The Ministry of Foreign Affairs Japan

I. GENERAL MEASURES OF IMPLEMENTATION

A. The Measures taken to Harmonize National Law and Policy with the Provisions of the Convention

12. In ratifying conventions or treaties, the Japanese government ensures that national laws are consistent with the provisions of the conventions or treaties. The Convention on the Rights of the Child, which defines "children" as "any person under the age of eighteen years," stipulates broadly rights to freedom (such as those concerning expression, thought and conscience) and social rights (including those regarding social security and standards of living). It also stipulates matters contributing to the protection of children (such as the primary responsibility of the parent/guardian(s) for fostering and raising the child) and matters to deal with problems in modern society (such as the protection of children from narcotics, sexual exploitation and abuse, and the protection of children of refugees). Ratification of the Convention, nonetheless, did not require any amendments to Japanese legislation nor any new enactments of law, since most of those matters have been stipulated by the International Covenant on Economic, Social and Cultural Rights and the International Covenant on Civil and Political Rights -already concluded by Japan in 1979- and are guaranteed under the existing legal framework of Japan, including the Constitution.

13. The Government has, however, made the following reservation to ensure conformity with domestic laws.
"In applying paragraph (c) of Article 37 of the Convention on the Rights of the Child, Japan reserves the right not to be bound by the provision in its second sentence, that is, 'every child deprived of liberty shall be separated from adults unless it is considered in the child's best interest not to do so', considering the fact that in Japan as regards persons deprived of liberty, those who are below twenty years of age to be generally separated from those who are of twenty years of age and over under its national law."
The reason is as follows:
The said provision stipulates for Article 37 (c) of the Convention that "every child deprived of liberty shall be separated from adults unless it is considered in the child's best interest not to do so." Although a "child" means "every human being below the age of eighteen years or less unless, under the law applicable to the child, majority is attained earlier" according to the Convention (Article 1), there are no provisions for the definition of "adults." We may, nevertheless, interpret that "adult" in this context means any person other than a "child," that is, a human being no less than the age of 18 years, considering that the object of the said provision is to prevent and protect youngsters called "children" from being subject to harmful influence by separating them from other, older persons. In Japan, however, persons under 20 years of age are dealt with as "juvenile" as provided for in Article 2 of the Juvenile Law, under which any person less than 20 years of age deprived of liberty is to be separated from persons equal to or more 20 years old. There is an obvious difference with the standard of age applied for separation as prescribed in the Convention. It was, therefore, decided to make such reservation with regard to the said provision.

14. Domestic laws have not been revised upon ratification, as we have already mentioned. It is, however, important to consolidate child protection and welfare in practice more than ever under the domestic legal framework, in order to ensure that the child undergoes full and harmonious development of his/her personality and lives an individual life in society. The ratification of the Convention on the Rights of the Child has served to be a cornerstone for improving policy measures to achieve that goal.

The Protection of Children's Rights

15. In 1994, "Civil Liberties Commissioners for the Rights of the Child" was organized as an administrative measure to guarantee the rights of children including the rights provided for in the Convention. The Commissioners are in charge of supervision to prevent the violation of the rights of children, and take swift, proper relief measures should they be violated. Their duty is to promote public relations campaigns (e.g. holding symposiums targeting local residents, parents and children) to ensure that the significance, the details and the objective of the Convention are properly understood and to raise public awareness of respecting the rights of children. The Commissioners of the Rights of the Child are selected from among members of civil liberties commissioners, especially among lawyers and individuals concerned with education in order to deal with the issue of children's rights in an appropriate manner. They focus on the issues of children's rights and actively tackle these matters. As of January 1,1996,515 persons are designated as Civil Liberties Commissioners of the Rights of the Child, posted in every prefecture in Japan. The civil liberties commissioners consist of volunteers selected from the general public and commissioned by the Minister of Justice. They are actively performing various tasks, giving counsel on human rights at homes and in guidance rooms of the Regional Legal Affairs Bureaus and the District Legal Affairs Bureaus.

16. Additionally, civil liberties organs of the Ministry of Justice (: the Civil Liberties Bureau; the Civil Liberties Department of the Legal Affairs Bureau; the Civil Liberties Division of the District Legal Affairs Bureau; and the civil liberties commissioners) set their main targets for public relations activities in 1994, 1995 and 1996 as "Let's Protect the Rights of Children," under which the civil liberties organs have been propelling public relations campaigns especially to raise the awareness of the need to respect the rights of children, in cooperation with schools and other relevant organizations.

Measures Against Child Abuse

(a) Urban In-Home Family Support Scheme

17. This scheme was introduced in 1994 in order to deal with family worries about child rearing and various fostering problems, such as maltreatment and delinquency. Utilizing the expertise of private facilities, households in neighboring regions can receive counsel and, if necessary, be given prompt and constant in-home support (e.g. home calls). The objective of the scheme is to protect children's rights, contribute to sound child rearing and further the innate disposition of children. As of 1995, the scheme had been implemented in 20 private facilities.

(b) Model Project for the Management of Child Abuse Cases

18. Launched in 1996, this project aims to construct a network against child abuse, for the prompt identification of, the swift response against and the constant follow-up after child abuse cases. Not only does it seek to detect cases of child abuse, but it also tackles tough cases in liaison with a team consisting of welfare officers, doctors, lawyers and police.

Comprehensive Child Rearing Assistance

(a) Angel Plan

19. In response to the falling birth rate and the increasing participation of women in public affairs in recent years, the Government devised the Angel Plan in 1994, incorporating the basic policy direction and essential measures for supporting child rearing in the next 10 years in order to make a mass drive for child-rearing assistance in society at large and promote comprehensive measures to back up child rearing. The Angel Plan is based on the idea that child rearing at the family level must be supported by the society as a whole so as to create an environment where anyone wanting to have a child may give birth and raise a child without anxiety, assuming that the best interests of the child should be of primary consideration in the promotion of measures for achieving that goal. Essential targets set under the Angel Plan include:

(i) Coordination of the working environment to balance work and child-rearing
(ii) Consolidation of various nursery care services
(iii) Reinforcement of the maternal and child health care system, making child bearing and rearing smoother and less worrisome
(iv) Improvement of housing and living environments
(v) Promotion of "relaxed school education," non-school activities and home education
(vi) Mitigation of financial burdens involved in child rearing
(vii) Establishment of infrastructure for supporting child rearing
As part of the measures for applying the Angel Plan in concrete terms, the following targets have been established under the Five-Year Program on Emergency Measures for Nursery Care to enforce nursery policies systematically.

Targets for the Five-Year Program on Emergency Measure for Nursery Careb


1994
1999
(i) Nurseries
(Day-care targeting infants 0-2 years old)
450,000
persons
--> 600,000
persons
(ii) Extended Day-Care
(Day-care services after 6p.m. in general)
2,230
centers
--> 7,000
centers
(iii) Temporary Nursery-Care
(Emergency/temporary nursing)
450
center
--> 3,000
centers
(iv) Infant Health Day-Care Services
(Day-Care for infants recovering from illness)
30
centers
--> 500
centers
(v) After-School Children's Club
(After-school training/education mainly for children in lower grades of primary school)
4,520
clubs
--> 9,000
clubs
(vi) Construction of Multi-purpose Nurseries
(Secure counsel rooms for child rearing upon refurbishing nurseries, etc.)
1,500 nurseries in 5 years
(vii) Local Child Rearing Centers
(Day-care centers for giving advice and supporting groups for child rearing)
236
centers
--> 3,000
centers

Additionally, the Ministry of Education is working to relieve the financial burden accompanying child rearing and education, to consolidate home education, and to realize "relaxed school education" by alleviating competition in entrance examinations. Specifically, the Ministry promotes measures for (i) mitigating the financial burden accruing from child rearing, (ii) consolidating home education by facilitating the counseling framework to deal with worries concerning child rearing, (iii) improving the quality of non-school activities by affording opportunities for children to engage in dynamic activities, and (iv) encouraging "relaxed school education."

(b) Amendments of the Child Allowance Law

20. The Child Allowance scheme, introduced in 1972, aims to stabilize family life and contribute to healthy child rearing by providing a child allowance on a cash basis. In response to the changing environment surrounding children and families, the scheme was amended in 1994 to implement thorough child-rearing assistance services and programs for sound child rearing.

(c) Establishment of the Foundation for The Children's Future

21. In July 1994, a juridical foundation entitled the "Foundation for the Children's Future" was established under the Civil Code with the aim of supporting projects for assisting child rearing and the sound growth of children. The object of the Foundation is to supplement services which cannot easily be provided by the public sector.

Education

22. The Ministry of Education has instructed educational institutions thoroughly by issuing notices to ensure that schools make the spirit and the principles of the Convention fully known and propagate the spirit of respecting fundamental human rights extensively throughout teaching activities in compliance with the object of the Convention.

International Cooperation

23. Japan has been reinforcing its international cooperation efforts for respecting and protecting the rights of children. In particular, the Japanese government has been promoting bilateral cooperation, especially in the fields of education, health and medical services, through the construction of school buildings and classroom facilities, maternal and child health care, and the improvement of children's hospitals, etc. As of 1994, the Government provided aid amounting to roughly $3.4 billion in social infrastructure and services including such fields as these. Japan's share in bilateral Official Development Assistance directed to social infrastructure and services has been growing in recent years: its share increased from 12.3 % to 23.2% between 1991 and 1994. The Government intends to carry on active assistance in this field for the future. It is worth noting that local governments have started extending independent international-cooperation efforts progressively in this field; to promote this trend, the Government is offering supports for such local government activities.

24. Japan also cooperates with international organizations. To the United Nations Children's Fund (UNICEF), the leading child-relief organ, Japan has been boosting contributions on an annual basis. In 1995, for instance, it contributed $29.43 million, becoming the fifth largest donor that year. Additionally, Japan has been making contributions constructively for the promotion of maternal and child health, such as campaigns for tackling tuberculosis, polio and AIDS, through the World Health Organization (WHO).

25. With regard to international cooperation, moreover, NGO activities have been highly appreciated. To support NGOs, the Government introduced the Subsidies System for NGO Projects and Grant Assistance for Grassroots Projects in 1989. Ever since, the Government has been reinforcing support to NGOs yearly, including projects concerning maternal and child health. In 1995, government subsidies to health and sanitation projects accounted for ¥25.1 million (year-on-year increase of ¥16.7 million) and those to medical care projects totaled ¥229.9 million (year-on-year increase of ¥55.787 million); together, they covered approximately 40% of the total sum of subsidies for NGO projects in 1995. The Grant Assistance for Grassroots Projects in the medical sector accounted for ¥1.01 billion, about one third of the total in fiscal year 1995.

B. Existing or Planned Mechanisms at National or Local Levels for Coordinating Policies relating to Children and for Monitoring the Implementation of the Convention

26. In Japan, various measures are taken to ensure the sound growth of the rising generation, that is, young adults and children, both in mind and body. Many administrative organs are concerned: for instance, the Ministry of Health and Welfare deals with services concerning the sound growth of children, the welfare of neglected children and disabled children, and maternal and child health; the National Police Agency deals with prevention of juvenile delinquency, guidance activities, protection of youth victims of crimes, and regulations against crimes injurious to the welfare of the youth; the Public Prosecutors Office is in charge of sending juvenile delinquents to the courts, etc.; the Ministry of Justice performs tasks relating to the correction and rehabilitation of juvenile delinquents and the protection of human rights; the Ministry of Education deals with services concerning education, sports and culture; and the Ministry of Labor is responsible for the protection of minor workers, vocational training and so on. Through the Committee for the Promotion of Youth Policy, for instance, the Management and Coordination Agency adjusts measures relating to youth as enforced by these relevant authorities so as to implement them effectively and comprehensively under the government as a whole.

27. The Management and Coordination Agency also endeavors at the local level to promote various measures for youth comprehensively through the Government and local authorities. For example, it holds liaison conferences with youth affairs management departments in prefectures and designated cities, facilitating the exchange of information between the Government and the local authorities.

28. The Government also offers counseling services concerning youth, where specialists give advice on occasion to promote the sound growth of children and to prevent and promptly identify cases involving violations of human rights. For instance, counseling services are available at the Civil Liberties Department (Division) of the Regional Legal Affairs Bureau, the Child Guidance Center, the Education Centers, the Juvenile Guidance Center, the Juvenile Classification Home, the Juvenile Division in the Headquarters of Police Regions, and police stations (Refer to Table 1). The Government divides the country into 6 blocks and convokes liaison conferences with personnel in charge of counseling services at each block, as it is vital that these counseling organs are reinforced and interconnected with one another to make a swift and pertinent response to consultations.

29. The Ministry of Justice, the Ministry of Foreign Affairs, the Ministry of Education, the Ministry of Health and Welfare, and other administrative organs are currently implementing various measures from their own standpoints to perform the duties prescribed by the Convention. And upon the implementation of measures, however, these administrative organs promote close cooperation and take care to achieve collaboration within the Government as a whole.

(Table 1: Principal Youth Advisory Organs)

C. Dissemination of the Convention (art. 42)

30. As for activities aiming to disseminate the objective and the content of the Convention and promoting its proper understanding, many Ministries and Agencies have prepared pamphlets and propagated the principles of the Convention throughout the nation, including to children, as we shall see in the following paragraphs. As public relations activities are extremely effective for implementing the Convention efficiently, the Japanese government intends to carry on these activities, examining the reaction from the public to these activities conducted so far and the extent to which the Convention is recognized.

31. The Ministry of Foreign Affairs has been endeavoring to introduce and propagate the Convention to the general public by means of public relations magazines, TV and radio. In cooperation with the UNICEF office in Japan, the Ministry has prepared 90,000 leaflets explaining the conditions in which the Convention was drafted. The leaflets, which also include the full text of the Convention, are distributed to welfare offices, Child Guidance Centers, boards of education, interested private organizations and individuals. In collaboration with the Ministry of Education, moreover, the Ministry produced 1 million posters introducing the content of the Convention in such fashion that children can easily understand, and distributed them to every class in kindergartens, elementary schools, lower secondary schools, upper secondary schools and schools of special education, child welfare facilities and public libraries, etc.

32. The Civil Liberties Bureau of the Ministry of Justice has also produced 100,000 PR handouts entitled "The Convention on the Rights of the Child and the Human Rights of Children," in order to promote the recognition of the gist and the nature of the Convention and to boost the public awareness of the rights of children. The Bureau distributed them to schools, the boards of education, local governments and other relevant organs through regional Legal Affairs Bureaus and District Legal Affairs Bureaus across the country.

33. The Ministry of Health and Welfare, furthermore, prepared and distributed pamphlets with a description of the Convention to make it widely known, especially among those involved in child welfare services. Additionally, the Ministry has been working to disseminate the content of the Convention broadly among the general public, printing the key points of the Convention in the Maternal and Child Health Handbook issued to pregnant women.

34. The Ministry of Education, moreover, issued notices to relevant educational institutions to consolidate teaching activities in view of the spirit of the Convention and propagate the objective of the Convention through various bulletins, training courses and conferences focusing on teachers so as to ensure that appropriate instructions are provided according to the stage of school. Schools are intended to teach the significance and role of international law relating to human rights, including the Convention on the Rights of the Child, the philosophy of respecting fundamental human rights, and the growth and development of children.

D. Publication of the Report (para 6, art.44)

35. The Government will be distributing the report on the Convention to relevant Ministries and Agencies and to local governments, boards of education, child welfare facilities, Civil Liberties Departments (Division) of Regional Legal Affairs Bureaus and the UNICEF office in Japan through the Ministries and Agencies concerned. The report will also be made available at all times in the Ministry of Foreign Affairs to the general public as well as non-governmental organizations.

Child Population

36. As of October 1, 1994, the total population of Japan was 125.034 million. Child population (0-17 years old) numbered 25.516 million, accounting for 20.4% of the total population.

(Table 2)      (unit: 1,000 persons)
Total population 125,034 (100%)
0-17 years old 25,516 (20.4%)
0-4 years old
5-9 years old
10-14 years old
15-19 years old
6,048 (4.8%)
6,723 (5.4%)
7,643 (6.1%)
8,867 (7.1%)

(Source: Survey by the Statistics Bureau, Management and Coordination Agency)

Number of Births

37. The number of births was approximately 1.24 million in 1994. Though the number of births has tended to move downward in recent years, there was a slight increase in 1994 compared to the previous year.

(Table 3)
Year Number of Births
1980
1985
1990
1991
1992
1993
1994
1,567,889
1,431,577
1,221,585
1,223,245
1,208,989
1,188,282
1,238,328
(Source:   Survey by the Ministry of Health and Welfare)


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