The child shall be respected as a human being.
The child shall be esteemed as a member of society.
The child shall be raised in a good environment.
1. This is the statement of fundamental principles set out in the Children's Charter of Japan, established and declared in 1951 with the rise of public awareness and popular movement at that time. Ever since then, it has been recognized by many Japanese people as a significant philosophy acknowledging the fundamental rights of children and promising to guarantee and promote their well-being. With the ratification of the Convention on the Rights of the Child on April 22, 1994 as a turning point, the awareness of the rights of children has continued to grow, and the spirit of respecting and protecting the rights of children is now understood among the Japanese people more than ever before.
2. The protection of fundamental human rights is the important pillar of the Constitution of Japan, of which Article 97 stipulates that fundamental human rights are "conferred upon this and future generations in trust, to be held for all time inviolate." These fundamental human rights include: (i) civil liberties such as the right to liberty and the rights to freedom of expression, thought, conscience and religion; (ii) social rights such as the right to receive education and the right to maintain the minimum standards of wholesome and cultured living.
3. The Constitution protects the fundamental rights of children as well. Especially in the interests of children, the Child Welfare Law was established in 1947 in recognition of the need to promote child welfare both in mind and body. Article 1 of the Child Welfare Law provides that "all people shall strive to ensure the sound birth and growth of children, both in mind and body. The livelihood of each and every child shall equally be guaranteed and protected." This provision not only elucidates that all people as members of society, including parents, guardians and teachers, have responsibility for sound child rearing, considering the best interests of the child in each individual case, but also upholds that each child must be respected as a human being so as to enjoy the fundamental human rights equally without any discrimination in that respect. Article 2 of the said Law prescribes that "the State and local public entities bear responsibility for the sound mental and physical growth of children," explicitly defining the duty of the State and local public entities for child welfare. In addition, Article 3 of the said Law stipulates that "the principles stipulated in the preceding two articles guarantee the welfare of children and shall be observed at all times in the enforcement of all laws and ordinances concerning children," clarifying that the principles of child welfare as provided for in Articles 1 and 2 must be respected in the execution of any law or ordinance relating to children, not only the Child Welfare Law. The Japanese government, under such basic principles which conform to the spirit of the Convention, has been developing various measures relating to welfare and education, etc.
4. In terms of welfare, under the Child Welfare Law the Japanese government expands child welfare facilities such as Child Guidance Centers, nursing facilities and day-care centers, enhances the protection of children and assists households. Moreover, under the Maternal and Child Health Law, which aims to maintain and promote maternal and child health, it provides various maternal and child health services such as: health guidance for pregnant women, infants and toddlers; health examination of three-year olds; nutrition improvement assistance; nursing and medical assistance of premature babies; and issuing of the Maternal and Child Health Handbook. To assist child rearing, furthermore, it provides allowances under the Child Allowance Law and other relevant laws, which contribute to the promotion of child welfare. In recent years, however, the environment surrounding children has been changing due to the falling number of children per family and the ever-increasing participation of women in society, making it indispensable to consolidate measures in view of such changes. The Government, nonetheless, has always aimed to enhance policies to promote child welfare, paying heed to the best interests of the child.
5. Education is vital to enable children to realize their potential and to create human beings capable of adapting to society. The Government has endeavored to disseminate education under the Fundamental Law of Education and the School Education Law, and today has achieved almost 100% in school enrolment in compulsory education. The Fundamental Law of Education declares to spread education esteeming personal dignity. Accordingly, it upholds the basic principle of "individual-oriented education," and propels education and guidance, setting much value upon the individuality of each child, with due regard to the rights of children.
6. For a child to become a person of sound mind and body who can decide and act with a spirit of self-reliance, he/she has to gain rich experience in various activities both inside and outside school. From 1992 onwards, therefore, the Government introduced the five-day school-week system. This system has given latitude in children's lifestyles and provided children with opportunities to gain ample experience in various activities in everyday life at home as well as in the local community. In this respect, the Child Welfare Law provides for child welfare facilities (Article 40) to engage children in sound play, promote their health, and cultivate their artistic aptitude. Based upon the provision, the Government endeavors to expand such facilities.
7. To ensure the rights of children, who are in the process of maturing both in mind and body, special protection especially from harmful environments must be given. The Government has implemented appropriate measures to protect children from all forms of exploitation and abuse under the Penal Code, the Child Welfare Law and the Labor Standards Law, etc. While enforcing regulations under the relevant laws, the Government also promotes various public relations activities and cleanup campaigns targeting harmful environments, and actively engages in protection and guidance activities for children nationwide, in close cooperation with families, schools and local communities.
8. Juvenile delinquents must be protected and given appropriate guidance as swiftly as possible, in addition to the consideration which should be paid to the environment in taking such steps. From this point of view, under the Juvenile Law, the Child Welfare Law and other relevant laws, the Government is consolidating the framework to deal with juvenile cases, correctional treatments, rehabilitation measures, including environmental adjustments, and training/education of juvenile delinquents, in order to prevent recidivism and assist delinquents' smooth rehabilitation back into society.
9. In terms of international cooperation, Japan declares its commitment to pay full consideration to children and other socially weak persons in Japan's Official Development Assistance (ODA) Charter, as a means for implementing ODA effectively. Based upon this principle, the Government is actively practicing international cooperation to respect and protect the rights of children around the world: it implements bilateral cooperation programs for the construction of school buildings, maternal and child health centers, and projects for children's hospitals. It also provides financial cooperation through such international organizations as the United Nations Children's Fund (UNICEF), World Health Organization (WHO) and United Nations Educational, Scientific and Cultural Organization (UNESCO).
10. The Convention on the Rights of the Child provides for fundamental principles for protecting the rights of all children. Following the ratification of the Convention, the Japanese government has been striving to consolidate various measures within the existing legal framework to implement the Convention effectively. In reality, however, cases of child-abuse are on the increase and the situation of juvenile delinquency and bullying is becoming increasingly serious, partly because of demoralizing influences from modern society such as the weakening of human relations, including those with parents, and the overflow of harmful information. Under such circumstances, new challenges have arisen.
11. To ensure that all children develop their personality within a perfect, harmonious environment, the Government must assiduously endeavor to consolidate policies in an effective and comprehensive manner to create such an environment in practice. In Japan, many non-governmental organizations, etc., have been voluntarily undertaking activities to implement the Convention effectively, and the value of these activities are acknowledged. To ensure that the rights of children are fully respected and protected, families, local public entities, schools, the police and non-governmental organizations as well as the Government have to act in concert for the best interests of the child. Furthermore, all the people in Japan should deepen their understanding on the Convention and strive to achieve such goals.