probationers and juvenile training school parolees who have committed
drug-related offences.
478. Probation offices are working to consolidate
anti-drug abuse measures for juvenile probationers and juvenile training school
parolees, by strengthening cooperation with relevant organizations including
medical institutions and private organizations such
as self-help groups for drug
addicts.
(c) Effects of measures taken to prevent the use by children of
alcohol, tobacco and other harmful
substances
Control
479. Since problem
behaviour linked to a lifestyle involving drinking, smoking or going out at
night often precedes serious offences,
proper measures are to be conducted at
the earlier stages of such behaviour.
480. When the police find
juveniles drinking or smoking, they give them a warning and advice. If a vendor
sells alcohol or tobacco
to a juvenile, knowing that the juvenile will drink or
smoke it, the police take measures in conformity with the relevant
laws.
481. In December 2000, the revised Law on the Prohibition of
Minors’ Drinking Alcohol and the Law on the Prohibition of Minors’
Smoking, with harsher provisions for penalties, was enforced in order to
contribute to the sound and healthy development of children
by prohibiting them
from drinking or smoking.
482. The Government is promoting awareness
among distributors of alcohol and tobacco, and other information activities to
prevent
juveniles from drinking and smoking, in cooperation with relevant
ministries, organizations and groups.
Healthy Japan
21
483. In April 2000, the Ministry of Health, Labour and
Welfare launched a campaign called “Building a Healthy Japan in the
Twenty-First Century” aimed at “eradicating juvenile smoking and
drinking” by the year 2010, and intends to promote
this campaign
nationwide and to invite municipalities and the private sector to participate in
it in the future.
484. In December 2000, the Ministry, together with the
National Police Agency and the Ministry of Finance, issued a notice to liquor
and tobacco distributors to pay attention to selling such products in order to
prevent juvenile smoking and drinking. It also intends
to step up efforts to
realize the target of “eradicating juvenile drinking and smoking”,
by providing accurate information
about the effects of smoking and drinking on
health and provoking a national debate on such issues, using all possible means
such
as symposiums, pamphlets and the Internet.
3. Sexual exploitation and sexual abuse (art. 34)
(a) Enlightenment and education campaign
485. See
paragraphs 110 and 112 above. The Ministry of Justice has been carrying
information about the Law on Punishing Acts related
to Child Prostitution and
Child Pornography, and on Protecting Children, on its web site. In addition,
seminars for prosecutors are
repeatedly held under such themes as
“Enactment of the Child Prostitution Prevention Law and consideration for
children and
women” for further understanding of children’s rights.
486. The police have organized awareness-raising activities through
various advertising media, such as distributing posters or leaflets,
with the
aim of preventing sexual exploitation and sexual abuse. The above-mentioned Law,
as well as an English translation of it,
can also be found on the web site of
the National Police Agency. Training sessions and education concerning
dissemination of the
said Law and prevention of sexual exploitation and sexual
abuse are also provided for police personnel.
(b) Domestic
measures
Laws on preventing sexual
exploitation
487. The Law on Punishing Acts related to Child
Prostitution and Child Pornography, and on Protecting Children stipulates, for
the
prevention of sexual exploitation of children in sex industries, that the
following acts are subject to punishment: procurement,
prostitution through
embarrassment, contracts to make a person prostitute him/herself, furnishing a
place for prostitution, providing
funds for such activities or engaging in the
business of prostitution. Child prostitution and procurement or solicitation of
child
prostitution are also subject to punishment under this Law. Moreover, the
Child Welfare Law prohibits the act of inducing a child
to practise indecent
behaviour and that of keeping a child in one’s custody with the aim of
making the child perform such an
act that has injurious effects on the
child’s mind and body.
488. To prevent the exploitation of children for obscene performances and publications, this Law further stipulates that the act of distributing child pornography and its production for purposes of distribution are subject to criminal charges. The Penal Code provides for the punishment of such acts as public indecency and distribution of obscene literature, etc. The Child Welfare Law stipulates that the act of keeping a child under one’s control for the purpose of inducing him/her to perform an act that has harmful effects on the child’s mind and body shall be punished.
489. The Law
on Control and Improvement of Amusement and Entertainment Businesses prohibits
owners of entertainment businesses showing
nude persons to employ persons under
18 years of age as hosts/hostesses, and foresees criminal charges for the
violation of the law.
490. Prefectural ordinances concerning the
protection of young persons (Municipal Ordinances on Juvenile Protection)
provide for
the prohibition of obscene and indecent acts against young persons,
and these ordinances are promulgated regionally. The Government
is thus
promoting the effective application of these ordinances.
491. The police
classify crimes that harm the welfare of children as “welfare
offences”, including sexual exploitation
and sexual abuse of children, and
engage in continuously control of such offences. While protecting children from
harmful environments
(for instance, dangerous work or the sex business),
juvenile guidance officials and counselling specialists give counselling to
victimized
children to repair psychological damage and assist them in a prompt
recovery.
492. The National Police Agency has launched the regulation
of telephone clubs, which are recognized as hotbeds of child prostitution,
under
the Law on Control and Improvement of Amusement and Entertainment Businesses. As
mentioned in paragraph 9 above, Japan has
launched a “National Action Plan
Against Commercial and Sexual Exploitation”.
Table 28
Arrests in connection with welfare offences, sexual exploitation and abuse
|
1996
|
1997
|
1998
|
1999
|
2000
|
Child Welfare Law (indecent acts)
|
332
|
385
|
392
|
443
|
251
|
Prostitution Prevention Law
|
321
|
224
|
184
|
147
|
121
|
Juvenile Protection Municipal Ordinances (indecent acts)
|
2 781
|
2 493
|
2 583
|
2 521
|
1 334
|
Law on Punishing Acts related to Child Prostitution and Child
Pornography,
and on Protecting Children
493.
This Law penalizes activities mentioned in paragraphs 487 and 488 above.
Furthermore, it stipulates criminal charges for the
following activities related
to trade and trafficking in child prostitution and pornography: the import or
export of child pornography
for the purpose of distribution; trafficking in
children for the purpose of child prostitution or production of child
pornography;
international trafficking and sale of children. A Japanese national
who commits any of the above-mentioned acts outside Japan is
also
punishable.
494. The same Law stipulates that those who are officially
involved in investigations or trials relating to those crimes shall, in
performing their official duties, give special consideration to the rights and
characteristics of children (art. 12). The police
are advised to conduct
hearings in such a way as to inflict the least possible mental burden on child
victims suffering mental anguish,
given not only the child’s personality
but also the gravity of the offence. Female police officers who are specifically
suited
for this work are appointed to deal with such children; when necessary,
hearings are conducted in cooperation with experts who assess
the mental and
physical condition of child victims, or with female police officers, depending
on the nature of the offence and the
condition of the child. Moreover, prior to
or during questioning, juvenile counselling specialists and guidance officials
with medical
and psychological expertise and experience in treating children
provide counselling for child victims. When conducting an investigation,
the
police and prosecutors give due consideration to the mental and physical damage
the children have suffered from such crimes,
their mental condition, as well as
to the time and frequency of interviews in order to avoid disturbing their
school education. Furthermore,
if it is considered beneficial for the child, a
female police officer or his/her parents may escort the child on his/her way to
and
from the prosecutor’s office, and the interview with the child may be
conducted by a female prosecutor or assistant.
495. The Law partially
amending the Code of Criminal Procedure and the Law for the Inquest of
Prosecution was enacted on 12 May 2000.
This Law introduced:
(a) A system of allowing the witness to be accompanied by an appropriate person when a victim of sexual crime, a child etc., is examined as a witness. This seeks to ease the witness’ mental and psychological burden (art. 157-2);
(b) A system of allowing the witness to testify behind a screen, so that he/she cannot be seen by the accused or the spectators (art. 157-3);
(c) A video interview system in which the witness is allowed to be in a
separate room and be examined through a TV monitor (art.
157-4).
The
court will conduct the trial by using the provisions mentioned above giving
careful consideration to children.
496. In 2000, 1,155 cases were cleared
and 777 suspects were arrested under the Law. Of these, 985 cases and 613
suspects concerned
child prostitution cases, 170 cases and 164 suspects child
pornography, and 143 cases and 85 suspects were related to the use of
the
Internet for such purposes.
Child Abuse Prevention
Law
497. With the increase of consultations on child abuse
including sexual abuse, it is certain that child abuse is growing into a serious
problem. Therefore, the Child Abuse Prevention Law which entered into force in
November 2000 promotes measures such as early detection,
response and
appropriate protection for abused children.
Consolidation of the
counselling system
498. Public concern over the problem of
sexual exploitation of children has been growing in Japan. Considering the issue
too serious
a problem to be ignored, the human rights organs of the Ministry of
Justice have endeavoured to consolidate their system of counselling
services
through “Counselling Rooms for Children”, “Children’s
Rights Dial 110” and the like. When
an incident of child sexual
exploitation is detected, competent human rights authorities make every effort
to solve the problem by
trying to provide relief to the child victim and
education on respect for human rights to the offender and other persons
involved.
On-site inspection
499. It is
stipulated in the Child Welfare Law and the Child Abuse Prevention Law that the
director of a child guidance centre may
give temporary protection to children
when necessary and child welfare commissioners may conduct on-site inspections
at the homes
of juveniles.
Relevant international
conventions
500. Japan has acceded to the Convention for the
Suppression of the Traffic in Persons and of the Exploitation of the
Prostitution
of Others and the International Convention for the Suppression of
the Circulation of and Traffic in Obscene Publications.
501. Because it
relates to sexual exploitation and sexual abuse (art. 34) and sale, trafficking
and abduction (art. 35), the Government
intends to consider the ratification of
the Optional Protocol to the Convention on the Rights of the Child on the sale
of children,
child prostitution and child pornography, with a view to protecting
and promoting the rights of children.
502. The Protocol to Prevent,
Suppress and Punish Trafficking in Persons, Especially Women and Children,
supplementing the United
Nations Convention against Transnational Organized
Crime, adopted at the fifty-fifth session of the General Assembly, along with
the above-mentioned Convention, aims at establishing a universal and effective
legal framework for promoting cooperation in preventing
and combating
international trafficking in persons, including women and children, and for
protecting victims of trafficking. In particular,
it obliges State parties to
criminalize the recruitment, transportation, transfer, harbouring or receipt of
children for the purpose
of exploitation, including prostitution or other forms
of sexual exploitation, forced labour or services, irrespective of the means
used for these acts. The scope of criminalization is wider than that for adults,
and accordingly, the Protocol provides for greater
protection of children. Japan
signed the Convention on 12 December 2000, and will make preparations for its
implementation as soon
as possible, including the examination of necessary
domestic legal measures. The Government is also undertaking the necessary study
of the Protocol, bearing in mind its purpose, regarding such matters as its
contents and consistency with domestic legislation.
Ensuring
rehabilitation and improvement
503. The Government provides
treatment adapted to the condition of abused children accommodated in
children’s homes. For example,
in cases where an abused child’s
mental damage is so severe that he/she needs psychological treatment, a
psychotherapist is
involved in the treatment.
Number of
consultations at child guidance centres
504. The number of
consultations at child guidance centres was 11,631 in 1999, of which 590 were
related to sexual abuse. The number
of children, victims of child prostitution
or child pornography, undergoing counselling at a child guidance centre reached
210 in
the period from November 1999 to December 2000.
Second World
Congress against Commercial Sexual Exploitation of
Children
505. See paragraph 10 above. Prior to this Congress, the
Ministry of Foreign Affairs drew up a national action plan, laying down the
Government’s measures against commercial sexual exploitation of children,
and published it on its web site.
4. Sale, trafficking and abduction (art. 35)
(a) Measures taken to prevent the selling, buying or trading of
children
Legislative measures
506. Japan is
party to the Convention for the Suppression of the Traffic in Persons and of the
Exploitation of the Prostitution of
Others. With regard to human trafficking for
the purpose of prostitution, the Government is promoting investigative and
judicial
cooperation and a system for exchange of information on contraventions
of the Convention among signatory States. Concerning domestic
legislation, the
Penal Code punishes kidnapping of a person for the purpose of profit or
obscenity, as well as selling and buying
a person for the purpose of
transporting him/her overseas. The Law on Punishing Acts related to Child
Prostitution and Child Pornography,
and on Protecting Children, which was
enacted on 1 November, 1999, stipulates that a person who buys or sells a
child for the purpose
of prostitution or production of pornography, and a
Japanese national who transports a child, resident in a foreign country out of
that country and who has been abducted, kidnapped, sold or bought, for any of
the purposes mentioned above, shall be punished. For
crimes such as these, the
Government is promoting judicial cooperation and exchange of information with
foreign countries.
507. Article 34 of the Child Welfare Law prohibits
the act of transferring custody of a child to a person who is feared may commit
a criminal act against the child.
Training sessions for
Prosecutor’s Office staff
508. The Government has provided
training sessions with the theme “Enactment of the Law on Punishing Acts
related to Child
Prostitution and Child Pornography, and on Protecting Children
and consideration for women and children”.
(b) Bilateral, multilateral, or international agreements prohibiting the purchase
or sale of children
509. See paragraph 500
above.
5. Other forms of exploitation (art. 36)
Reducing the influence of boryokudan on
juveniles
510. As mentioned above, article 34 of the Child
Welfare Law prohibits the act of keeping a child under one’s custody with
the aim of inducing the child to perform acts that have harmful effects on its
mind and body.
511. Moreover, as mentioned in paragraph 302 of the
initial report, the law concerning prevention of unlawful activities by
boryokudan (or “Anti-Boryokudan Law”) prohibits
members of gangster organizations from forcing juveniles to join a gang or to
undergo tattooing.
512. By applying these regulations, a suspension
order against a gangster who had forced a 15-year-old boy to join an organized
crime
group was enforced (February 2000, Hokkaido); a suspension order against a
gangster who had prevented a 16-year-old boy from withdrawing
was enforced (July
2000, Kumamoto). The protection of juveniles against organized crime groups is
thereby being attempted.
Table 28
Number of injunction orders enforced pursuant to the Anti-Boryokudan Law
|
1997
|
1998
|
1999
|
2000
|
|
Forced admission, prevention of withdrawing
|
58
|
36
|
53
|
51
|
50
|
Forced tattooing
|
|
|
|
|
2
|
Note: Boryokudan, or an antisocial group in Japan commonly
called “Yakuza”, is defined by the Law as “any
organization likely to
facilitate its members to collectively or habitually
commit illegal acts of violence”.
513. In 2000, the number of
juvenile victims of welfare offences in which organized crime groups were
involved reached 967, which
is 11.7 per cent of the total number of juvenile
victims of welfare crimes. It was revealed that gangster organizations are
involved
in highly malignant crimes, such as drug trafficking or prostitution of
girls and the like. In order to reduce the influence of these
groups on
juveniles, the police implement measures such as regulating welfare crimes in
which boryokudan and the like are involved, helping juvenile gang members
leave the organizations and preventing juveniles from joining them.
D. Children belonging to a minority or an indigenous
group (art. 30)
1. Ensuring the identity of minority or
indigenous groups
to which children belong
514. See paragraph 108 above. During Human Rights Week, the human rights
organs of the Ministry of Justice run a campaign with the
slogan “Deepen
your Understanding of Ainu People” as one of the priority themes for
promotional activities across the
country, and carry out various
awareness-raising activities in order to impress upon people the importance of
recognizing and deepening
their understanding of Ainu people, preserving their
culture and respecting their dignity.
Measures to ensure the rights
provided under the conventions
515. See paragraphs 109-112
above.
Progress and problems
516. Among cases of
human rights violations involving minorities and indigenous groups handled by
human rights organs of the Ministry
of Justice, there have been cases of
slandering and defaming of the Ainu people and discrimination against them in
marriage. Human
rights organs have been actively engaged in combating such
abuses through human rights counselling services, and investigating such
cases
of human rights violations.
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