249. Japan concluded the International Covenant on Economic, Social and Cultural Rights and the International Covenant on Civil and Political Rights (hereinafter referred to as "International Covenants on Human Rights") as well as the Convention relating to the Status of Refugees of 28 July 1951 (hereinafter called "Refugee Convention") and the Protocol relating to the Status of Refugees of 31 January 1967 (hereinafter referred to as "Refugee Protocol"). Japan concluded the Refugee Convention and the Refugee Protocol in 1981, and as a result, revised the Immigration Control Order to establish the system of refugee recognition. Japan has enforced the new system since January 1982, when Refugee Convention and Refugee Protocol entered into force for Japan. Japan is making efforts to make contact and cooperate with the United Nations High Commissioner for Refugees (UNHCR). For example, when Japan deals with applications for recognition of refugee status, it informs the UNHCR of all applications and the decisions made. As of the end of January 1996, 6 children were applying for recognition of refugee status and 76 children had been recognized as refugees.
250. Children applying for recognition of refugee status are given various kinds of protection and humanitarian assistance to enjoy applicable rights set forth in the Convention on the Rights of the Child and the International Covenants on Human Rights. For example, the Government, through the Refugee Resettlement Assistance Headquarters of the Foundation for the Welfare and Education of the Asian People, supplies protective funds to people, including children, who are applying for recognition of refugee status in a tough living environment. In addition, the Child Welfare Law is applicable to children applying for recognition of refugee status according to their living conditions.
251. Children recognized as refugees are also given various kinds of protection and humanitarian assistance as to occupation, education, social security, housing, etc. to enjoy the applicable rights set forth in the Convention on the Rights of the Child, Refugee Convention and Refugee Protocol. For example, the laws, such as the Child Welfare Law and the Child Allowance Law are applicable to such children.
252. To protect and support refugee children, Japan makes the second largest financial contributions of all the states to the UNHCR, which conducts protective and relief activities for refugees, including legal support practices, for the durable solution of refugee issues (Japan contributed about $120.715 million in 1995). Japan also supports these children through contributions to other international organizations such as the United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA), World Food Programme (WFP) and International Committee of the Red Cross (ICRC), etc.
253. To find the parents of refugees, Japan is providing UNHCR with all the available information necessary for reuniting children with their families, responding to inquiries from the UNHCR Office.
254. In consideration of the impact of wars on children, who are the most vulnerable and youngest of all the civilians affected by war, and given the fact that they become easy prey for recruiting into armed forces or factions (if children participate in combat, not only their own lives but also those of others will be in danger because of their imprudent behavior), special measures are necessary to protect children. From this viewpoint, international humanitarian laws, such as the Geneva Convention relative to the protection of civilian persons in time of war (Convention IV of 12 August 1949), prescribe measures for protecting the aforementioned children in detail. Japan concluded the Geneva Convention, supporting the objective of the Convention.
255. Japan has the Self-Defense Forces (SDF), which has as its primary mission defense of the country against direct and indirect invasion to maintain the peace, independence and security of Japan. Under the enforcement regulations of the Self-Defense Forces Law, those who are 18 years old or over are recruited, in principle, as Self-Defense Forces Personnel. The only exception is that those 15 and 16 years old are recruited as Self-Defense Forces youth cadets to be trained to become technical specialists, such as ground, maritime and air SDF sergeants. Out of the four-year training period, however, in the first three-year education term after joining the SDF, they receive education based on the curriculum equivalent to those of senior high schools and also learn basic matters necessary for Self-Defense Forces Personnel. Therefore, they are not deployed on front lines. Even in case of an emergency, Self-Defense Forces youth cadets 17 and under are not expected to engage in hostilities.
Juvenile Justice
256. 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 according to his/her age, so that he/she can play a constructive role in future society. In addition, the Japanese Penal Code provides that those under 14 years of age are not punished for their conduct. Those under 14 are, in principle, sent to a Home for Juvenile Training and Education, or a Protective Institution under the Child Welfare Law.
(i) Generally speaking, juveniles are highly malleable, while they are immature. With regard to juveniles who commit crimes, therefore, protection and education are useful for their sound growth, rather than blaming them for the criminal offense. In Japan, when juveniles commit crimes, their cases are sent or reported to a Family Court from a viewpoint of ensuring the sound upbringing of juveniles and correcting the character and adjusting the environment.
(ii) The Family Court plays not only a judicial role ( it determines whether misconduct was committed or not), but also the role of welfare agencies ( it makes a judgement on necessity of protective measures in consideration of the causes of delinquents and other various factors for preventing the recurrence of delinquencies. In making the judgement, it looks into the conduct, career, temperament and environment of the juvenile, his/her guardians or of the other persons concerned, making use of medical, psychological, pedagogical, sociological and other technical knowledge with the support of Family Court Investigators). To make efficient use of these two functions, ex officio hearing structure is adopted in juvenile judgement procedures: The Family Court conducts an investigation of a juvenile delinquent and makes a hearing to determine the most appropriate and reasonable measures or dispositions for the juvenile, since it is not desirable that public prosecutors confront juveniles as criminals like in criminal procedure, and an informal hearing structure is rather appropriate, in which a judge questions them directly and gives them educational instructions with the help of the persons concerned.
(iii) As all juvenile cases are to be handled firstly in the Family Court as mentioned above, the Family Court makes a judgement on whether to take protective measures or not. Consequently, only in cases where there is no possibility for the juvenile to be corrected by protective measures in view of his/her history of protective measures taken in the past, or where it is reasonable to accuse and elucidate criminal liability in consideration of the influence on society due to the gravity of the crime committed, juveniles may be subjected to criminal procedures in the same way as adults: This applies, however, only if the person in question commits an offense punishable with death penalty, penal servitude or imprisonment. Juveniles under 16 years old are not subject to criminal procedures either, in consideration of their age.
Even though criminal procedures have been taken against juveniles, various exceptions are granted to them, including alleviation of the death penalty and life imprisonment, which are imposed on juveniles under 18 years old, separation from adults in jail, earlier release on parole, etc., in consideration of the distinctive characteristics of juveniles (Refer to 277. and 281 for details).
In addition, when a fine is imposed on a juvenile, it is prohibited to send him/her to a labor detention house in exchange of fine.
As a general rule, when a certain period has elapsed since a person finished the execution of the sentence he/she received or he/she was excused from the execution of such punishment, or when the period of suspension he/she received has elapsed without revocation of probation, the sentence shall lose its effect. However, if a person is sentenced for a crime committed at under age 20, it is regarded that he/she never received any sentence in applying laws relating to personal qualification, from the time he/she finishes serving the term or is exempted from the execution of the sentence, and the same shall apply when he/she receives a probation, as long as it is not revoked. In this way, consideration is given to impose less restriction on personal qualification.
257. Japan has Juvenile Classification Homes as classification institutions of juvenile delinquents, and Juvenile Training Schools and Juvenile Prisons as correctional institutions for juveniles who committed crimes. In these institutions, inmates are treated fairly in line with the objective of the Juvenile Law, that is, the sound upbringing of juveniles, in full consideration of the fact that respect for human dignity and value is essential for bringing up healthy juveniles.
Juvenile Classification Homes
258. A Juvenile Classification Home is an institution which accommodates juveniles sent by the remand decision made by the Family Court and which classifies the nature of the juvenile, using medical, psychological, pedagogical, sociological and other technical knowledge, in order to contribute to the Family Court's investigation, hearings and decisions of proper protective measures for the juvenile.
Juvenile Training Schools
259. A Juvenile Training School is an institution which accommodates those persons who have been committed thereto by the Family Court as a protective measure, and gives correctional treatment. There are four types of Juvenile Training Schools: primary, middle, special and medical juvenile training schools, and treatment is divided into a short-term program (general and special) and a long-term program. In a juvenile training school, with due consideration for their formal age as well as the actual state of their mental and physical development, inmates receive life guidance, school education, vocational guidance and training, medical care, etc. in a disciplined life encouraging their self awareness, so that they can adapt themselves to social life and play a constructive role in society. Furthermore, inmates are also guided to coordinate personal relations in social life and recognize their role in society, respecting others' human rights and fundamental liberties, through living in a group and being treated in such a way as will promote the awareness of human dignity and value.
The superintendent of a Juvenile Training School can issue a certificate proving completion of all courses of correctional education for those who have finished such courses. That certificate has the same effect as a diploma or other certificate of all courses of study conducted at a "school" established under the School Education Law.
Juvenile Prisons
260. Juveniles sentenced to imprisonment with or without labor through a criminal trial are sent to a juvenile prison to serve the term.
Just like the juveniles in a Juvenile Training School, those in a juvenile prison are also given life guidance, school education, vocational training, and medical care and other treatments, which are necessary for adapting to social life, in consideration of their age, the actual state of their mental and physical development, personality, etc. And, they are treated in such a way as will promote awareness of human dignity and value.
Probation and Parole
261. Juveniles put on supervision are (i) those placed on probation by a Family Court, (ii) those who are conditionally released on parole from a Juvenile Training School, (iii) those who are conditionally released on parole from a juvenile prison, and (iv) those placed on probation upon the pronouncement of a suspended sentence. During such probation and parole period, the juveniles are guided to observe the rules and given necessary assistance by probation officers and volunteer probation officers. Taking account of the character of delinquents, special supervision programs are provided, in addition to regular supervision. For instance, "Special Treatment Program for Traffic Offenders," "Special Short-term Program for Traffic Offenders" and "Special Short-term Program for Non-Traffic Offenders" are available. Moreover, in setting up the conditions and supervising a juvenile on probation and parole (guiding in life, association with friends and acquaintances, and job application, and coordinating family environment, school relations, etc.), probation officials give full consideration to the age, background, mental and physical state, family, friends and other environmental factors of the juvenile in question, and take the most appropriate approach to encourage him/her to become a good member of society and play a constructive role in a community. In line with the purpose of the Juvenile Law (i.e. the sound growth of juveniles), the officials also treat those on probation and parole, considering that promoting awareness of human dignity and value is essential for bringing up healthy young people.
(Table 24: Outline of Procedures for Juvenile Cases)
(Table 25: Types of Juvenile Delinquents Protected by Family Court in 1994)
(Table 26: Percentage of Juvenile Protection Cases by Final Decision of Family Courts in 1994)
Prohibition of Retroactive Punishment
262. The Constitution of Japan prohibits retroactive punishment, providing that an act which was lawful at the time it was committed should not be held criminally liable. Of the acts conducted by criminal juveniles (juveniles from 14 to 19 years of age who committed a crime) and law-violating juveniles (juveniles under 14 who violated any criminal law or ordinance), only those which constituted a crime and were unlawful at the time of conduct are subject to juvenile judgment.
Presumption of Innocence
263. Even though "Presumption of Innocence" is not explicitly stated in existing law, including the Constitution of Japan and the Code of Criminal Procedure, it is regarded as a basic principle of criminal trials. Defendants are convicted only when public prosecutors have the responsibility of proving the charges and the judge considers the charges have been proved beyond a reasonable doubt.
The juvenile judgment procedure adopts the ex officio hearing structure (see para. 256(ii)). Accordingly, in juvenile judgment, there are no public prosecutors who have the responsibility of proving delinquencies, and juveniles do not have the responsibility of proving non-existence of delinquencies, either. Juveniles are put on probation only when the judge is "confident" of the existence of delinquencies on the basis of evidence which he/she has acquired through his/her investigation. "Confident" is, in general, interpreted as a lack of any reasonable doubt. In this way, the juvenile judgment procedure uses the same principle of "Presumption of Innocence" adopted in criminal procedure.
Notification of Offence and Legal Aid and Other Assistance
264. The Code of Criminal Procedure requires public prosecutors to file an information which contains the name of the accused and the facts constituting the offense charged, etc., when instituting a public prosecution (Article 256 of the Code of Criminal Procedure). The Code also requires the court to serve the accused with a copy of the information without delay when the public prosecution has been instituted (paragraph 1 of Article 271 of the said Code). Thereby, the accused is informed of the offense for which he/she is prosecuted.
In the juvenile trial procedure, the offense is indicated during the investigation by Family Court Investigators before the trial starts. If the decision is made to initiate a juvenile trial, the judge of a Family Court always announces the offense on the first day of trial in actual practice.
As to legal aid and other reasonable assistance, the Code of Criminal Procedure allows the suspects or the accused to appoint defense counsel. The Juvenile Law allows the child and his/her guardian to appoint an attendant, and the juvenile trial is performed in the presence of the guardian.
Fair Trial
265. The Constitution of Japan stipulates that "All judges shall be independent in the exercise of their conscience and shall be bound only by this Constitution and the laws" (paragraph 3 of Article 76) to secure independent and fair trials. The Constitution also guarantees the status of judges (Articles 78, 79 and 80). The Code of Criminal Procedure provides that judges who may cause doubt about the fairness of a trial because of a certain relationship with the accused or the injured party are excluded from the exercise of their functions.
As to juvenile trials, the Rules of Juvenile Proceedings provides that judges should refrain from performing their duty if they think there are reasons which cause doubt about the fairness of a trial (Article 32 of the Juvenile Law). Based on this rule, the accused juvenile and his/her attendant are allowed to demand that a judge should refrain from performing his duty. Furthermore, if the ruling of protective measures was taken by a judge who causes doubt about the fairness of a trial, the juvenile is allowed to appeal against the ruling under the Juvenile Law.
Coercion of Deposition and Confession of Crime
266. The Constitution prohibits public officers to torture suspects or compel them to testify against themselves, and prescribes to deny the validity of confessions made under compulsion, torture or threat, etc. The Code of Criminal Procedure specifies the right of suspects and the accused to remain silent, requires the investigating police officer and prosecutors and the judges trying the case to notify the suspects and the accused of the right to remain silent, and denies the validity of confessions which might have been made under compulsion, torture or threat, etc., or those which are suspected not to have been made voluntarily. The above provisions of the Constitution are also respected in juvenile proceedings.
The Standard of Criminal Investigation prohibits the police to use such means as compulsion, torture or threat, which raise doubt about the validity of confessions. Especially when investigating minors, the rule states, the police should not make the investigation public and should be careful of what they say and do, based on the spirit of protecting the sound growth of juveniles. Thus, the police should investigate minors with consideration and understanding and make efforts not to hurt the feelings of juveniles, in consideration of their special nature.
Cross-Examination, Witness Attendance and Questioning of Witness
267. Regarding the criminal procedure, paragraph 2 of Article 37 of the Constitution provides that "He (the accused) shall be permitted full opportunity to examine all the witnesses, and he shall have the right of compulsory process for obtaining witnesses on his behalf at public expense." In line with this, the Code of Criminal Procedure guarantees to the accused or defense counsels the right to request examination of witnesses, the right to be present at such examination, and the right to examine witnesses. The said Code also restricts the validity of an investigator's record of oral statement which did not go through cross-examination.
The Juvenile Law states that the provisions concerning questioning of witnesses in the Criminal Procedure Law should also be applied mutatis mutandis to juvenile proceedings, so 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.
Because the Juvenile Law adopts the ex officio hearings structure (see para. 256(ii)) regarding the request for witness attendance, the Law has no provisions on a juvenile or his/her attendant's direct right to request questioning of witnesses. The juvenile and his/her attendant, however, may ask judges to exercise their authority concerning examination of witnesses and, additionally, in some cases, a Family Court may be requested ex officio to investigate evidence. If judges do not examine witnesses without any reasonable reasons, and that is affecting the ruling of protective measures, the failure to examine witnesses may be a reason for an appeal.
Appeal
268. The Code of Criminal Procedure guarantees to the accused the right to appeal to a higher court, and provides that the accused can appeal the judgment of the first trial to a High Court, if there exist reasons, such as errors in finding a facts, mistakes in the application of laws, legal proceedings which violated laws or an unreasonable sentence, which obviously have affected the judgment. The said Code also provides that the accused may appeal the judgment of the first or second trial rendered by a High Court to the Supreme Court, if there exist reasons, such as violation of the Constitution and breach of the judicial precedents set forth by the Supreme Court.
The Juvenile Law allows appeal of rulings of protective measures to a higher court, for the reasons of law violation, serious errors in finding facts or remarkably improper measures, and also allows reappeal of the decision to the Supreme Court, for the reasons of violation of the Constitution, breach of the judicial precedents set forth by the Supreme Court, etc.
Assistance of Interpretation
269. The Japanese language is used in Japanese courts. The Code of Criminal Procedure provides that in case a person or persons not versed in the Japanese language is required to make a statement in a criminal trial, an interpreter or interpreters shall be caused to interpret. In such case, the interpreter may demand travelling expenses, daily allowances and remuneration for interpreting from the court, and these expenses are paid by the Government. The Juvenile Law provides that a Family Court may order interpretation in cases involving juveniles and that the provisions of the Code of Criminal Procedure concerning interpretation shall be applied mutatis mutandis. Judicial precedents of the Supreme Court state that an interpreter or interpreters should be employed when making the accused depose in a trial and questioning witnesses, etc., as well as for the purpose of making the accused understand the content of the trial. In practice, interpreters are employed in all the courts in cases where the accused are not versed in Japanese language.
Respect for Privacy
270. The Code of Criminal Procedure provides that a criminal trial aims at clarifying the truth of the case and maintaining public welfare, guaranteeing fundamental human rights to the full. In case of juvenile trials, the procedure is not made public and certain restrictions are imposed on perusal and copying of records. Furthermore, the Juvenile Law forbids the carrying on newspaper or other publications such articles or photographs as contain the name, age, occupation, house, looks, etc. which may identify who has been brought to proceedings in the Family Court or prosecuted for an offense which he/she committed while he/she was a juvenile. Actually, the Family Court makes efforts to keep confidentiality in juvenile cases while considering the social demand for disclosure of information. For example, they try to avoid expressions which would identify the accused or the injured juvenile, and use brief and abstract expressions to describe the motive and details of crime to protect the juvenile's sentiments and not to obstruct his/her rehabilitation. Through these measures, the Family Court tries to respect the privacy of juveniles.
271. Those who are sent to Juvenile Classification Homes by remand decisions are placed in a neat and quiet environment. Immediately after entering the Home, they are placed in a solitary room if the situation allows. In case they share a room with other inmates, those who share the room are determined, with consideration for the personality, background, age, the number of entities, etc. Washrooms are divided into compartments for personal use. Clothing, bedding and other daily necessities are lent or supplied, but personal articles may also be used, so long as they do not disrupt the maintenance of discipline and order or pose hygienic problems in the institutions. Thus, efforts are being made to fully respect the personal lives of inmates.
272. Those who are detained in a house of detention are also treated with various kinds of consideration as those in Juvenile Classification Homes, and efforts are made to fully respect the personal lives of inmates.
Alternatives to Judicial Procedure
273. As for the measures after the juvenile procedure has begun, if it is considered that the measures provided in the Child Welfare Law should be taken, the case is sent to the prefectural governor or the director of Child Guidance Center under the provisions of the Juvenile Law. Then, the child in question is guided or sent to an institution.
274. In Japan, Article 31 of the Constitution stipulates for the general security of due process, stating that no person shall be deprived of life or liberty except according to procedure established by law. The Constitution further provides that no person shall be apprehended except upon warrant unless he is apprehended when the offence is being committed (Article 33), and establishes that no person shall be detained without being at once informed of the charges against him (Article 34). Based on these, the Code of Criminal Procedure stipulates procedures for: ordinary arrest, where a suspect may be arrested by a warrant issued by the judge in advance if there is reasonable cause enough to believe that he/she has committed a crime; arrest of person who is committing or has just committed an offence; and arrest without a warrant, which may be recognized in certain felonious cases on the grounds of urgency if the issuance of a warrant could not have been requested in advance, provided that there are sufficient reasons to believe that the person in question has committed a crime.
275. Especially with regard to the exercise of the power to arrest, the police try to avoid the physical restraint of juveniles (i.e. those between 14 and 19 years of age, subject to criminal liability) as much as possible in view of the standards for criminal investigation and the Guidelines for Police Activities on Juvenile Crimes. There are provisions stating that if, for the lack of alternatives, a juvenile must be arrested, brought to the police station, or escorted from one place to another, special consideration must be given to the time and procedures. The power to arrest a juvenile is exercised in consideration of the juvenile suspect's age, character, criminal records and circumstances of the crime.
276. Furthermore, special consideration is given to the character of juveniles under physical restraint in the investigation stage. In other words, no juvenile may be detained unless absolutely necessary; if he/she is to be detained, the Juvenile Classification Home may serve as a detention house, and detention and shelter care may be an alternative measure to detention. In juvenile protection proceedings, moreover, it is provided that the decision to send a juvenile to a Juvenile Classification Home shall be made by a Family Court, and that the term of protective detention shall not exceed 4 weeks. The decision may, however, be changed or canceled during the term.
277. In Japan, in cases where a juvenile is to be deprived of liberty, under the Juvenile Law for example, a juvenile suspect or an accused juvenile must be separated from other suspected or accused persons to minimize contact between them; in a detention center, a juvenile under 20 years of age must be separated from adults (who are 20 years or older); and for a juvenile who has been sentenced to penal servitude or imprisonment, the sentence must be enforced in a specially established prison or an exclusive division of a prison.
The police also pay special consideration for the detention of an arrested juvenile under the Guidelines for Police Activities on Juvenile Crimes. For instance, juveniles must be kept in custody separately from adult suspects, and the detention rooms for juveniles must be structurally separated from those of adult by partitions. In detention rooms, contact between juveniles and adults is avoided by separating the time of bathing, exercise and entering/exiting detention rooms.
278. As for the rights of a juvenile who is deprived of liberty to contact his family, refer to para.128.
279. The Code of Criminal Procedure guarantees the right to appoint a defense counsel for a suspect or an accused, and also the right to have an interview with a defense counsel for a suspect or an accused held in custody. Moreover, paragraph 1 of Article 10 of the Juvenile Law recognizes that a juvenile and his/her guardian has the right to appoint an attendant; in cases where the juvenile is deprived of liberty during the proceedings of a juvenile trial, he/she may designate an attendant and make contact with an attendant. In a Juvenile Classification Home, the juvenile is also permitted to meet an attendant or a lawyer who will be his/her attendant without an observer, not to mention that the right to meet his/her family is guaranteed.
280. The juvenile's right to challenge the legality of the deprivation of his/her liberty and to have a prompt decision is guaranteed by the measures referred to in para. 270. Moreover, under the Code of Criminal Procedure, any person who is dissatisfied with the decision on detention made by a judge or a court relating to detention may appeal, and also may reappeal against the ruling of the appellate court to the Supreme Court for the reasons of violation of the Constitution or incompatibility with the judicial precedents.
Incidentally, the right to appeal against a decision on detention and shelter care is not recognized because, unlike detention in criminal procedures, it is an interim measure that is considered to be essential for analysis of a juvenile, assuming that protective action is to be taken in the jurisdiction of the Family Court. Nonetheless, there are provisions for ex officio cancellation and modification even for the measures for detention and shelter care; in practice, a Family Court makes a prompt decision to deal with pleas for ex officio action to annul the measures. In content, similar rights are guaranteed thereby as against other forms of deprivation of liberty.
In addition to these, the Habeas Corpus Law stipulates that any person under physical restraint without due process may claim under the provisions of said Law.
281. Article 51 of the Juvenile Law of Japan provides that "in case a person who is under 18 years of age at the time of commission of an offense is to be punished with death penalty, he shall be sentenced to life imprisonment, and in case he is to be punished with the latter, he shall be sentenced to imprisonment with or without labor for not less than 10 years but not more than 15 years." In the case of a life term, if a person is under 20 years upon the announcement of a sentence, he shall be eligible for parole in 7 years, and if a person is 20 years or older, he shall be eligible for a parole in 10 years. According to our administration of justice concerning juveniles, no person under 18 years of age will receive a death penalty nor a penalty for a life term without a possibility of a release.
282. As means to ensure the physical and psychological recovery of abandoned or abused children, under the Child Welfare Law, such children are given temporary protection at Child Guidance Centers until they can be transferred to child welfare facilities or can return to their families. According to the individual situation of the child and family, such children may also be admitted to infant homes and protective institutions.
283. By clearly stating the matters concerning protection for a child victim in the official handbooks of the Juvenile Section in 1996, the police are to promote regular counseling activities through specialists for juvenile guidance and female police officers for juvenile guidance and assist activities in cooperation with guardians and any other person concerned, focusing on juvenile victims of crimes involving serious physical and psychological injury such as rape, forced obscenity and other sexual crimes and bullying.
284. With regard to runaway juveniles who could be in danger of death or injury or of becoming victims of welfare crime, the police is making much effort for swift identification by instituting a search at police stations throughout the country. As the number of runaway cases tends to increase at the time of the year when children become psychologically unstable (just before entering school or employment) and gain a greater sense of freedom (during the summer vacation). The police reinforces search and protection activities seasonally, especially targetting runaway juveniles.
In addition, in order to promote swift search and discovery of runaway persons, a system for supporting the discovery of runaway and missing persons is established, to be launched in 1997. Once the system starts operating, search and protection activities would accelerate, in other words, the police will be able to prevent the victimization of juvenile runaways and take measures to remedy their situation in life at an early stage.
The number of runaway juveniles detected and protected by the police in 1993/1994 is shown in Table 27 below.
(Table 27)
(Surveyed by the National Police Agency) |
285. Paragraph 9 of article 27 of the Constitution of Japan stipulates that "Children shall not be exploited." Moreover, the following laws protect children with regard to their labor.
286. The Labor Standards Law not only stipulates working conditions such as wages and working hours as indicated below, but also prohibits the employment of children for work recognized as dangerous and harmful to the safety, hygiene and welfare of the child. As for regulation of these labor standards, Labor Standards Inspection Offices are in charge of supervision and guidance to ensure the observance of the laws, while they are obliged to propagate the laws and regulations to employers. Furthermore, the Women's and Young Workers' Office of the Ministry of Labor conducts public relations activities. The board of education directs the principals of junior high schools to ensure that the standards for the permission of children's employment are generally understood by teachers, students and their guardians. Moreover, principals give instructions to forbid work if it is found to have negative effects on the student in terms of hie/her study and health.
(a) Minimum Age
Refer to para. 44.
(b) Working Hours
In Article 60 of the Labor Standards Law, it is stipulated that a person under 18 full years of age shall not be subject to provisions for exceptional cases involving modified working hour systems, overtime work, holiday work, working hours and rest. Furthermore, with regard to a child under 15 full years of age who may be employed with permission from administrative offices, the child shall not work more than 7 hours a day, with a total of 40 hours per week including study hours at schools.
(c) Employment Contract
Article 58 of the Labor Standards Law stipulates that the parent, guardian, or the administrative office may cancel the contract prospectively if they consider it disadvantageous to the minor.
(d) Wages
Article 59 of the Labor Standards Law provides that the minor may request wages independently, and the parent or guardian shall not receive the wages earned by the minor in place of the minor.
(e) Late-Night Work
Under Article 61 of the Labor Standards Law, as a general rule, late-night work (from 10pm to 5am) by persons under 18 full years of age is prohibited.
(f) Safety and Hygiene
Under Articles 62 and 63 of the Labor Standards Law, an employer is prohibited from allowing persons under 18 full years of age to engage in dangerous, harmful or underground work.
287. Furthermore, the Child Welfare Law protects children from harmful activities by banning an employer from allowing persons under 15 full years of age to engage in singing and performing on the street or other places or to work at a bar.
288. In addition to this, the Law on Control and Improvement of Amusement and Entertainment Businesses prohibits entertainment and amusement traders from "allowing persons under 18 years of age to engage in jobs involving meeting with guest or dancing with guests," and "allowing persons under 18 years of age to attend to guests from 10pm until sunrise." The law also prevents activities harmful to the sound growth of the juvenile by prohibiting the trader or entertainment-related business from "allowing persons under 18 years of age to engage in jobs involving meeting with guests in the place of business."
289. Regarding criminal offenses such as abuse, overwork, and other welfare offenses that harm the welfare of juveniles, the police utilizes the 23 laws with provisions against the aforementioned crimes, such as the Child Welfare Law, the Labor Standards Law, the Employment Security Law, the Prostitution Prevention Law, the Law on Control and Improvement of Amusement and Entertainment Businesses. Especially with regard to the protection of juveniles from harmful work, the police is conducting continuous regulation under the aforementioned the Labor Standards Law and the Law on Control and Improvement of Amusement and Entertainment Businesses and so on. It also carries out protective actions for juveniles who have been in harmful environments, such as dangerous work and sex industries. For those victimized juveniles, the police takes action to implement aftercare through consultation by female officers in order to reduce the physical damage and psychological trauma and to promote early recovery.
(Table 28: Number of Arrests of Welfare Offenders-Protection of Children from Harmful Environment)
| Classification | 1993 | 1994 | 1995 |
| Labor Standards Law | 496 | 411 | 330 |
| Law on Control and Improvement of Amusement and Entertainment Businesses | 953 | 1,110 | 1,068 |
(Table 29 : Penalties Under Main Provisions)
| Provisions | Penalty |
| *Minimum Age (Article 56 of Labor Standards Law) *Prohibition of underground work by persons under 18 full years of age (Article 63 of Labor Standards Law) |
:Penal servitude not exceeding 1 year or a fine not exceeding ¥500,000 |
| *Working Hours (Article 32 of Labor Standards Law) *Holidays (Article 35 of Labor Standards Law) *Prohibition of late-night work by persons under 18 full years of age (Article 61 of Labor Standards Law) *Regulation on dangerous/harmful work by persons under 18 full years of age (Article 62 of Labor Standards Law) |
:Penal servitude not exceeding 6 months or a fine not exceeding ¥300,000 |
| *Employment contract for minors (Article 58 of Labor Standards Law) |
:A fine not exceeding ¥300,000 |
| *Prohibition of making a child under 15 full years of age under to serve at a banquet (paragraph 1-5 of Article 34 of Child Welfare Law) |
:Penal servitude not exceeding 1 or a fine not exceeding ¥300,000 |
| *Prohibition of activities allowing persons under 18 years of age to attend to guests, become dance partners or engage in jobs involving meeting with from 10pm until sunrise (Paragraphs 2 and 3 of Article 22 of the Law on Control and Improvement of Amusement and Entertainment Businesses) | :Penal servitude not exceeding 6 months or a fine not exceeding ¥300,000 or a both |
290. Japan has concluded the Single Convention on Narcotic Drugs, 1961, an international treaty in the field of drug abuse, the Protocol Amending the Single Conventions, 1961, the Convention on Psychotropic Substances 1971, and the United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances, 1988. In addition to active efforts to prevent drug abuse and illicit trafficking at the international level, Japan is cooperating on law enforcement, demand reduction, chemical controls and alternative development programs with the United States of America, as the drug problem is identified as one of the items on the "Common Agenda," which was established as one of the pillars under the Japan-U.S. Framework Talks, with the aim of addressing transnational issues with joint efforts of the two nations.
291. In Japan, the Penal Code provides for crimes relating to smoking opium. Moreover, distribution of illicit narcotics, psychotropics and their raw materials for medical and/or scientific use, and illicit trafficking are regulated by 5 drug-related laws, namely the Narcotics and Psychotropics Control Law, Cannabis Control Law, Stimulants Control Law, Opium Law and Law Concerning Special Provisions for the Narcotics and Psychotropics Control Law, etc. and Other Matters for the Prevention of Activities Encouraging Illicit Conduct and Other Activities Involving Controlled Substances through International Cooperation (hereinafter called "Law on Special Provisions for Narcotics"), under which violators are penalized to prevent criminal offenses.
The Law on Special Cases for Narcotics was established in 1991 to criminalize money-laundering and other offences, to confiscate illicit gains, to promote international assistance and to ensure the controlled delivery of drugs, etc.
Moreover, 4 conventional drug-related laws were amended to regulate raw materials for narcotic drugs and psychotropic substances and to penalize persons committing drug-related crimes outside the country. These 5 drug-related laws were enforced in 1992 and the government is working to prevent the diffusion of drugs among children by the proper implementation of these laws and the effective regulation of drug crimes.
292. In reality, however, there is a high incidence of drug abuse and misconduct involving stimulants and cannabis. In addition to the drugs as defined in the international treaties, in Japan, delinquencies involving abuse of organic solvent such as paint thinner have also frequently occurred. The Japanese mafia are aggravating delinquency by smuggling drugs including paint thinner to juvenile drug abuser to acquire funds for their activities. In 1995, the number of juveniles guided and protected for abusing stimulants was 1,079; those for cannabis abuse totaled 189; those for paint thinner 5,456. The number of juveniles guided and protected for abusing stimulants set the highest mark since 1989.
(Table 28: Number of Juveniles Arrested for Drug Abuse) (1995)
(Source: Survey by the National Police Agency) *Note: L.S.: Lower Secondary School Students U.S.: Upper Secondary School Students |
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293. In response, the police are not only rounding up juvenile drug abusers and controlling illicit sales of drugs, but are also actively promoting programs to prevent drug abuse. In specific terms, they are (i) obstructing drug-trafficking routes in close cooperation with regulating agencies of foreign countries; (ii) blocking the drug supply by requesting dealers of paint thinner to impose control over sales; (iii) providing special instructions and advice to juvenile drug abusers through special counsel officers; (iv) teaching the harmfulness and dangerousness of drug abuse to juvenile drug abusers in care and custody to prevent the recurrence of misconduct; (v) holding "anti-drug abuse lessons" in local communities and at schools, and launching public relations activities through pamphlets, TVs, radios and other forms of media.
The police are also encouraging public relations activities through Prefectural Promoters for the Prevention of Stimulant Abuse, the Center for the Prevention of Cannabis and Stimulant Abuse and the Association for the Prevention of Crime, to a build society that does not allow drug abuse to take place. In particular, the police are launching public relations activities actively, visiting lower secondary schools in campaign cars to thoroughly prevent young persons from abusing drugs and to raise their awareness.
294. Furthermore, lower and upper secondary schools regularly give instructions for the prevention of drug abuse (including optiumand stimulants), in subject of health and physical education and special activities. The government guidelines for teaching, revised in 1989, also provide for health and physical education to focus on matters relating to drug abuse and health in view of the significance of the problem. The Government is working to consolidate instructions to children by preparing and distributing guidance materials to teachers and by raising teacher's awareness of the drug abuse problem through training courses for persons in charge of school health.
295. In Japan, children are protected from sexual exploitation and sexual abuse under the following laws.
(i) For the prevention of persuasion and coercion to perform unlawful sexual acts, the Child Welfare Law prohibits the act of inducing children to practice obscene acts, and the Penal Code provides that indecency through compulsion, rape, constructive compulsory indecency, constructive rape and inducement to illicit intercourse are subject to punishment.
(ii) For the prevention of exploitative employment in the sex industry, the Prostitution Prevention Law prohibits prostitution and provides for the punishment of those involved in procurement, prostitution through embarrassment, contract to make a person prostitute, furnishing of a place and business of making a person prostitute and furnishing of funds. Moreover, the Child Welfare Law prohibits the act of inducing children to practice obscene acts and punishes any person keeping a child in his/her custody with the aim of making the child perform such an act that has injurious effects on the child's mind and body.
(iii) For the prevention of exploitative employment of children in obscene performances and articles, the Penal Code stipulates for the punishment against such acts as public indecency and distribution of obscene literature, etc. The Child Welfare Law, which prescribes for punishment against the act of keeping a child in his/her custody with the aim of making the child perform such act that has injurious effects on the child's mind and body. For instance, the act of making children perform in a pornographic business or publication is subjected to punishment under this provision of the Child Welfare Law.
(iv) Furthermore, the Law on Control and Improvement of Amusement and Entertainment Businesses prohibits proprietors of attraction business showing nude persons for soliciting sexual curiosity from making persons under 18 years of age meet with guests in the place of business. Those who have violated the laws are subject to punishment thereunder.
(v) Moreover, prefectural ordinances concerning the protection and fostering of young persons (so-called Youth Protection Ordinance) provide for the prohibition of obscene and indecent acts against young persons, and are promulgated according to the actual situations of each region. The government also promotes, as appropriate domestic measures to deal with the issue, thorough regulation by the appropriate application and adjustment of said ordinances established by prefectures.
296. The police classify crimes that harm the welfare of children as "welfare crimes," including sexual exploitation and sexual abuse of children, and are engaging in continuous control. While protecting children in harmful environments (involved in dangerous work or sex business), female police officers for juveniles practice aftercare counseling to alleviate the physical and psychological injury inflicted upon victimized children and help them recover promptly. With regard to the children who are the victims of child welfare crimes, moreover, the Child Guidance Center gives counseling and education to the child and his/her family.
297. Furthermore, in some cases foreign children, mainly from Southeast Asian countries, are being employed for such harmful work, following the increasing number of in-coming foreigners in Japan. Since 1996, the Government has incorporated crimes of assisting illegal employment as referred to in Article 73-2 of the Immigration-Control and Refugee-Recognition Law in the category of "welfare crime" which injure the welfare of children, such as child abuse and exploitation. In this way, the police have also reinforced the activities for protection of foreign children.
(Table 31 :Welfare Offenders Arrested for Sexual Exploitation and Abuse )
(Number of Persons)
(Source: Survey by the National Police Agency) |
298. In recent years, there has been an increase in telephone clubs, two-shot dials and so on, that mediate, by using phone lines, the communication between unspecified men and women. There has been a high incidence of girls suffering from sexual damage as a result of making phone calls simply out of their curiosity. Therefore, the following measures are taken: (i) the reinforcement of control by the police over welfare crimes concerning the business of telephone clubs and various illegal activities caused by illegal advertisements; (ii) the enforcement of regulations under the Ordinances for a place of business and a place for card vending machines, and for soliciting activities toward the young people; (iii) as activities for better environments in the regions, requests to the concerned industries for self-imposed control of their business, activities for removal of card vending machines and advertisements in cooperation with related agencies, organizations and people in the communities, and public relations and educational activities. Moreover, the police also take measures to protect girls suffering from sexual injury.
299. Japan is also concerned about children throughout the world who are sent to sex industries and suffering from sexual damage as a result. Japan concluded the Convention for the Suppression of the Traffic in Persons and of the Exploitation of the Prostitution of Others, and Arrangement Relatif a la Repression de la Circulation des Publications Obscenes. The Penal Code stipulates that the law may be applied to serious crimes committed by Japanese nationals outside of the Japanese territory, with regard to indecency through compulsion, rape, constructive compulsory indecency, constructive rape, forced indecent act resulting in death or injury and solicitation to commit fornication. Moreover, with regard to crimes similar to these unlawful offenses, the government is giving assistance in investigation, judicial assistance, and information exchange with foreign countries.
300. Furthermore, in Japan, in order to prevent so-called sex tours by Japanese tourists in foreign countries, under the provisions of the Travel Agency Law, travel agents, their representatives, employees or other workers are prohibited from soliciting and providing services for the performance of acts prohibited by the laws in the places visited (paragraph 1- 3 of Article 13). If it is evident that a travel agent was involved in unsound activities of Japanese travelers, the name of said travel agent and details of involvement are made public. Moreover, the government provides guidance and education for enhancing sound overseas tours by Japanese travelers through the Association for Travel Agencies in Japan.
(Table 32: Penalties Under Main Provisions)
| Provisions of the laws (articles) | Penalty |
| *Indecency through compulsion (Article 176 of the Penal Code) *Constructive compulsory indecency (Article 178 of Penal Code) |
Penal servitude of 6 months or more but not exceeding 7 years |
| * Rape (Article 177 of Penal Code) * Constructive rape (Article 178 of Penal Code) |
Penal servitude for a definite term of 2 years or more |
| * Public Indecency (Article 174 of Penal Code) | Penal servitude not exceeding 6 months or a fine not exceeding ¥300,000, or custody or minor fine |
| *Distribution of obscene literature, etc. (Article 175 of the Penal Code) | Servitude not exceeding 2 years or a fine not exceeding ¥2,500,000 or minor |
| *Act of inducing children to practice obscene acts (Paragraph 1-6 of Article 34 of Child Welfare Law) | Penal servitude not exceeding 10 years or a fine not exceeding ¥500,000 |
| *Act of keeping a child under one's control or for purposes harmful to the child (Paragraph 1-9 of Article 34 of Child Welfare Law) | Penal servitude not exceeding 1 year or a fine not exceeding ¥300,000 |
| *Persuasion of prostitution (Article 5 of Prostitution Prevention Law) |
Penal servitude not exceeding 6 months or a fine not exceeding ¥10,000 |
| *Solicitation for prostitution (Article 6 of Prostitution Prevention Law) |
Penal servitude not exceeding years or a fine not exceeding ¥500,000 |
| *Prostitution through embarrassment (Article 7 of Prostitution Prevention Law) *Contracts for Prostitution (Article 10 of Prostitution Prevention Law) *Furnishing of a place for prostitution (Article 11 of Prostitution Prevention Law) |
Penal servitude not exceeding 3 years or a fine not exceeding ¥100,000 |
| *Business of making a person prostitute and (Article 12 of Prostitution Prevention Law) | Penal servitude not exceeding 1 year a fine not exceeding ¥300,000 |
301. Other than the aspects of work and sexuality, the Child Welfare Law prohibits activities considered to be harmful to children, including the exhibition of children, and imposes penalties against such offenses. Moreover, when child protection is necessary, the Child Guidance Center serves for the temporary protection of the child.
302. In Japan, under the law concerning the prevention of unlawful activities by members of gangster organizations, enforced on March 1, 1992, the following activities by members of organized crime designated by the prefectural public safety commission are prohibited: forced admission, prevention of deserting, and forcing a tattoo (included by a partial revision in 1993) against juveniles. The law also stipulates that the prefectural public safety commission can order the suspension of these forced activities. By applying these regulations, a suspension order to a gangster who had induced two 16 years old boys to join the organized crime group was enforced (October, 1995: Hokkaido); a suspension order to a gangster who had prevented a 17-year-old boy from withdrawing was enforced (October, 1995: Kanagawa). The protection of juveniles against the organized crime groups is attempted thereby.
303. The Penal Code provides for the punishment of anyone kidnapping by force or allurement a minor, and anyone involved in buying or selling another for the purpose of transporting him/her abroad or in transporting the kidnapped/sold person overseas. Moreover, the Child Welfare Law stipulates that the following activities are to be prohibited: acts transferring custody of a child to a person who is liable to violate any of the penal laws and regulations, knowing such facts, or acts transferring custody of such a child to any other person, knowing that the child will be handed over to others for such purposes (Paragraph 1-7 of Article 34 of the Child Welfare Law). The Child Welfare Law stipulates that offenders who have violated the aforementioned regulations are to be punished; In this way, the law prevents the handing over of a child to a person who is in danger of engaging in abduction, purchase and sale, and trading. The number of persons convicted during the ten years between 1984 and 1994, pursuant to paragraph 1-7 of Article 34 of the Child Welfare Law, totaled 263.
304. Furthermore, children are protected from illegal transport to the outside of the country by ensuring just control of immigration and emigration based on the Immigration-Control and Refugees-Recognition Law.
305. In addition, Japan concluded the Convention for the Suppression of the Traffic in Persons and of the Exportation of the Prostitution of Others, with regard to purchase and sale of a person for the purpose of prostitution, we are to have a system enabling judicial cooperation and exchange of information between members of the Convention against violating activities noted in the Convention.
306. The Constitution of Japan prohibits discrimination based on race, etc. It also guarantees freedom of expression, thought, conscience and religion. Therefore, with regard to all children who belong to an ethnic minority or an indigenous group referred to in Article 30 of the Convention, as a citizen whose equality under the Constitution is guaranteed, the right to have their own culture, to practice their own religion, or to use their own language is guaranteed.