NGO Report on the Convention on the Right of the Child

Additional Information from NGOs
for the Concluding Observationsin the light of the dialogue between
the Committee and the delegation of Japan

Committee for NGO Reporting on the CRC (JAPAN)
Secretariat: General Research Institute of the Convention on the Right of the child
General Research Institute of the Convention on the Right of the child
Tel& Fax: (+81 3) 3203 4355

E-mail: npo_crc@nifty.com

2-6-1 Midorigaoka Meguro-ku Tokyo 152-0034 JAPAN
Chief Secretary: Shigeto ARAMAKI (aramaki@ygu.ac.jp)
National Coordinator: Ayako OKOCHI (momomodoki@mtf.biglobe.ne.jp)
International Coordinator: Yuji HIRANO (yujihirano@nifty.com)

June 2010

Third report on the Convention on the Rights of the ChildThe Committee for NGO Reporting on the Convention on the Rights of the Child(Japan) would like to express our sincere appreciation for the Committee’s work concerning
the consideration of the reports of Japan on the Convention and its Optional Protocols.
The present report has been prepared by the NGO representatives who observed themeetings, with a view to contributing to the preparation and adoption of the concluding
observations by pointing out the problems in the answers of the delegation of Japan and theremaining challenges.
While the present report does not repeat the information and recommendations
contained in our previous reports as well as the issues taken up in the previous concluding
observations, in order to make it as short and precise as possible, it does not mean that otherissues are not important or relevant. The Committee may wish to, and indeed should, repeat
and elaborate most of the previous recommendations, which have largely been ignored by theGovernment (see Table of Achievements on second CO, annexed to our Additional Information[May 2010]).

General measures of implementation
Legislation
While the Ministry of Foreign Affairs did not deny the possibility of adopting acomprehensive law on the rights of the child in the future, the Government has no intention
to consider about it at present, as was expressly stated by the Cabinet Office. Although the
Act on Promotion of Development and Support for Children and Young People refers to theConvention and its general principles, it cannot function as a fundamental law on the rightsof the child (see our Additional Information [May 2010] on Question 2, pp.6-7).
The Committee may also wish to express concern about the amendments to theFundamental Law on Education in December 2005, which went against the Committee’s
previous recommendation concerning a rights-based approach (see our Revised Summary 7-3.

Amendments to the Fundamental Law on Education goes against the purposes and provisionsof the Convention). It will serve as a justification of the recommendation for the adoption of a
Fundamental Law on the Rights of the Child, along with the amendments to the Juvenile
Law as well as the reluctance among judges to invoke the Convention in court rulings.
Child poverty
As was made clear through the dialogue, the Government does not havecomprehensive policy or targets to address child poverty. A rights-based approach should also
be applied to measures to deal with the issue as part of comprehensive strategies for therights of the child. The Committee may wish to recommend specific surveys on children
affected by poverty, covering those who are not in the scope of the existing assistant schemes(e.g. children who give up non-compulsory education due to poverty), which should be inform2

the relevant policies and measures (see our Additional Information [May 2010], p.27)
Cooperation with civil society
The Government did not make it clear that it had never heard from NGOs in theprocess of preparing the initial reports on two Optional Protocols. While the delegation spoke
about sporadic cooperation with civil society, including four hearings from NGOs for the
preparation of the third periodic report on the Convention, such cooperation is far frompermanent and systematic, as was admitted by the delegation with regard to lack of suchcooperation in the relevant legislative processes.
Dissemination and training
Although the Government responded that it has made efforts for the dissemination ofand training on the Convention or the rights of the child in different areas (see the written
replies to Question 4), most of them address human rights (treaties) in general, not focusing
on the Convention itself or the rights of the child. In addition, the Government has neverundertaken the evaluation of “the impact of awareness-raising campaigns, training andeducation programmes on attitudinal change, behaviour and the treatment of children”,
recommended by the Committee in the previous concluding observations (para.21(c)).
International assistance
The Government should improve accountability in the policy-making processes forthe realization of the rights of the child, in particular in the decision-making process andbodies concerning official development assistance (ODA), by actively expanding the roles ofNGOs working for the promotion of children’s rights. For this purpose, the Government
should undertake comprehensive review of the relevant budgets and schemes for the
involvement of NGOs.

Definitions of the childWith regard to the difference of the minimum age for marriage between boys (18) andgirls (16), the delegation explained that the draft amendments to the Civil Code would besubmitted to the present session of the Diet. This is most unlikely, since the present session of
the Diet will come to an end on 16 June, and there is almost no possibility that theamendments be adopted even if they are indeed submitted.

General principles
Discrimination against children born out of wedlock
Although the delegation explained that the draft amendments to the Civil Codewould be submitted to the present session of the Diet, with a view to eliminating
discrimination against children born out of wedlock in the field of inheritance, this is mostunlikely as has been mentioned above.
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Furthermore, the Government has made little effort to change the public attitude
against children born out of wedlock, contrary to the explanations made in the written replies
to Question 8. Rather, it has justified the legal discrimination (“distinction”) by referring to
the public polls reflecting discriminatory attitudes among the public against children born outof wedlock.
With regard to privacy of children born out of wedlock, the representative of the
Ministry of Justice referred to the amendments to the Enforcement Regulations of the Family
Registration Law in 2004 (see para.219 of the Government report). The Government has,
however, maintained the position that the status of children born out of wedlock should berecorded in the family register “in an obvious manner that can be easily understood”. Thus
the status of paternal recognition is recorded on the family register, making it possible forthose who look into it to know whether or not a person is a child born out of wedlock. Similarly,
children born out of wedlock should make their status open in the notification of marriage,
because it is required to register the relationship with their parents.
Discrimination against Korean children
The explanations provided by the Ministry of Education cannot be justifications to
exclude Korean schools from the high school tuitions waiver scheme, since they have beensocially recognized as educational institutions comparable to average Japanese schools. The
Government should also ensure adequate funding of Korean schools, by providing Statesubsidies and applying the same tax privileges to the donors to Korean schools, and recognize
the diplomas of Korean schools as the university entrance qualifications.
In addition, the Committee may wish to recommend more decisive and effective
measures to eliminate incidents of verbal and physical violence against Korean schoolchildren,
following the recommendations by the CERD Committee in March 2010 (see the written
replies to Question 8).
Discrimination against other disadvantaged children
In addition to the groups listed in the previous concluding observations, theCommittee may wish to refer to children living in poverty, especially children in single-motherhouseholds, LGBT (lesbian, gay, bisexual and transgender) children and children in Okinawa
who are disproportionately affected by the presence of the US military bases.
With regard to migrant children, the Committee is also referred to the press releaseby Mr. Jorge A. Bustamante, Special Rapporteur on the rights of migrants, published on 31
March 2010 (http://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=9951&LangID=E ).
Best interests of the child
The delegation responded that the principle of the best interests of the child isreflected in the Child Welfare Law, which is not accurate. The Law was adopted in 1947, andthe concept of the best interests of the child has not been incorporated expressly in the Law or4other relevant legislation as a legal principle (see our Additional Information [May 2010] on
Question 9, p.13).
In addition, the Government did not provide answers to the Committee’s Question 9on the application of the principle in decisions in immigration and refugee cases. In manycases, especially when they concern undocumented immigrants, the framework of theimmigration control system is usually given a priority over the best interests of the childconcerned. In this regard, the Committee is referred to the Noriko Calderon case (see our

Revised Summary 5-1. Separation of Child from Parents against the Best Interest of theChild; and A/HRC/11/8/Add.1, pp.23-28).
Respect for the views of the child and child participation
Unfortunately, sufficient attention was not paid to respect for the views of the childand child participation, which is among the most important challenges in the protection andpromotion of children’s rights in Japan, in the consideration of the third periodic report ofJapan. The previous recommendations in this regard have hardly been implemented,
illustrating that children are not regarded as subjects of rights in Japan.
In this regard, the Government explains that children “can participate indecision-making processes” through class/homeroom activities and student body activities(written replies to Question 15). Such participation is limited to the activities of children
themselves and is never intended to affect the administration of schools. The Committee isalso referred to the Government’s restrictive understanding of Article 12: “Aspects such as theformulation of school regulations and organization of curricula do not personally involve
individual children and are not considered to be subject to the right [under Art.12]” (para.205of the Government report).

Civil rights and freedoms
Corporal punishment
Although corporal punishment at school is prohibited by law, as has been explainedby the Government, it is widely used in practice. The Government has not implemented theCommittee’s recommendations in its initial and second concluding observations. In fact, theMinistry of Education issued a notice in February 2007 and virtually tolerated some forms ofcorporal punishment, stating that the school authorities and teachers can exercise physicalforce for disciplinary purposes, which may be permitted as being different from corporalpunishment prohibited by law (see our Revised Summary 4-5. Measures against violence atschools are going against the Convention rather than just being insufficient ).
Corporal punishment at home is not explicitly prohibited by law, although thedelegation attempted to make it vague. Measures have not been taken to implement theCommittee’s previous recommendations concerning public education campaigns and thepromotion of positive, non-violent forms of discipline.
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Family environment and alternative careChildren in poverty in single-mother households
While the extension of the child-rearing allowance to single-father households (thewritten replies to Question 12, page 11) is a positive development, children in single-motherhouseholds are more likely to be living in poverty (66.4%) compared to those in single-father
households (18.8%). It is obvious that the feminization of poverty greatly affects children of
single mothers, 84.5% of whom are employed but earn less. Comprehensive support for single
mothers is required in the fields of employment, child-rearing, housing and income, alongwith support for children in single-mother households to escape poverty.
Day-care
Although the capacity of day-care centers has been increased, there are still some
20,000 children who are waiting to be admitted into day-care centers, especially in urban
areas. The number of day-care centers should urgently be increased, while ensuring theconditions conducive to children’s development at the same time.
Children in social care
In spite of the delegation’s explanation concerning foster care, the overwhelming
majority of children in alternative care are placed in residential institutions (see the chart
shown in the written replies, p.23). While an increasing number of children are separated
from their parents due to the development of protective measures in the field of child abuse
and neglect, sufficient measures have not been taken to secure the interests of children living
in residential institutions, including the improvement of their living conditions and thequantitative and qualitative aspects of the staffing.
Although the exercise of disciplinary powers in institutions has been restricted, casesof corporal punishment or child abuse continue to occur because sufficient measures have notbeen taken to prevent such cases, including through the establishment and introduction of
independent ombudspersons for children in institutions. The materials to inform them of
their rights and complaint procedures, generally called Children’s Rights Notebook, areprepared and distributed only in a half of the municipalities, reflecting the inadequate natureof the efforts made by the central government.
Children guidance centers
While some members of the Committee appeared to have some misunderstandings
about the roles of the Child Guidance Centers, they have played important functions toprotect children from abuse, neglect and other forms of maltreatment, which can be comparedto the functions of child protective agencies/services in other countries. One of the challenges
faced by the centers is insufficient allocation of financial and human resources in spite of theincreasing workload of the expert staff, especially in urban areas.
6Basic health and welfare
Children with disabilities
While the delegation explained that local boards of education hear from theguardians before deciding in which school children with disabilities should be enrolled, thisdoes not mean that the guardians’ views are respected. In addition, it is not easy for theguardians to choose regular schools, because the Government does not make budgetary
allocations for reasonable accommodations to include children with disabilities in regularclasses/schools and, consequently, the guardians are often forced to accompany and support
their children at school (see our Additional Information [May 2010], pp.31-33).
Furthermore, the measures introduced since 2007 to support children with
developmental disabilities have led to the increase of the number of children segregated from
regular education.

Education, leisure and cultural activities
Competitive nature of education
Although the delegation referred to the amendments to the Course of Study as ameasure to ameliorate the competitive nature of education (see also the written replies to
Question 15), the excessively competitive nature of entrance examinations remains the same.
The educational reform has widened discrepancies among high schools, especially between
elitist schools and other schools, making the competition fiercer among children who wish to
go to high-level schools.
Furthermore, it is not the case that all the students who so wish are admitted intohigh school, even if there are more places because of the decrease in the number of children,
contrary to the explanations by the delegation. In fact, the reorganization of high schools(upper secondary schools) has been in progress in many areas of the country along with thedecrease in the number of children, which has led to the closure of night schools as well as
small schools in depopulated areas. Consequently, it has become harder for children who
cannot feel comfortable in general schools (victims of bullying, school refusing children or
children with disabilities) to find schools fit for their needs and wishes.
Other problems in the field of education
Other problems in the field of education, pointed out in the Committee’s previous
concluding observations as well as our NGO reports, have not been resolved. A rights-based
approach is particularly lacking in this field. The low level of public expenditure on education(3.4% of GDP) and the hard working conditions of the teachers have made it difficult toprotect and promote children’s rights in education (see, for example, our Revised Summary

7-4. Development of educational condition falls behind the needs of children, Worsening
working condition of teachers/staff).
In addition, the Government has been insistent on taking measures aimed bringing
school refusing children back to school without listening to their voices, reflected in the7Declaration on the Rights of School Refusing Children , for example (see our Revised
Summary Annex 1). It is necessary to recognize alternative and right-based forms ofeducation (See our Revised Summary 7-8. Measures against non-attendance persist in

bringing children back to schools and 7-9. Alternative Forms of Education Should Be
Recognized as a Way to Ensure the Right to Education in an Appropriate Manner; ourAdditional Information [May 2010], pp.18-19).

Special protection measures
Sexual abuse and exploitation
Many gaps remain in the penal legislation in this field, including the narrow
definition of rape as an act of penetration committed by a male against a female as well as
non-criminalization of incest. Sexual abuse by teachers and others in the position of authority
often goes unpunished. The ratification of the Council of Europe Convention on the Protectionof Children against Sexual Exploitation and Sexual Abuse, encouraged by different membersof the Committee, will contribute to the improvement in this field.
Children belonging to sexual minorities (lesbian, gay, bisexual and transgender) also
face difficulties, including different forms of discrimination as well as lack of sexuality
education tailored to their needs (see our Additional Information [May 2010], p.28).
Juvenile Justice
As we have pointed out in our NGO reports, including our Additional Information[May 2010] (pp.34-36), the amendments to the Juvenile Law on three occasions have led toincompatibility with the Convention (deprivation of liberty, judicial action against children
below the age of 14, etc.), weakened the welfare functions of the family court and otherinstitutions and contributed to tougher responses to children in conflict with the law. The
responses of the delegation, however, revealed that the Government has hardly considered
about these problems, illustrating that their understanding of juvenile crime/delinquency aswell as the relevant international standards is very problematic.
The Government should be recommended, therefore, to undertake legislative reform, in
accordance with the Convention, the Riyadh Guidelines, the Beijing Rules and other international standards
as well as the original philosophies of the Juvenile Law, on the basis of scientific research undertaken in
and outside the country. It is imperative, in particular, to get the Juvenile Law back to the status before theseries of amendments and to disseminate the philosophies and sprits of the Convention and the Juvenile
Law among the public.
Follow-up to the concluding observations
In order to prevent non-implementation of the third concluding observations of theCommittee, the Committee should recommend the establishment of institutionalarrangements for systematic follow-up to the Committee’s recommendations, involving theDiet, the Government and the NGOs concerned.
8Initial report on the Optional Protocol on the Sale of Children, Child
Prostitution and Child Pornography
General measures of implementation
The Government should be encouraged, in particular:(a) to consider ratification of the Council of Europe Convention on the Protection of Children
against Sexual Exploitation and Sexual Abuse;(b) to establish effective structures for collaboration with civil society in the implementationof the comprehensive national plan of action against child pornography and othermeasures; and,(c) to pass the amendments to the Act on Child Prostitution and Child Pornography, whichhave been on agenda for a long time.
Treatment of victims
Although the delegation explained that prostitutes themselves are not punished forthe involvement in prostitution, this does not apply if they solicit customers in public (Art.5 of
the Prostitution Prevention Law).
In addition, children may be punished in accordance with the provisions of the Act onChild Prostitution and Child Pornography, for example, if they solicit customers (Art.6) or ifthey provide child pornography of their own (Art.7), because they are not exempted from
criminal sanctions. This is also the case under the Online Dating Sites Regulation Act (see our

Revised Summary 8A-2. Victims of Sexual Exploitation Are Treated as “Delinquents” ). They
may be treated as status offenders as well.

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