(a) Information on family composition, ensured respect for parental responsibilities, and instructions and guidance given by parents
165. See Paragraphs 111-113 in the Initial Report of Japan
(b) Family counseling about child rights, educational programs for parents, educational activities for parents, and training programs for relevant specialist groups
166. Staff offer counseling and assistance services about child-rearing as
specialists of child welfare at Child Guidance Centers, Welfare Offices
(Family and Children's Guidance Room), Children and Families Supporting
Center, Child Care Support Center.
In 1998, a guidebook entitled "You're O.K. As You Are," which signifies
an important point for child rearing, was distributed to families with
babies to help them raise children.
167. 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 Bureaus and District Legal Affairs Bureaus nationwide.
168. See Paragraph 44-52 of this report for specialist training.
(c) Respect for the guiding principles of the Convention such as non-discrimination and respect for the best interests of the child. Progress and problems in implementing Article 5
169. See Paragraph 91-94.
(Legal considerations of parental responsibilities)
170. Article 6 of the Basic Law for a Gender-equal Society as enacted in 1999 provides 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)
171. The School Education Law provides that parents shall be obligated to have a child under their protection receive 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 comes after the day following his/her 6th birthday to the end of the school year to which his/her 12th birthday belongs. They also shall be obligated to have them receive general education at junior high school, lower secondary school or lower secondary schools for children with visual, hearing and physical impairments, from the beginning of the first school year which comes after the day following the day of completion of the elementary education to the end of the school year to which his/her 15th birthday belongs.
(Assistance to persons in parental authority)
172. As mentioned in Paragraph 36, Child Allowance, Child-rearing
Allowance, and Special Child-rearing Allowance are provided to support
persons with parental authorities.
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 necessary aid
to guardians whose child of school age can not attend school for financial
reasons (Articles 25 and 40 of the School Education Law), so that compulsory
education can be implemented smoothly. The government also helps promote the
smooth implementation of compulsory education by providing necessary aid to
municipalities which encourages 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 applicable to non-Japanese children.
(Facilities for Child Protection and Their Improvement)
173. Facilities for child protection and their improvement
(1) 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 raise them in a homely environment as much as possible. The Ministry of Health, Labor and Welfare recognizes the foster parent program as a very important system to raise children in a family environment with love and understanding for their sound growth, and thus makes efforts to promote it.
(2) To promote commissioning children to foster parents and find new foster
parents, the Ministry provides financial aid to relevant projects such as
training provided by municipalities and exchange events between foster
parents (with no child commissioned) and children held by the National
Foster Parent Association. In 1999, it also started to provide financial aid
to support and advice services for foster parents at Children's Homes.
In August 1999, a new procedure was announced in view of social changes
including the increased number of double income families, so that families
with both spouses working can be commissioned a child as foster parents
using Day-care Centers.
(3) In the fiscal year 2000, regional small-scale Children's Homes (occupant capacity: 6 children) were established to encourage social independence of children by building favorable relationships with local communities and caring for children in a homey environment.
(4) Revision of the Minimum Standards for Child Welfare Facilities in 1998 increased the per-capita room area of a Children's Home from 2.47 m2 to 3.3m2. The standard area for allocating government subsidies to facility construction or improvement by local municipalities and social welfare juridical persons also increased from 23.5m2 per child to 25.9 m2 (Room area per child increased to 9.0m2, greatly exceeding the minimum standard) under the FY 2000 budget.
(Progress and problems in implementing Article 18, and future goals)
174. The "Opinion Survey on Gender-equal Society" conducted by the Prime
Minister's Office showed that the percentage of response that men should get
involved actively in raising, disciplining and educating children increased
from 38.7% in 1993 to 44.4% in 2000.
More and more people think it desirable that men as well as women
partake in housekeeping and community activities and balance work and family
life. The perception toward the 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 established
in 2000.
(a) Ensuring that a child shall not be separated from his or her parents as provided in paragraph 1 of Article 9
175. See Paragraphs 123-124 in the Initial Report of Japan.
(b) Ensuring that all interested parties shall be given an opportunity to participate in the proceedings (Domestic Relations Determination)
176. See Paragraphs 126-127 in the Initial Report of Japan.
(Measures by Child Guidance Centers)
177. Article 27, Paragraph 8 provides that the intention of a child and his/her guardian (s) should be heard when a Child Guidance Center takes or stops measures in relation to the child based on the Child Welfare Law.
(c) 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 either or both of his/her parents on a regular basis
178. In cases where the father and the mother of a minor are divorced, the
matters relating to whether a right of visitation to a parent who has no
custody of the minor should be granted or not and in what way the visitation
should be conducted will be dealt with in accordance with the first sentence
of paragraph 1 of Article 766 of the Civil Code as one of the necessary
arrangements related to the custody of a child proscribed therein. The
matters related to the custody of a child is determined by consultations
between parents. When parents can not consult or failed to reach an
agreement through such consultation, these matters are determined by a
Family Court (Paragraph 1). The Family Court may change the determination
and order other applicable treatment (Paragraph 2).
It is understood that these provisions shall be administered for the
interests of the child (See paragraph 2).
179. Meetings and correspondence between a juvenile detained in a
correctional institution and his/her family members are as described in
paragraph 128 of the Initial Report of Japan. Further details are as
follows:
In a Juvenile Classification Home, a juvenile is permitted to meet
family members unless it is in violation of discipline of the Home (Articles
38 and 40 of the Juvenile Classification Home Treatment Regulations). Home
staff is present at the meeting to watch if it does not harm detention and
classification (Article 39, Paragraph 1 the Regulations), but the juvenile
may meet without anybody present if it is deemed necessary (Article 39,
Paragraph 2 of the Regulations).
In a Juvenile Training School, permission for meetings and correspondence
must be granted unless it is deemed obstructive to correctional education
(Articles 52 and 55 of the Juvenile Training School Treatment Regulations).
Since meeting with guardian (s) is important for the juvenile to overcome
his/her own problems and smoothly return to society, When the proper
opportunities for meeting are deemed necessary for correctional education of
the juvenile, the superintendent makes efforts to encourage his/her family
to correspond or meet the juvenile (Article 56 of the Regulations). Meetings
shall be arranged at an appropriate place (Article 53 of the Regulations),
and accordingly 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
use a family dormitory where parents can stay to meet the child.
To make the meeting beneficial to a juvenile, School staff is present at
the meeting (Article 54 of the Regulations). Staff members with special
knowledge, with due respect for his/her rights to privacy, give careful
consideration to making the meeting a beneficial opportunity to provide
family counseling, improve the environment surrounding the juvenile, and
make a life plan after his/her release.
A juvenile in a penal institution is permitted meetings and
correspondence with their relatives (Articles 45 and 46 of the Prison Law).
The permitted number of meetings and correspondence for prisoners with labor
and prisoners without labor is once a month and once every 15 days
respectively (Texts of Articles 123 and 129 of the Prison Law Enforcement
Regulations). However, prisoners with labor who are entitled to
progressive treatment may be permitted more meetings and correspondence
along with his/her grade (Article 63 of the Ordinance for Prisoners'
Progressive Treatment). When it is deemed necessary for educational
purposes, the warden may further increase the number (Article 66 of the
Ordinance for Prisoners' Progressive Treatment). Furthermore, for those
under 20 years old, the warden may increase the number if appropriate, with
the degree deemed necessary for educational purposes being as standard, and
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 (Article 126
of the Regulations), during the operating hours (Article 122 of the
Regulations), and within 30 minutes (Article 121 of the Regulations).
However, these limitation may be relaxed when the warden deems it necessary
(Article 124 of the Regulations).
180. In an immigration center, a minor who needs protection or care shall
be housed in the same room with his/her parent. Careful consideration is
given so that even a minor who is not housed in the same room with his/her
parent may have opportunities to meet him/her parent.
In the center, maximum freedom is guaranteed in so far as it does not pose
a threat to the security of the center (Article 61-7 of the Immigration
Control and Refugee Recognition Act), and meetings and correspondence are
basically allowed (Articles 34 and 37 of the Detainee Treatment Regulation).
Thus, the right of a child separated from either or both of his/her parents
to maintain personal relations with either or both of his/her parents is
ensured.
(d) Ensuring the provision of information about the whereabouts of the absent members(s) of the family
181. See Paragraph 129 of the Initial Report of Japan
(e) Progress and problems in implementing Article 9, and relevant information about arrest, imprisonment, deportation, repatriation, and death
182. (1) If inquiries are made as to whether a specific foreigner is detained in an immigration center by his/her family through the diplomatic establishment of his/her nationality in Japan, the inquiries are responded to after investigation.
(2) Upon the death of a foreigner under detention in a center, his/her family or a personal living with him/her is promptly informed of the date of death, name of disease and the cause of death through the diplomatic establishment of his/her nationality in Japan.
(3) If inquiries are made as to whether a specific foreigner has been deported or not by his/her family through the diplomatic establishment of his/her nationality in Japan, the inquires are responded by informing his/her destination, time/date of deportation and the flight number of the airplane when the investigation has identified the person.
(Ensuring family reunification)
183. See Paragraphs 130-132 of the Initial Report of Japan.
(Application for entering a State for the purpose of family reunification)
184. As provided in the Immigration Control and Refugee Recognition Act, the application for entering Japan for the purpose of visiting his/her family living in Japan by a foreigner is handled in proper ways in accordance with the provisions of Article 10, Paragraph 1 of the Convention.
(Ensuring the rights of the child whose parents reside in different States)
185. See Paragraphs 131 and 132 in the Initial Report of Japan.
(Ensuring the respect for rights of the child and his/her parent (s) to enter or leave a State, and Restriction of the right to leave it)
186. See Paragraphs 131 and 132 of the Initial Report of Japan.
(Progress and problems in implementing Article 10)
187. 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.
(Illicit transfer of children abroad)
188. To prevent illicit transfer of children abroad, Article 8, Paragraph 2 of the Law for Punishing Acts Related to Child Prostitution and Child Pornography, and for Protecting Children provides that "Japanese transferring a child in a foreign country who is kidnapped, abducted and traded out of that country" shall be punished.
189. See Paragraph 135 of the Initial Report of Japan for a case in which a child's parents or other persons having financial responsibility for the child live in Japan and the child is to recover maintenance in Japan. The number of recommendations by the Family Courts to meet financial obligations as settled in 2000 was 12,726, out of which 7,556 cases were settled with 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.
190. See Paragraphs 136 and 137 for a case in which a child's parents or other persons having financial responsibility for the child live in a different country and the child is to recover maintenance in Japan.
191. In providing an alternative to a family environment for a child who
needs special assistance, care and protection such as an abused child, it is
important to take care of him/her in a homey environment as much as
possible. The foster-family system is recognized as a very important system
in taking care of a child (who is not blessed with home nurturing) in a
family with love and understanding as well as in promoting the sound growth
of the child, and thus the Government promotes its spread.
In fiscal year 2000, regional small-scale Children's Homes (occupant
capacity: 6 children) were established to encourage social independence of
children by building favorable relationship with local communities and
raising children in a homey environment.
The Ministry of Health, Labor and Welfare provides financial aid to
relevant projects such as training provided by prefectures and exchange
events between foster parents (with no child commissioned) and children held
by the National Foster Parent Association. From fiscal year 1999, it has
provided financial aid to projects relating support and advice services for
foster parents at Children's Homes.
In August 1999, a new procedure was announced in view of social changes
including the increased number of double income families, so that families
with both spouses working can be commissioned a child as foster parents
using Day Care Centers.
(a) Ensuring that the utmost consideration is given to the child's best interest in arranging adoption
192. See Paragraph 109.
As for ordinary adoption, ex post facto remedies are guaranteed with the
provision of dissolution by agreement (Article 811 of the Civil Code),
dissolution by judgement (Article 814) and courts determination on
forfeiture of the parental power (Article 834) and, for special adoption,
with the provision of courts determination on forfeiture of the parental
power (Article 834) and dissolution (Article 817-10). Dissolution by courts
determination is allowed only if substantial injury is inflicted upon the
interests of the adopted child such as abuse by adoptive parents, his/her
natural parents are capable of taking reasonable care of the child, and when
it is deemed necessary for the interest of adopted child.
193. The superintendent of a Child Guidance Center recommends that those who intend to become an adoptive parent to take care of a child to be adopted for at least more than 6 months as a foster parent.
(b) Inter-country Adoption
(Inter-country adoption as an alternative means in cases where a child can not be taken care of in his/her country)
194. 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
(1) Adoption of Foreign Children by Japanese Nationals
As for substantial requirements for making an adoption effective,
Japanese law serves as the applicable law and the Civil Code of Japan is
applied. If the law of the country of foreign adoptive child provides
requirements for the protection of adopted child (e.g. approval/consent of
the adopted child or a third party, permission from public authorities, and
other procedures), these requirements need to be satisfied as well. (Article
20, Paragraph 1 of the Law concerning Application of Laws in General)
Thus, in ordinary adoption, the Family Court facilitates the welfare of a
child by considering the child care situation in the country of the foreign
minor to be adopted in granting permission for adoption. In special
adoption, the child care situation in the country of the child to be adopted
is taken into consideration, since the court ruling for adoption is made
only when it is deemed especially 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 which is granted in the case of the national adoption.
(2) Adoption of Japanese Children by Foreign Nationals
As for substantial requirements for making an adoption effective, the
laws of the country of the foreign adoptive parents are applicable.
Nonetheless, requirements for the protection of children under the
provisions of the Civil Code of Japan also need to be satisfied in that
event (Article 20, Paragraph 1 of the Law concerning Application of Laws in
General). Therefore, both in ordinary and special adoptions, as noted in (1)
above, child care 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 the national adoption.
(Improper financial gain)
195. As for measures to ensure the sufficient protection of the child's rights in cases of inter-country adoption, the Child Welfare Law prohibits acting as a child-rearing intermediary for profit making purposes, and anyone who violates the provisions is subject to punishment under the Law.
(Measures to ensure that the adoption of Japanese children by foreign nationals is conducted by competent authorities or organizations)
Statistical data on children involved in inter-country adoption
| Year | Filings for adoption | Ordinary adoption | Special adoption | |
| Total Filings at all Family Courts | 1996 | 412 | 382 | 30 |
| 1997 | 426 | 403 | 23 | |
| 1998 | 479 | 450 | 29 | |
| 1999 | 472 | 446 | 26 | |
| 2000 | 534 | 500 | 34 |
Notes:
* Inter-country adoption is defined as an adoption where all or any of the
applicant, other party, principal party, and person intervening are
foreigners.
* The above figures show the number of filings for adoption from January to
December of each year. Ordinary adoption and special adoption are
separately recorded according to the nature of a request.
* Figures after year 2001 are not available.
(Correctional institutions)
196. As systems which periodically review circumstances relevant to the
placement of juveniles in a Juvenile Training School and a Juvenile Prison,
there exist a system of release on parole from prison for a juvenile
detained in a Juvenile Prison as a prisoner with or without labor and a
system of release on parole from a Juvenile Training School. These systems
intend to help a juvenile rehabilitate and return smoothly to society.
Authority to determine whether to permit release on parole from
Juvenile Prisons or Juvenile Training Schools (hereinafter referred to as
"release on parole") lies in the eight Regional Parole Boards nationwide.
The Boards have panels consisting of three Board members and begin to
discuss release on parole upon the request of the head of a correctional
institution followed by the deliberation by assigned Board member
(hereinafter referred as to "Assigned Board member"). The Assigned Board
member, in principle, interviews an inmate him/herself and deliberates the
appropriateness of release on parole, parole period, and special conditions
to observe during the parole period, and consequently whether to approve
release on parole shall be determined by panel's decision based on the
deliberation findings. The head of a correctional institution is required
to examine for application of release on parole (Article 17 of the Ordinance
for Parole and Probation), and the examination shall be completed by the day
when release on parole can be permitted legally. The review of examination
is required at least every six months (Article 19 of the Ordinance), based
on which the appropriateness of the application is reviewed periodically. In
this examination, external cooperators, external specialists of psychiatry
and psychology, judges, and prosecutors are asked to give opinions (Article
18 of the Ordinance) to ensure that the examination will be conducted
properly.
(Child Welfare Institutions)
197. Article 46 of the Child Welfare Law provides for the authority of
administrative agencies to inquire and inspect in order to maintain the
Minimum Standards for Child Welfare Facilities, and under this article,
Article 12, Paragraph 2 of the Ordinance for the Enforcement of the Child
Welfare Law requires the governor to conduct a field inspection more than
once a year.
Revisions of the Child Welfare Law in 1997 include the following
conditions, which are also subject to inspection:
(1) The prefectures shall hear a child's view in taking measures to house the child in institutions
(2) The prefectures (or authorized Child Guidance Centers) shall hear opinions of the Prefectural Child Council with legal and medical experts involved when the intention of a child or his/her guardian (s) is not concurrent with such measures when determining the placement.
(a) Legislative and administrative measures pursuant to Article 19.
198. See Paragraphs 107-110 of the Initial Report of Japan.
(The Child Abuse Prevention Law)
199. In May 2000, "the Child Abuse Prevention Law" was enacted with the aim
of promoting measures against child abuse, and it was enforced on November
20 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.
The police recognize that child abuse is a serious problem that could
severely affect a child in the critical period of personality formation. 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 measures
and they enhance their efforts with the aim of preventing a child from
starting problematic behavior, by helping his/her psychological recovery
from abuse.
Specifically, the police have been making efforts to handle this
problem properly by considering the following points, under the "Child Abuse
Prevention Law": (i) early identification of child abuse and reporting, (
ii) proper assistance to spot inspection by the superintendent of a Child
Guidance Center, (iii) proper handling of abuse as a crime and support for
an abused child, (iv) enhancement of the system and stepped-up association
with relevant organizations, and (v) sufficient guidance and education for
Child Guidance Center staff.
The Law imposes the obligation to make efforts to identify child abuse
early on those who are in a potion to identify child abuse relatively
easily, or school teachers and stuff, juvenile welfare institution stuff,
doctors, public health nurses, lawyers and others involved in child welfare
through business. The Ministry of Education, Culture, Sports, Science and
Technology has disseminated theobligation
to communities of school and social education.
(The Child Welfare Law)
200. Under the Child Welfare Law, if a guardian abuses his/her child, conspicuously neglects the child, or if the child's welfare is conspicuously injured by placing him/her under the care and custody of the guardian, and if the guardian disagrees with the measure taken by a prefectural governor, that is, commissioning to foster parents or vocational guidance parents or placing the child to child welfare facility, the governor may take such measure with the Family Court's approval.
(The Civil Code)
201. The Civil Code of Japan stipulates that a Family Court may adjudicate the forfeiture of the parental power when he/she 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 the position guardian.
(Procedures for Complaints)
202. When a child is abused, a Child Guidance Center helps the child not only upon his/her complaint but also on the information from his/her neighbors and acquaintances, and persons engaged in welfare, education, public health and medical services.
(Procedures for Intervention by Authorities)
203. Child Guidance Centers 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 interest of the child.
(Educational and other measures to promote positive discipline, care and treatment of a child which accompany no violence)
204. See Paragraph 161-163.
(Public Relations and Educational Campaigns)
205. See Paragraphs 91 and 93.
In addition, to contribute to child abuse prevention and child
protection, the Government conducts Public relations and educational
activities on such topics 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" via TV, radio,
newspapers, magazines, posters, and leaflets.
(b) Information about Article 19, Paragraph 2 of the Convention
(Social programs to provide necessary support for the child)
206. When an abused child who is to be sent to a Children's Home has severe
trauma and needs psychotherapy, professional staff provide psychotherapy to
deal with the child in a proper way for his/her mental conditions.
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)
207. See Paragraph 205.
Pursuant to the objectives of the Child Abuse Prevention Law, the
police organization-wide try to focus on early identification of child
abuse, and police officers try to promptly notify identified child abuse to
child guidance centers. The police also have been strengthening substantial
and effective association with child guidance centers, public health
institutions, schools, and private groups and organizations engaged in
victim assistance.
The Child Abuse Prevention Law provides that if deemed necessary, a
police officer is required to render assistance if deemed necessary when the
head of a Child Guidance Center checks the safety of a child, in providing
provide temporary protection and conducting spot inspection. When required
to do so, the police try to provide proper assistance to a particular
incident to prevent abusive acts and fully ensure the protection of an
abused child.
Furthermore, together with the Ministry of Health, Labor and Welfare
and the Ministry of Justice, the police from part of the councils on the
administration of the Child Abuse Prevention Law and the Law for Punishing
Acts Related to Child Prostitution and Child Pornography, and for 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)
208. Article 25 of the Child Welfare Law and Article 6 of the Child Abuse Prevention Law provide that those who identify child abuse shall notify Child Guidance Centers. Article 5 of the Child Abuse Prevention Law provides that those involved in child welfare on business, such as school teachers and staff, child welfare facility staff, doctors, and (public) health nurses, shall try to identify child abuse at an early stage.
(Confidential hot line, and advice/counseling services to child victims of violence and abuse)
209. The police prepare environments in which children feel free to
willingly ask for help by distributing and publicizing leaflets with
information on telephone numbers of counseling service for juveniles and
Young Telephone Corners.
The Ministry of Justice established the "Victims' Hot Line" at District
Public Prosecutors Offices nationwide as a special telephone line for
consultation and inquiries made by victims, and the human rights organs set
up the "Counseling Rooms for Children" and "Children's Rights Dial 110" and
give advice to children to facilitate early identification and solution of
the infringement on children's rights.
As for Child Guidance Centers established by each prefectures, every
central child guidance center equipped with temporary protection facilities
is prepared to give advice for urgent situations at night or on holidays and
some of those centers establish a system of 24 hour telephone consultation
services, thus the Centers are able to respond to children's request for
consultations. The "Urban In-Home Family Support Scheme" offered at
Children's Homes in urban areas and the Children and Families Supporting
Center offer 24-hour consultation services.
(Special training provided to relevant specialists)
210. Given the recent increase of case of consultation relating to child abuse, training programs are provided to 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 Centers has been increased and staff specialized in psychiatry are assigned at Children's Homes.
(c) Ensuring the recovery and social reintegration of child victims
211. See Paragraph 191.
The police provide continued support related to child victims'
psychology and environment in while they are placed by adjusting the
environments surrounding abused children including families in a way that
helps them recover and by providing proper advice, guidance and counseling,
since children, who are still immature both mentally and physically, are
susceptible to much severer psychological damage when they become victims of
crimes than adults and their subsequent sound growth may be adversely
affected.
Prefectural police established Juvenile Support Centers to improve the
environments surrounding abused children. At these centers juvenile guidance
officials and counseling specialists play a central role in giving permanent
support in both psychological and environmental aspects by improving the
environments surrounding abused children and providing proper advice and
guidance with cooperation of local volunteers such as "Child Victim
Counseling Advisors" and "Child Victim Supporters."
(d) Progress and problems in implementing Articles 19 and 39 of the Convention
(Educational activities)
212. The human rights organs of the Ministry of Justice have considered
child abuse as a serious human rights issue can not be ignored, and make
rigorous efforts to tackle the problem through various educational
activities to eliminate child abuse.
To facilitate early identification and solution of child abuse,
"Volunteers for Children's Rights Protection" are designated from among
Human Rights Volunteers to exclusively deal with problems affecting
children's rights.
Furthermore, if a specific child abuse case is detected, the organs not
only endeavor to protect the child victim from the abuse in cooperation with
relevant authorities, mainly Child Guidance Centers, but also investigate
the incident as a case of human rights infringement and take appropriate
measures.
(Judicial precedents)
213. 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)
214. Statistical data about child abuse is calculated by using the number
of requests for consultations received at Child Guidance Centers nationwide
since 1990. The statistics show a yearly increase, with a rapid increase
from 6,932 cases in 1998 to 11,631 cases in 1999.
Under these circumstances, the Child Abuse Prevention Law was enforced
in November 2000, to facilitate early identification and solution of child
abuse and proper protection of abused children.
The number of consultation requested at the counseling service for
juvenile of the police in 2000 amounted to 1,342 cases, a 150% increase from
the previous year and a 520% increase from 1996. In 2000 the number of abuse
cases cleared by the police in 2000 reached 186 and that of arresters up
208, 66 (55.0%) and up 78 (60.0%) from the previous year respectively. Out
of the 190 abused children 44 children died.
The number of consultations on child abuse at the police
| Year | 1996 | 1997 | 1998 | 1999 | 2000 |
| No. of case | 257 | 511 | 413 | 924 | 1342 |
Status of cases of arrest classified by the type of crimes (2000)
| Type of act | No. of cleared case of arrest | Ratio (%) | Change from the case of previous year |
| Homicide (incl. attempt) | 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 (Incl. injury) | 15 | 8.1 | +3 |
| Indecent assault (Incl. injury) | 9 | 4.8 | +6 |
| Violation of the Child Welfare Law | 1.7 | 9.1 | +5 |
| Violation of Regulations on Delinquency Prevention and Youth Development | 3 | 1.6 | -4 |
| Abandonment by a person responsible for protective custody or care (Incl. death) | 1.3 | 7.0 | -7 |
| Gross negligence (to injury) (Incl. death) | 2 | 11.1 | -2 |
| Total | 186 | +66 |