NGO Report on the Convention on the Right of the Child(Japan)Additional Information from NGOsin the light of the developments since thesubmission of the NGO report as well as thewritten replies of the Government of Japan
January 2019

Committee for NGO Reporting on the CRC (JAPAN)
Secretariat
General Research Institute on the Convention on the Right of the ChildNGO with Special Consultative Status with UN ECOSOC
Tel& Fax: (+81 3) 3203 4355
E-mail: npo_crc@nifty.com
Midorigaoka 2-6-1 Meguro-ku Tokyo 152-0034 JAPANContact Persons
ARAMAKI Shigeto (aramaki@ygu.ac.jp)
HIRANO (KAMORI) Yuji (yujihirano@nifty.com)

Special Consultative Status with the Economic and Social Council of the United Nations
General Research Institute on the Convention on the Rights of the Child
ADD: Midorigaoka 2-6-1 Meguro-ku, TOKYO 152-0034, Japan
Tel & Fax: 81-3-3203-4355
E-mail: npo_crc@nifty.com
HP: http://npocrc.org/

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Table of Contents

Introduction ................................................................................................................ 5
Positive Aspects .......................................................................................................... 5
Major Cross-Cutting Issues Affecting Children’s Rights ........................................ 6
A. Sufficient Attention Has Not Been Paid to Children’s Rights in Responses
to the Great East Japan Earthquake and the Accidents at the Fukushima
Nuclear Power Plants ............................................................................................ 6
B. Sufficient Measures Have Not Been Taken to Deal with Child Poverty.......... 6
I. General Measures of Implementation .................................................................. 6(1) The Limited Impact of the Revised Child Welfare Act Indicates theNecessity of the Adoption of a Comprehensive Law on the Rights of the Child.................................................................................................................................. 6(2) Need to Adopt Comprehensive Rights-Based Policies on Children andCorresponding Coordinating Bodies ..................................................................... 7(3) The Government Is Still Reluctant to Establish Independent Mechanisms
to Monitor and Protec Human Rights / Children’s Rights.................................. 7(4) Other Issues That Should Be Taken Up in This Cluster .............................. 8
II．Definition of the Child......................................................................................... 9(1) The Juvenile Act Should Continue to Be Applied to Those below the Age of
20 ............................................................................................................................. 9(2) Need to Raise the Age of Sexual Consent and to Expand the Scope of
Punishment against Sexual Acts Taking Advantage of Trust and Influence . 10
III．General Principles ........................................................................................... 11(1) Discrimination against Different Categories of Children and the Need to
Adopt Comprehensive Anti-Discrimination Legislation ................................... 11(2) Progress and Remaining Challenges in the Elimination of Discrimination
against Children Born Out of Wedlock............................................................... 12(3) Children of Korean Schools Continue to Be Subject to Discrimination ..... 12(4) Sufficient Attention Is Not Paid to the Best Interests of the Child in
Immigration Procedures ...................................................................................... 14(5) Adequate Support Should Be Provided to Children Still Affected by theGreat East Japan Earthquake and the Fukushima Nuclear Accidents for
Their Life, Survival and Development ............................................................... 14(6) Concentration of US Military Bases Continues to Violate Rights ofChildren in Okinawa, Including the Right to Life, Survival, Development ... 15(7) Other Issues That Should Be Taken Up in This Cluster ............................ 16
IV．Civil Rights and Freedoms .............................................................................. 19(1) The Imposition of the National Flag and Anthem Threatens Children’s
2Freedom of Thought and Conscience.................................................................. 19(2) Contents and Ways of Development School Rules Should Be
Comprehensively Reviewed................................................................................. 19(3) Other Issues That Should Be Taken Up in This Cluster ............................ 20
V．Violence against Children ................................................................................. 21(1) Proactive Measures Are Needed to Change Tolerant Attitude to Corporal
Punishment........................................................................................................... 21(2) Challenges in the Reinforcement of Measures against Child Abuse in
Response to Death of a Child as a Result of Abuse ........................................... 21(3) Newly Emerged Issue of Sexual and Other Forms of Peer Violence inChildren’s Homes Should Be Effectively Addressed ......................................... 22(4) Comprehensive Approach is Needed to Prevent School Violence, Including
Bullying, Corporal Punishment and Sexual Harassment ................................ 23
VI．Family Environment and Alternative Care ................................................... 25(1) Positive Aspects of the New Visions of Alternative Care (2017) and
Challenges in Its Implementation ...................................................................... 25(2) Comprehensive Review Should Be Conducted about the Organization of
Temporary Protection and Judicial Involvement Be Strengthened in
Separation of Children from Their Parents and Subsequent Family
Reunification (When Possible) ............................................................................ 25(3) Adoption System, Including Special Adoption, Should Be Further
Reviewed from the Children’s Rights Perspective............................................. 26(4) Pregnant Teens and Teenage Mothers Should Have the Right to Learn andComprehensive Support Should Be Provided for Young Parents and Their
Children ................................................................................................................ 26
VII．Disability, Basic Health and Welfare ............................................................ 28(1) “Special Needs Education” Does Not Sufficiently Reflect the Philosophy of
Inclusive Education.............................................................................................. 28(2) Interference by Public Figures Continues to Hinder Reproductive Health
Education .............................................................................................................. 29(3) A Rights-Based Approach Should Be Fully Applied to Climate Change
Mitigation/Adaptation Policies in the Preparation for Recurrent Disasters
Caused by Heavy Rainfall ................................................................................... 30(4) The Need to Reinforce Measures against Child Poverty and to Prevent
Retrogression in the Provision of Public Assistance.......................................... 30(3) Other Issues That Should Be Taken Up in This Cluster ............................ 32
VIII．Education, Leisure and Cultural Activities ................................................ 33(1) Reconstruction from the Great East Japan Earthquake and the
Fukushima Nuclear Accidents Is Still Underway ............................................. 33(2) The Extremely Competitive Nature of the School Environment Has
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Worsened ............................................................................................................... 35(3) State Interference with Education Should Be Stopped............................... 36(4) The Fact that Teachers Have Become Busier and Its Impact on Education................................................................................................................................ 36(5) Protection of the Rights of Children of Foreign Origin to Education Is
Inadequate ............................................................................................................ 37(6) Other Issues That Should Be Taken Up in This Cluster ............................ 39
IX. Special Protection Measures / Optional Protocols........................................... 41(1) Separation of Children from Their Parents as a Result of Detention andDeportation of Parents in Irregular Situations ................................................. 41(2) The Juvenile Justice System Should Be Reconstructed in Accordance with
the Convention and the Relevant International Standards ............................. 42(3) OPSC: Children Are Continued to Be at Risk of Sexual and Other Forms of
Exploitation........................................................................................................... 43
List of Annex............................................................................................................. 46
Annex 1: Society for Abolishing the Family Registration System andDiscriminations against Children Born out of Wedlock (AFRDC) –Discrimination against Children Born Out of Wedlock .................................... 46
Annex 2: Human Rights Association of Korean Residents in Japan (HURAK)– Extract of Concluding Observations by International Human Rights
Bodies, relating to the Issues of Korean Schools ............................................... 46
Annex 3: Status of Children in Okinawa ........................................................... 46
Annex 4: Save the Children Japan – Corporal Punishment ............................ 46
Annex 5: Solidarity Network with Migrants Japan (SMJ) and Hurights Osaka– Migrant Children .............................................................................................. 46
Annex 6: Children & Law 21 – Juvenile Justice ............................................... 46

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Introduction
The present Additional Information was prepared to complement our
NGO report, Implementation of the CRC in Japan: Perspectives of NGOs on the
Fourth and Fifth Periodic Report of Japan, which was prepared and submitted
to the CRC Committee by the Committee for NGO Reporting on the CRC(JAPAN) in October 2017, in the light of the list of issues issued by the CRC
Committee (February 2018) concerning the 4th and 5th periodic report of Japan
as well as the written replies to it by the Government of Japan (made public in
English on 27 November 2018, except the Annex III, and in Japanese on 17
December 2018).
In the meantime, major NGOs in Japan had exchanges of views inadvance of the preparation of the Government’s written replies with someministries, including the Ministry of Foreign Affairs, the Ministry of Health,Labour and Welfare, the Ministry of Justice, the Ministry of Education andScience and the Cabinet Office. Although the open attitude on the part of theGovernment to the dialogue with civil society, it is unfortunate that the written
replies do not adequately answer the Committee’s questions on many points,
which makes it difficult to present an appropriate picture of the reality ofchildren living in Japan (as was the case for the State Party’s report itself).
The present Additional Information is intended to contribute to moreconstructive and effective dialogue between the CRC Committee and thedelegation of Japan, including by pointing out major problems in the
Government’s written replies as well as covering the new developments after thesubmission of our NGO report to the extent possible.
Positive Aspects
The positive measures taken by Japan since the previous considerationby the CRC Committee include the following:(a) The amendments to the Child Welfare Act in 2016, which incorporated thereferences to the Convention and some of its principles;(b) The amendments to the Civil Code in June 2018, which made the minimum
age of marriage the same for both boys and girls (18 years of age) andscheduled to come into force in April 2022;(c) The amendments to the Civil Code in 2013, which eliminated thediscrimination against children born out of wedlock in terms of inheritance;(d) The adoption of a series of pieces of anti-discrimination legislation in termsof persons with disabilities, hate speech against persons of foreign origin
and Buraku discrimination;(e) Responses to violence against children, including awareness-raising
activities by the Ministry of Health, Labour and Welfare as well as
5participation of global initiatives;(f) The amendments to the Penal Code in 2017 with regard to sexual violenceagainst children;(g) The formulation of the New Visions of Alternative Care in 2017; and,(h) The adoption of the Act on Securing Opportunities for Education Equivalent
to Formal Education at the Compulsory Level in 2017.
Major Cross-Cutting Issues Affecting Children’s Rights
A. Sufficient Attention Has Not Been Paid to Children’s Rights in Responses to theGreat East Japan Earthquake and the Accidents at the Fukushima Nuclear Power
PlantsSee III-(5) and VIII-(1) of the present Additional Information.
B. Sufficient Measures Have Not Been Taken to Deal with Child Poverty
See VII-(4) of the present Additional Information.
I. General Measures of Implementation(1) The Limited Impact of the Revised Child Welfare Act Indicates the Necessity of
the Adoption of a Comprehensive Law on the Rights of the ChildAs is indicated in our NGO Report (I-1), while the amendments to theChild Welfare Act in 2016 was a positive step, the impact of the amendments isstill limited to the field of child welfare (see the Government’s written replies,
paras. 8-9), in spite of the provision of Article 3 of the revised act, which statesthat “[t]he provisions of the preceding two Articles [Articles 1 and 2] constitutethe basic philosophy to guarantee children's welfare and this philosophy shall beconsistently respected in enforcing all laws and regulations on children”. The
Act on Promotion of Development and Support for Children and Young People
and other pieces of legislation, indicated in the Government’s written replies(paras. 3-4), are not intended to implement the principles and provisions of theConvention in a comprehensive manner.
The problems raised in our NGO Report and the present Additional
Information clearly indicate that the principles and provisions of the Convention
are not adequately incorporated in legislation, policy-making andadministrative practices in all field. Due to the lack of national legislation
covering the rights of the child in a comprehensive manner, national courts haveremained very reluctant to apply the principles and provisions of the Convention(see NGO Report I-2).

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(2) Need to Adopt Comprehensive Rights-Based Policies on Children andCorresponding Coordinating Bodies
As is indicated in our NGO Report (I-3), the Outline for the Promotion of
Development and Support for Children and Young People (2016) is not acomprehensive national plan of action based on the rights of the child, and there
is no mechanisms for the comprehensive coordination of the measuresconcerning the Convention and children’s rights from a rights-based perspective.
While the Government plans to organize a panel of experts for the evaluation of
the implementation of the Outline, sufficient measures have not been taken tosystematically listen to and reflect the views of children and young people
themselves as well as civil society organizations working for their rights in thedevelopment, implementation and review of this kind of policies.
(3) The Government Is Still Reluctant to Establish Independent Mechanisms to
Monitor and Protec Human Rights / Children’s Rights
With regard to the establishment of independent national human rights
institutions, the Government has consistently replied that it is being “discussed”(Government’s Written Replies, para 11) to other human rights treaty bodies,receiving repeated criticism to the effect that until when the Government willcontinue to “discuss” the matter. After Japan went through the third UPR(universal periodic review) in November 2017, a recommendation was issued toJapan to establish “an independent national human rights institution andanother institution to advocate the rights of the child” (para. 161.48 of theReport of the Working Group on the Universal Periodic Review on Japan); while
the Government promised to follow up the former part of the recommendation, it
refused to do so with regard to its latter part by stating, “Although Japan
continues its efforts to ensure children’s rights, Japan currently does not haveany plans to establish “another institution to advocate the rights of the child”.
Given the fact that ombudspersons for children or equivalent bodies have been
set up in more than 30 municipalities (as of September 2018), the Government
should not exclude the possibility of establishing a separate body to advocate therights of the child from the outset.
On the other hand, the Ministry of Health, Labour and Welfare started
the initiative to develop “mechanisms to advocate the rights [of the child] bymaking the use of prefectural child welfare councils”, which is a step forward,
although it is limited to the field of child welfare. The Ministry should makeefforts to develop effective mechanisms, including by referring to the CRC
Committee’s General Comment No. 2.

7(4) Other Issues That Should Be Taken Up in This Cluster
In addition to the above, the Committee is expected to take up, among
others, the issues concerning the allocation of resources, including humanresources (e.g. NGO Report I-5), and the dissemination of the Convention and
the Committee’s recommendations (NGO Report I-8).

Table of Contents of Our NGO Report
I-1. A Comprehensive Law on the Rights of the Child Needs to Be Adopted
I-2. Courts Are Still Reluctant to Apply the Convention, Which Demonstrates the Needto Accept the Communication ProceduresI-3. A Rights-Based Approach Is Lacking in Policy-Making and Institutional Basis
Remains Inadequate
I-4. The Government Demonstrates Its Lack of Good Faith to the Committee by
Continuing Not to Provide Important Data in SPR
I-5. The Best Interests of the Child Are Not Fully Considered in the Budgeting Process
I-6. Protection and Promotion of Children’s Rights in the Business Sector
I-7. It Is Necessary to Increase Budget Allocations and to Adopt a Child Rights-BasedApproach in the Field of ODA
I-8. The Convention and the Committee’s Concluding Observations Have Not Been
Disseminated Adequately in Qualitative and Quantitative Terms

Recommendations
1. The Government should initiate a comprehensive review of the legislationon the basis of a rights-based approach as well as the enactment of a
Fundamental Law on the Rights of the Child (tentative title), which is to be
the foundation of the comprehensive promotion and protection of children’s
rights.
2. The Government should formulate a comprehensive rights-based national
plan of action for children of all ages, including specific targets, timeframe
as well as indicators and procedures for evaluation, ensuring fullparticipation of children and civil society. For this purpose, the “child rights
impact assessment” procedures should be introduced as well.
3. On the basis of the above-mentioned plan of action, the Government should
establish a policy coordination body represented by all the public authorities
involved in the implementation of the Convention as well as representativesof civil society and NGOs concerned.
4. In line with the repeated recommendations by human rights treaty bodies,
the Government should promptly move to establish an independent
national human rights institution in accordance with the Paris Principles,
along with measures to support existing local ombudspersons for children or8equivalent bodies and to promote the establishment of such bodies in themunicipalities that have not yet done so. In developing mechanisms to
advocate the rights [of the child] by making the use of prefectural childwelfare councils, effort should be made to make the mechanisms more
effective, including in terms of their independence, adequate powers tolisten to children and to conduct inquiries and child-friendly access, in thelight the Paris Principles and the Committee’s General Comment No. 2.

(See also the recommendations in our NGO report.)
II．Definition of the Child(1) The Juvenile Act Should Continue to Be Applied to Those below the Age of 20
As is reported in the Government’s written replies (para. 129), theamendments to the Civil Code in June 2018 lowered the age of majority from 20
to 18 and the minimum age of marriage were set at 18 for both boys and girls.
(These provisions are to come into force in April 2022.)
While the age of the application of the Juvenile Act is an issue separate
from the issues concerning the age of majority or the minimum age of marriage,
the amendments to the Civil Code heightened the possibility that the upper age
limit of the application of the Juvenile Act be lowered to 18 years of age. The
issue is currently under discussion at the Working Group on the Juvenile Act
and the Penal Legislation (with regard to the age of the juvenile and thetreatment of criminals), established under the Legislative Council of the
Ministry of Justice. The Government (the Ministry of Justice) has sought to leadthe discussion on the premise that those who are 18 and 19 years of age should
be excluded from the application of the Juvenile Act, and it is likely that the
proposal will be made to that effect in the near future.
As is pointed out in our NGO Report (II-1), however, it is appropriate toapply the Juvenile Act, which is based on the principle of protection, to young
people who are 18 or 19 years old; the exclusion of this age group from thecoverage of the Juvenile Act will have very negative impact on theadministration of juvenile justice in Japan. The proportion of the juveniles inthis age group who are subject to the family court hearings under the Juvenile
Act is 31% of all the juvenile cases and, in the majority of these cases, protective
measures are taken. The majority of those who are in juvenile training schools
belong to this age group and the treatment there has been highly effective inpromoting their rehabilitation. If they are excluded from the scope of theJuvenile Act, they will lose the benefit of special measures for theirrehabilitation; the choices left for them will be either harsh punishment or
non-interference, which is likely to give adverse impact on the prevention of9youth crime. For more information, see Annex to the present Additional
Information concerning Juvenile Justice (prepared by Children & Law 21).
(2) Need to Raise the Age of Sexual Consent and to Expand the Scope of
Punishment against Sexual Acts Taking Advantage of Trust and Influence
As is pointed out in our NGO Report (II-1), the explanation in the State
Party’s Report concerning the age of sexual consent, which is 13 (para. 28), is notaccurate. On the positive side, the amendments to the Penal Code in 2017
expanded the definition of the offense of rape and eliminated differential
treatment on the basis of gender; in addition, sexual intercourse and other forms
of indecent act against children by persons having their custody are now
criminalized under Article 179, reinforcing protection of children from certain
forms of sexual abuse (see the Government’s written replies, para. 128). Under
the newly introduced provisions, sexual intercourse and other forms of indecent
act against a person below the age of 18 will be punished, irrespective of his or
her consent, if these acts have been conducted by taking advantage of theinfluence as a custodian over the victim. Perpetrators of such sexual abuse
include teachers, sport coaches and others, however; nevertheless, if theperpetrator is not a custodian of the child, it is necessary to establish the lack ofconsent of the victim in order to prosecute the perpetrator, as is the case in othersexual offenses. Victims of sexual abuse by those other than custodians willcontinue to face difficulties in establishing that they did not give consent.

Table of Contents of Our NGO ReportII-1. The Upper Age for the Application of the Juvenile Act Should Not Be Lowered,
While the Age of Consent Should Be Raised

Recommendations
1. In the light of the Committee’s General Comment No. 10 (para. 38), theupper age for the application of the Juvenile Act (20 years of age) should bemaintained, since there is no need to lower the setting of the age, whose
purposes are different from those of the voting scheme.
2. The Government and the Diet should amend the Criminal Code further,with a view to raising the age of sexual consent to an appropriate level andto criminalizing the involvement in sexual conduct with those under 18
years of age by taking advantage of the influence over children, whether theperpetrator is the custodian of the child or in other positions (including
teachers and sports coaches).

10III．General Principles(1) Discrimination against Different Categories of Children and the Need to Adopt
Comprehensive Anti-Discrimination Legislation
The Government states, in its written replies (para. 24), “anydiscriminatory treatment is already prohibited by the constitution, existing laws
and regulations and the operation thereof. Therefore, the GOJ does not thinkthat it is necessary to adopt a specific comprehensive anti-discrimination law”.
The scope of the legislative acts referred to in the written replies (paras. 17-20)
are limited, however; discrimination on many grounds is not explicitly andeffectively prohibited. Discrimination on the basis of disability is now specificallyprohibited under the Act Concerning the Promotion of the Elimination ofDiscrimination on the Basis of Disability, which was adopted to comply with the
UN Convention on the Rights of Persons with Disabilities and came into force inApril 2016. Problems remain, however, particularly in the following fields.
 There is no legislation specifically prohibiting racial and ethnic
discrimination. As is pointed out in our NGO Report (III-A-1), an official
survey found that a lot of foreign residents in Japan have experienced
discrimination. The anti-hate speech law (the Act on the Promotion ofEfforts to Eliminate Unfair Discriminatory Speech and Behavior against
Persons Originating from Outside Japan), which came into force in June
2016, does not explicitly prohibit hate speech against persons affiliated in
one or other ways with foreign countries and its impact is limited. (As is
explained in the Government’s written replies, para. 22, hate speech is
criminally sanctioned only when it is directed to “a specific individual ororganization”.)
 The Act on the Promotion of the Elimination of Buraku Discrimination,
which came into force in December 2016, does not specifically and effectively
prohibit discrimination of Buraku people (who have historically been
discriminated against on the basis of their inherited social status), although
it has significance as the law of principles against discrimination.
 Although discussion has been underway concerning the legislation for theelimination of discrimination against LGBTI persons, the prospect of the
adoption of such legislation is unclear at this stage. While major opposition
parties have called for the explicit prohibition of discrimination on the basisof sexual orientation and gender identity, the ruling parties have indicatedthe intention to limit the scope of such legislation to “the promotion ofunderstanding” about LGBTI persons. (See also our NGO Report, III-A-5.)
 In December 2018, the Government released the outline of the Bill
concerning the Promotion of Measures to Realize a Society Where the Pride11

of the Ainu People Is Respected. According to the reports by the Hokkaido
Shimbun, the Bill explicitly recognize the Ainu as an indigenous people inJapan; provides for the promotion of the transmission of the Ainu culture
and of the regional development through the utilization of the Ainu culture;and declares that discrimination and other forms of human rights violations
on the ground of being an Ainu person are prohibited. This is a step forward,
and the Government and the Diet should ensure the adoption of the Bill andmove forward to the development of more effective legislation to prohibit
such discrimination. (See also our NGO Report, III-A-6.)
As such, the explanations in the Government’s written replies do notdescribe the actual situation, and the Government’s argument that “it is [not]necessary to adopt a specific comprehensive anti-discrimination law” is not
persuasive.
(2) Progress and Remaining Challenges in the Elimination of Discrimination against
Children Born Out of Wedlock
As is reported in our NGO Report (III-A-3), the discriminatory provision
against children born out of wedlock in terms of inheritance was removed fromthe Civil Code in December 2013. Although five years have passed since then,there still remain other provisions and arrangements that are discriminatory
against children born out of wedlock. It is still necessary to make it clear
whether the child is “legitimate” or “not legitimate” in the “Relationship to the
Parent(s)” column of the birth notification form and the family register(respectively under Article 49 (2)(i) and Article 13 (iv) of the Family Registration
Act). During the relevant court proceedings and at the exchange of opinions with
the Ministry of Justice before the abolishment of the inheritance discrimination,
the Government had argued that these forms of different treatment cannot beabolished because the right to inheritance is different between legitimate
children and illegitimate children”. In spite of the repeal of the discriminatory
provision concerning inheritance, other forms of institutional discrimination
against children born out of wedlock have not been reviewed with a view toabolishing them. These forms of discrimination have been challenged in court
but the Supreme Court has not accepted the plaintiffs’ claims. There are persons
born out of wedlock who have been forced to feel that they do not deserve to live;
it is necessary to review and abolish the legal provisions and arrangements thatare discriminatory against them, in order to free them from such plight. (Formore information, see Annex 1 of the present Additional Information.)(3) Children of Korean Schools Continue to Be Subject to Discrimination
Under the “Tuition Waiver and Tuition Support Fund Program for High12

School Education”, which was introduced in April 2010, students in Japanesepublic high schools are now exempted from paying tuitions fees, while those inJapanese private high schools as well as in foreign/ethnic schools receive publicgrants for enrolling these schools. As is reported in our NGO Report (VIII-11),
however, only the students in Korean schools continue to be excluded from thescheme on the basis of the political and diplomatic reasons, including that “there
was no progress in the abduction issue”, which is totally irrelevant to them.
Since 2010, more than 5,000 students have graduated from Korean schools
without receiving the grants; the total sum of the grants that should have been
given to them amount to some 1,782 million yen. The issue is not about moneyat all but about dignity of the children attending Korean schools. In pursuit of
the recovery of dignity and the correction of discrimination, Korean schools
and/or their graduates have filed a series of lawsuit to claim national
compensation or appropriate administrative responses; students currently in
Korean schools have been involved in signature campaigns and street speeches.
Although the central Government has provided no subsidies to Korean
schools, all the municipalities where Korean schools exist have provided
different forms of subsidies to these schools. After the exclusion of Korean
schools from the tuition waiver scheme by the central Government, however,many local governments have stopped the provision of the subsidies ordecreased their sum. The central Government, moreover, has been involved inde facto interference with the local provision of the subsidies to Korean schools.
The present policy of the Government hinders the environment for children in
Korean schools to learn their language, culture and history.
In its written replies to the question about the measures to eliminate
discrimination (paras. 12-13), the Government refers to such measures as the
preparation and dissemination of leaflets for awareness-raising about humanrights, the establishment of the Children’s Rights Hotline and the provision ofmultilingual hotline services. These responses are of a general nature, however,which are difficult to describe as “targeted” measures for the elimination of
specific forms of discrimination. In the first place, the exclusion of Korean
schools from the tuition waver scheme by the central Government itself forms
the basis for the acquiescence of discrimination and hate speech against children
attending Korean schools. The protection of their human rights cannot be
achieved unless the central Government immediately gives up thediscriminatory policy.
Human rights treaty bodies have repeatedly recommended theGovernment to ensure that Korean schools be covered by the tuition waiverscheme without discrimination, including by the CERD Committee (in 2010,2014 and 2018) and the CESCR Committee (in 2013). At the Human Rights
13

Council, two countries (Portugal and the Democratic People’s Republic of Korea)
made similar recommendations to Japan after the third UPR of Japan in 2017.
With regard to the subsidies, the CERD Committee also recommended Japan“to invite local governments to resume or maintain the provision of subsidies to
Korean schools” in 2014.
(4) Sufficient Attention Is Not Paid to the Best Interests of the Child in Immigration
Procedures
See IX-(1) of the present Additional Information (Separation of Children
from Their Parents as a Result of Detention and Deportation of Parents in
Irregular Situations)(5) Adequate Support Should Be Provided to Children Still Affected by the Great
East Japan Earthquake and the Fukushima Nuclear Accidents for Their Life,
Survival and Development
A significant number of children have been evacuated from Fukushima
Prefecture in accordance with the evacuation orders issued in the aftermath of
the Great East Japan Earthquake and the Fukushima Nuclear Accidents in
March 2011. On the other hand, a number of children have voluntarily
evacuated with their parent(s), too, in the absence of evacuation orders. The
actual situation of the latter group is not necessarily well-known, however.
While the families belonging to the former group have received compensations
for the damages that they have suffered by complying with the evacuation
orders, the families on voluntary evacuation have not received suchcompensations. The views of these children have not been heard. Several
lawsuits have been filed to seek for the recognition of “the rights to evacuation”,
including the rights not only to evacuate but also to stay in and to return to theaffected areas as well as the right to make informed decisions about when and towhere the evacuees return).
Radiation hazards can cause immense damage in the immediate term,
while their impact is long-term and widespread, particularly affecting children
in serious ways. And radiation cannot be perceived by the senses. Priority has
been given to the declaration that some of the affected areas are now safe,
although scientific radiation measurement has not necessarily been conductedin adequate ways. Children and their families who have evacuated from
Fukushima have been largely left on their own, without adequate efforts to havean understanding of their situation; their rights to evacuation, based on theprinciples of the best interests of the child and respect for the views of the child,
have not taken into account at all. (See also our NGO Report, III-C-1, etc.)
Furthermore the families on voluntary evacuation now face increasing
14

pressure to return, owing to the gradual lifting of the evacuation orders and thediscontinuation of housing support by local municipalities. In October 2018, theUN Special Rapporteur on hazardous substances and wastes, Mr. Baskut
Tuncak, called on the Government of Japan to halt the relocation of evacuees
who are children and women of reproductive age to the areas of Fukushima
where radiation levels remain high. Referring to the CRC Convention, hefurther pointed out that Japan has a duty to prevent and minimize childhood
exposure to radiation and other hazardous substances, adding that “Japan
should provide full details as to how its policy decisions in relation to the
Fukushima Daiichi nuclear accident, including the lifting of evacuation orders
and the setting of radiation limits at 20mSv/y, are not in contravention of theguiding principles of the Convention, including the best interests of the child”.
(6) Concentration of US Military Bases Continues to Violate Rights of Children in
Okinawa, Including the Right to Life, Survival, Development
As is pointed out in our NGO Report (III-C-4), the disproportionate
concentration of the US military bases in Okinawa have continued to threaten
the rights of children living there, including the right to life, survival anddevelopment. (See Annex 3 for further information.)(a) Falling off of the components of US military aircrafts on a nursery school andan elementary school
In December 2017, two incidents occurred in succession where thecomponents of the US military aircrafts fell off on the premises of a nurseryschool and an elementary school in Ginowan City, Okinawa Prefecture,
respectively. The parents started a signature campaign demanding thediscontinuation of the flight of the US military aircrafts over the nursery school,
collecting more than 130,000 signatures. Although they demanded theimmediate discontinuation of the flight to the Government of Japan, including
the Defense Agency, on the basis of the signatures, the flight over these
institutions has been resumed without thorough investigations or detailed
explanation for the residents. The pupils in the elementary school concerned(Futenma Daini Elementary School) had to take refuge in the school building
216 times in 39 days after they started to use the school ground because of theflight; they lead their school life under the condition where another accident
may occur at any time. While the clear zones defined by the US safety criteriawith regard to military bases are complied with in the US territories, the clear
zone established for the MCAS Futenma (Marine Corps Air Station) includes
the areas with a number of civilian buildings, including educational facilities,
threatening the safety of children and other residents.
(b) Sexual and other forms of crime by the US military personnel
15

Sexual and other forms of crime have been frequently committed by the
US military personnel (including civilian workers) in Okinawa since the end of
the World War II, often against women and children. Recently the CERD
Committee took up the issue of violence against women in Okinawa, along withthe problem of military aircraft accidents in civilian areas, in its concluding
observations on Japan (August 2018, paras. 17-18). On 7 September 2018, soonafter the adoption of the concluding observations by the CERD Committee, a US
soldier broke into a house in Yomitan Village, giving great shock to a high school
girl who happened to be in the house alone with her 5-month old sister.
Thinking that she might be killed, the girl escaped from a window to safety,
holding her sister in the arms. Although the suspect was arrested and sent to
the public prosecutor’s office, the case ended up without prosecution. A sense ofanxiety remains for the girl and the neighborhood.
(c) Risk of water contamination by the existence and construction of militarybases
The construction of military institutions are planned in different areasin Okinawa Prefecture, including remote islands; some of the plans are alreadyunderway, leading to significant destruction of the environment. In particular,
the right of the children living near such institutions to clear water is (likely tobe) violated: (i) in Miyakojima Island, where the construction of a missile base isunderway by the Self Defense Forces; (ii) around the US Kadena Air Base andMCAS Futenma, where PFOS (perfluorooctane sulfonate) and PFOA
(perfluorooctanoate), which are likely to bring about adverse healthconsequences, have been detected; and (iii) in Ishigakijima Island, where theconstruction of the JGSDF (Japan Ground Self Defense Force) base is being
planned around the source of Miyara River. Mr. Kunitoshi Sakurai, arepresentative of the Okinawa Environmental Network, points out that thebiggest contamination sources in Okinawa are the U.S. military bases, JSDF
bases and their military activities and that the environmental assessment, an
indispensable system to the realization of sustainable development goals (SDGs),
has lost substance.
(7) Other Issues That Should Be Taken Up in This Cluster
In addition to the above, the Committee is expected to take up, among
others, the issues concerning the inadequacy of minimum standards andguidelines (NGO Report III-C-2) as well as the principle of respect for the viewsof the child and children’s participation rights (NGO Report IV).

Table of Contents of Our NGO Report
III. General Principles

16

III-A: Non-Discrimination
III-A-1. Comprehensive Anti-Discrimination Legislation Should Be Developed
Promptly
III-A-2. Hate Speech and Hate Crime Targeting Children of Korean Schools in
Particular
III-A-3. Progress in the Elimination of Discrimination against Children Born out of
Wedlock and Remaining Problems
III-A-4. Further Efforts Are Needed for the Elimination against Girls Especially in
the Field of Education
III-A-5. Further Educational Measures Are Needed to Prevent Discrimination
against LGBTI Children
III-A-6. Protection and Promotion of the Rights of the Ainu Children as An
Indigenous People Should Be Ensured
III-A-7. Foreign Children Are Subjected to Disproportional Punishment under
Immigration Law
III-B: The Best Interests of the Child
III-B-1. The Principle of the Best Interests of the Child Should Be Integrated into
Legislation, Policy and Practice
III-B-2. The Principle of the Best Interests of the Child Should Be Integrated into
Legislation, Policy and Practice
III-C: Right to Life, Survival and Development
III-C-1. Adequate Care Has Not Been Taken for Children and Parents Who Suffer
from(Perceived) Radiation Exposure Caused by the Fukushima Nuclear

Accidents
III-C-2. Children Are Killed or Injured in Accidents Due to the Inadequate MinimumStandards and Guidelines
III-C-3. Measures against Suicide among Children and Young People Should Be
Strengthened
III-C-4. U.S. Military Bases Threaten Life, Survival and Development of Children in
Okinawa
III-D: Respect for the View of the Child/Child Participation
III-D-1. The Rights of Children to Express Their Views and to Have Them Respected
Are Not Ensured Sufficiently
III-D-2. The Expression of Views and Participation by Children Remain Difficult at
SchoolIII-D-3. Children in Alternative Care Should Be Given Opportunities for Raising
Voices and Participating
III-D-4. Child Participation in Legislative and Policy Making Processes is Insufficientand Citizenship Education Should Be Strengthened17

Recommendations
1. The Government and the Diet should promptly develop comprehensive
anti-discrimination legislation, which includes provisions on such matters
as definitions of prohibited acts of discrimination (including hate speech),effective mechanisms for the provision of remedies, research as well as
education, awareness-raising and training. In particular, consideration
should be given to the introduction of criminal sanctions and/or the duties of
ISPs (Internet service providers) to take prompt responses with regard to
malicious hate speech against Koreans living in Japan and other minorities.
2. The Government and the Diet should abolish the distinction between“legitimate” child and “illegitimate” child in the birth notification and thefamily register. They should also abolish the notion and terms of“legitimate” child and “illegitimate” child in the legal system.
3. Given the fact that the exclusion of Korean schools from the high school
tuition waiver scheme is a form of discrimination, the Government should
remedy unreasonable discrimination against children attending Korean
schools, immediately extend the scheme to them urge local governments toresume or maintain their subsidies to Korean schools, taking in to accountthe principles of the best interests of the child and of non-discrimination.
4. In addition to even more careful surveys and other efforts to find out the
impact of the nuclear accidents on health of the affected population, theGovernment, Fukushima Prefecture and the Diet should pledge medical,
social, financial and other measures to support the children suffering fromthyroid cancer and other health conditions well into the future and, on thebasis of the precautionary principle, accelerate the development of national
and local legislation and institutions to ensure the rights of the children andtheir parents who suffer from (perceived) radiation exposure to evacuation
to and recuperation in safer environments.
5. Recognizing the fact that the children of Okinawa have been forced to bear
far more burdens than children living in other areas do, the Government
should take immediate measures to eradicate negative consequences of thepresence of the U.S. military bases on their education, health anddevelopment. Such measures should include, in particular, safeguards toprevent accidents caused by the US military aircrafts (including theprohibition of the flight of such aircrafts over educational institutions) as
well as measures to monitor and prevent water contamination. In addition,effective measures should be taken to protect the children of Okinawa fromsexual violence and other forms of crime by U.S. military personnel,
including through the effective law-enforcement against them.

(See also the recommendations in our NGO report.)
18

IV．Civil Rights and Freedoms(1) The Imposition of the National Flag and Anthem Threatens Children’s Freedomof Thought and Conscience
As is pointed out in our NGO Report (IV-2), the Government has
officially explained that it has no intention to impose respect for Hinomaru(Sun-Rising Flag, the national flag) and Kimigayo (Emperor’s Era, the national
anthem) by interfering with what pupils and students think. Nevertheless,guidance and pressure by the boards of education and other authorities isprevalent in practice, often amounting to de facto imposition. For example, thefollowing cases have been reported:(i) The order of ceremonies of metropolitan high schools in Tokyo explicitly
states that the master of ceremonies should urge students to stand up
during the singing of the national anthem until all the students do so.
Furthermore the Tokyo Metropolitan Board of Education has prohibited
teachers from telling their students that they have the right to freedom of
inner thought (conscience) since 2005, having issued the circulars to thiseffect after it had taken disciplinary action against 67 teachers who had
conveyed the information to their students.
(ii) At elementary schools, some pupils who did not stand up during thesinging of the national anthem were called by the school administrators orclass teachers, being inquired into the reasons and urged to stand up next
time. Some high school students were scolded during graduation
ceremonies for not having stood up during the singing of the national
anthem, being clutched on the shoulders.
(iii) Some students are forced to sing and practice the national anthem(Kimigayo) in classes, especially in music classes, and school
administrators come to monitor the classes at times. In 2004, students
were instructed to sing the national anthem loudly with their mouth wide
open, and the volume of their voice was checked, in Machida City, Tokyo;
the case was reported to the city board of education.
(2) Contents and Ways of Development of School Rules Should Be
Comprehensively Reviewed
As is reported in our NGO Report (IV-3), the problem of unreasonable
school rules has emerged on the social agenda again, including the rules
providing that students’ hair should be black and straight or indicating the colorof underwear that should be put on by students. On 29 March 2018, theMinister of Education stated in the Diet, “Although the final decision should be
19

taken by the headmaster in an appropriate manner, in my opinion, it isdesirable that [the school rules] be developed after pupils and students and theirguardians have participated in the process in one way or another, for example byproviding pupils and students with opportunities for discussion and by collecting
views of their guardians”. Nevertheless the Ministry of Education has notrecognized the right of pupils and students to express their views about school
rules (see the State Party’s report, para. 38).
(3) Other Issues That Should Be Taken Up in This Cluster
In addition to the above, the Committee is expected to take up, among
others, the issues concerning the statelessness and non-registration of children(NGO Report IV-1).

Table of Contents of Our NGO Report
IV. Civil Rights and Freedoms
IV-1. Measures Should Be Taken to Protect Children from Statelessness and
Non-Registration
IV-2. The Imposition of the National Flag and Anthem Threatens Children’s Freedomof Thought and ConscienceIV-3. School Rules Still Impose Excessive Restrictions on Children’s Rights

Recommendations
1. The Government (especially the Ministry of Education) should take allnecessary measures to ensure that the rights of the child under the CRC,
inter alia, the right to thought, conscience and religion (Article 14), the rightto express opinions freely concerning matters affecting them and to havethem respected (Article 12) and the right to educational environment that
permits for a diversity of values (Article 29), are not infringed in the courseof the introduction of the national flag and anthem in school events andceremonies.
2. The Government (especially the Ministry of Education) should take allnecessary measures to ensure that unreasonable school rules that unjustly
infringe on children’s rights are reexamined and that students’ participationin the development and review of school rules are guaranteed as their right,
including issuing circulars, developing rights-based guidelines andestablishing independent complaint mechanisms.

(See also the recommendations in our NGO report.)

20

V．Violence against Children(1) Proactive Measures Are Needed to Change Tolerant Attitude to Corporal
Punishment
Although the current School Education Act prohibits the use of corporalpunishment at school, Japan still has no law explicitly banning corporalpunishment in all settings. (As the Government admits in its written replies,
paras. 25-26, what can be considered as prohibited is only a form of corporalpunishment that amounts to abuse and/or crime.) Physical and humiliating
punishment against children in the name of “discipline” at home seems to berelatively accepted in Japanese society.
In July 2017, Save the Children Japan conducted an online survey on
the actual scenario within families regarding the physical and humiliating
punishment of children, using a questionnaire to which 20,000 people responded(See Annex 4). The survey results illustrate the following:- Approximately 60% of the respondents answered that physical punishment
can be accepted for disciplinary purposes “if necessary” or “when there is noother way”;- Approximately 70% of the respondents who were rearing their own children
answered that they had experience of hitting their children in the past;- A certain number of people, in spite of showing a tolerance towards corporalpunishment, are interested in parenting without spanking or yelling atchildren or have difficulties with this in practice.
As is pointed out in our NGO Report (V-1), the Ministry of Health,Labour and Welfare has led awareness-raising activities for the prevention of
corporal punishment at home. It is necessary, however, to explicitly prohibit
corporal punishment by law in order to make these efforts effective.
(2) Challenges in the Reinforcement of Measures against Child Abuse in Response
to Death of a Child as a Result of Abuse
A 5-yeard-old girl was abused to death in March 2018, partly because of
inadequate collaboration between child guidance centers in different
municipalities, which triggered reconsideration of the existing measures to
respond to child abuse and neglect. In July 2018, the Government adopted the
Package of Urgent Measures for the Reinforcement of Responses to Child Abuse
and Neglect, identifying the following as “the measures that should be taken
urgently”: (i) ensuring information-sharing between the relevant bodies,
especially between child guidance centers in different municipalities as well as
between child guidance centers and the police; and (ii) ensuring that the safetyof the child be confirmed and secured. Other measures in the package include:
21

(i) the reinforcement of the staff arrangement and their expertise at childguidance centers and municipal offices; (ii) early identification of and responseto child abuse cases; (iii) thorough information-sharing between child guidance
centers and between municipalities; (iv) increased collaboration between therelevant bodies, including the police, schools and hospitals; (v) the promotion of
appropriate judicial involvement; and (vi) the expansion and improvement of theplaces for children who are taken into care, including foster homes andchildren’s homes. Furthermore, on 18 December 2018, the Government adopted
the Plan for the Comprehensive Reinforcement of Institutional Measuresagainst Child Abuse and Neglect. The Plan is intended to strengthen theinstitutional capacity and expertise of child guidance centers and municipalities,
which are the primary bodies to respond to cases of child abuse and neglect,
including by increasing the number of professionals and expanding focal points
to support children and families.
These measures can be acknowledged as positive steps, and it isparticularly urgent to increase human resources allocated for child guidance
centers and municipalities. On the other hand, as is pointed out in our NGO
Report (V-2), emphasis is still placed on responses after incidents of abuse andneglect have happened; sufficient attention has not necessarily been paid tomeasures and resource allocations based on the population approach. Concerns
have been expressed about increased dependence on the police.
(3) Newly Emerged Issue of Sexual and Other Forms of Peer Violence in Children’s
Homes Should Be Effectively Addressed
In April 2018, it was revealed through the initiative of a civil society
organization (Mie Society for the Elimination of Violence and Sexual Assault in
Institutions) that 111 cases of sexual violence among children in child welfare
facilities in Mie Prefecture had occurred in nine years (from the fiscal year 2008
to 2016); 274 children were involved in these cases as victims or perpetrators. In
Tokyo as well, 197 such cases had been reported from April 2015 to December
2017, according to the report of the Asahi Shimbun, published on 16 April 2018.
Moreover, the Society Department of the NHK (Japan’s public broadcaster)
conducted a survey on this issue after April 2018 by sending questionnaires toprefectures and major cities, to which 59 municipalities have responded as ofJuly 2018. According to the survey, the numbers of incidents of peer violence inchildren’s homes, which occurred in five years from the fiscal year 2013 to 2017,
are as follows:- Physical violence: 831 cases (1,971 children were involved as perpetrators or
victims)- Sexual violence: 961 cases (2,386 children were involved)
22

Psychological violence: 248 cases (627 children were involved)
On 27 April 2018, the Ministry of Health, Labour and Welfare issued thecircular on “Responses to Cases of Sexual Violence among Children in Children’s
Homes and Other Institutions”, inviting the relevant organizations, inparticular, to provide children in these institutions with full information about
where they can seek for advice and help. It is unlikely, however, that suchmeasures can lead to effective prevention of peer violence in institutions. In thisregard, attention should be paid to the initiative by the Ministry to develop“mechanisms to advocate the rights [of the child] by making the use ofprefectural child welfare councils” (see I-(3) of the present Additional
Information).
-(4) Comprehensive Approach is Needed to Prevent School Violence, Including
Bullying, Corporal Punishment and Sexual Harassment
The Government explains in its written replies (para. 28) that “If ateacher inflicts corporal punishment, the teacher will be subject to disciplinary
action according to the circumstances of such corporal punishment”. However, it
does not report that some hundreds of teachers are subject to disciplinary action
every year (see our NGO Report, V-3), although it provides data on the numberof participants in the relevant meetings and training sessions (Written replies,
paras. 27 and 29). While certain measures have taken with regard to bullying,including legislative measures (Written replies, paras. 91-94), challenges still
remain as is pointed out in our NGO Report (V-4). Moreover, sufficient measurescontinues to be lacking with regard to sexual harassment in school, in spite of
the fact that some 200 teachers are subject to disciplinary action on the groundsof “indecent acts” every year and that sexual violence in the context of school
club activities has become a social issue (see our NGO Report, V-5). No measures
have been taken to implement the recommendation, made by the CRC
Committee after the consideration of the initial report of Japan (1998), to theeffect that “a comprehensive programme be devised and its implementation
closely monitored in order to prevent violence in schools, especially with a viewto eliminating corporal punishment and bullying”.

Table of Contents of Our NGO Report
V. Violence against Children
V-1. Corporal Punishment of Children Should Be Prohibited in All Settings andAwareness-Raising Measures Should Be Strengthened
V-2. Supportive Interventions and Psychological Aftercare Should Be Strengthened to
Respond to an Ever Increasing Number of Reported Cases of Child Abuse
V-3. Initiatives to Eliminate Corporal Punishment and Other Forms of Violence at

23

School Are Still Insufficient
V-4. More Effective Implementation of the Bullying Prevention Act Should Be Taken
V-5. Appropriate Responses Are Needed to Sexual Abuse of Children That Tend to
Remain Unreported
V-6. The Issue of Dating Violence Should Be Officially Acknowledged with
Strengthened Preventive Education

Recommendations
1. The Government should take all necessary steps to introduce policies and alegal framework to explicitly prohibit physical and humiliating punishment
in all settings. In addition to this, the Government should promote support
programmes for parenting without punishment. It is also necessary to
conduct an in-depth and large-scale study to more comprehensively
understand people’s awareness and the reality regarding physical andhumiliating punishment against children.
2. The Government (especially the Ministry of Health, Labour and Welfare
and the Ministry of Education) should increase the allocation of resources,
including financial, human and technical resources, to strengthen thecapacity of child guidance centers and municipalities to respond to cases ofchild abuse and neglect. At the same time, proactive measures should befurther taken to prevent child abuse and neglect in accordance with the
population approach.
3. In addition to the further promotion of the deinstitutionalization ofalternative care, including through foster care, adoption and theintroduction of smaller facilities, the Government (especially the Ministry of
Health, Labour and Welfare) should take all necessary measures toeffectively protect children in care from violence (including sexual violenceand other forms of peer violence), including through the introduction of
periodic and unannounced visits to children’s homes and other facilities byappropriate independent bodies.
4. Taking into account the Committee’s General Comments No. 8 and 13, theGovernment (especially the Ministry of Education) should develop andimplement a comprehensive programme of action to prevent and resolve
violence at school, as was recommended by the Committee in the firstconcluding observations on Japan (1998). In this regard, it is necessary,inter alia, to cover all forms of violence at school, to hear pupils/students andother stakeholders and to promote human rights education and learning
about rights, an essential component in the prevention of violence.

(See also the recommendations in our NGO report.)

24

VI．Family Environment and Alternative Care
(1) Positive Aspects of the New Visions of Alternative Care (2017) and Challenges in
Its Implementation
The steps “to prevent children being removed from or abandoned bytheir families” referred to by the CRC Committee in its list of issues, should beunderstood as including measures to provide adequate support for families sothat such removal or abandonment of children will not occur. The Government’s
written replies (paras. 44-49), however, only refer to the legal provisions andprocedures concerning family separation and to what is done after separation.
This suggests that, despite the Committee’s previous recommendations (paras.
50-51), the Government continues to pay inadequate attention to the provisionof rights-based support to families (see also our NGO Report, VI-1).
On the other hand, as is stated in our NGO Report (VI-3), it is a positive
step that the New Visions of Alternative Care (August 2017) explicitly set forth
the policy of deinstitutionalization. (The phrase “a proposal to the GOJ
concerning processes to materialize the principles of the revised Child Welfare
Act”, mentioned in the Government’s written replies, para. 51, refers to the New
Vision.) Since the emphasis has been placed on the institutionalization for a longtime, however, society in general continues to have low awareness of theimportance of providing family care for children in need of alternative care, andsufficient arrangements are yet to be made for the promotion of foster care and(special) adoption. In addition, adequate data is lacking in terms of thedeinstitutionalization of children with disabilities living in residential
institutions or of leaving care for young people who cease to be in alternative
care, which makes it difficult to identify what should be done for them.
(2) Comprehensive Review Should Be Conducted about the Organization of
Temporary Protection and Judicial Involvement Be Strengthened in Separation ofChildren from Their Parents and Subsequent Family Reunification (When Possible)
As is pointed out in our NGO Report (VI-2), courts are not involved in allcases of temporary protection (which is a form of separation of children fromtheir parents) under taken by child guidance centers (see also the Government’s
written replies, para. 49). This has often led to troubles, including legal
challenges by the parents, which put significant burden on the staff of childguidance centers. These troubles also affect subsequent contact between
children and their parents. Some municipalities have started to hire
attorneys-at-law as part of the full-time staff of child guidance centers, which is
positively noted as one of the sources of effective support for case workers inchild guidance centers; however, such initiatives are still in the pilot stage.
25

Efforts for family reunification have not necessarily been made in appropriate
ways, resulting in the high number of children placed in children’s homes for along time.
(3) Adoption System, Including Special Adoption, Should Be Further Reviewed fromthe Children’s Rights Perspective
With a view to remove the problems in the special adoption system (seeour NGO Report, VI-5), the Working Group on the Special Adoption System,
established under the Legislative Council of the Ministry of Justice, prepared
the Preliminary Tentative Proposals for Reviewing the Special Adoption System
in October 2018. The specific proposals include, among others: (i) raising theupper age limit of the adopted child (which is, at present, 6 years of age inprinciple at the time of the initiation of the proceedings) to 8 years of age inprinciple, 13 years of age or 15 years of age in principle; (ii) allowing the directorof a child guidance center to be involved in the special adoption proceedings inaddition to the prospective adoptive parents; and (iii) providing for how thebiological parents give consent to adoption and making it impossible for them towithdraw their consent after a specified period.
While these are positive developments, follow-up measures have notbeen taken to implement the CRC Committee’s previous recommendation (para.
55(a)) that the Government should ensure that all adoptions are subject tojudicial authorization and are in accordance with the best interests of the child.
The same holds true for the Committee’s recommendation concerning theratification of the Hague Convention on Inter-country Adoption.
(4) Pregnant Teens and Teenage Mothers Should Have the Right to Learn andComprehensive Support Should Be Provided for Young Parents and Their Children
As is pointed out in our NGO Report (VII-3), there have been reported
cases where pregnant girls were urged or forced to withdraw from upper
secondary schools (high schools). The Ministry of Education conducted a survey
on this issue and published the findings at the end of March 2018. According to
the findings, 2,098 cases of pregnancy of girls attending public high schools wereconfirmed in two years (April 2015 – March 2017); pregnant girls had“voluntarily withdrawn from school on their own will or on the will of theguardians” in some 30% of the cases (642 cases), and the decisions to“voluntarily withdraw from school” had been made in response to thesuggestions to that effect from the school authorities. At the same time of the
publication of these findings, the Ministry of Education issued a circular to theboards of education and other relevant bodies across the nation, calling on: (i) to
refrain from taking simple responses, such as expelling pregnant students or26

making de facto recommendations to them to leave the school; (ii) to provide
adequate support for students who continue learning; and (iii) to provide
appropriate guidance on sexuality on a daily basis.
While this response by the Ministry of Education are a step forward(however, see also VII-(3) below concerning sexuality education), sufficient
support is not given to teenage girls who are pregnant and/or gave birth. The
proportion of teenage mothers among all women who gave birth has slightly
decreased from 4.6% in 2010 to 3.8% in 2016; however, 43.1% of the teenage
girls who got pregnant decided to give birth in 2016, showing an increase from
34.9% in 2004. Young people (especially girls) who have become parents in theirteens frequently have to raise their children while being isolated in thecommunity, which shows the need to provide special assistance for them. Efforts
to provide such assistance have not been made on an adequate basis, however.

Table of Contents of Our NGO Report
VI. Family Environment and Alternative Care
VI-1. Single-Parents, Most of Whom Are Employed, Remain in Difficult Conditions
VI-2. Gaps in Procedures for Temporary Protection in Cases of Child Abuse andNeglect
VI-3. Majority of Children without Parental Care Are Still Placed in Institutions
VI-4. Family Contact and Reunification Should Be Sought in the Best Interests of theChild
VI-5. The Adoption System Should Be Modified Further to Ensure the Best Interestof the Child

Recommendations
1. The Government should strengthen measures to support families, which are
based on a child-rights approach and backed up by sufficient budgets,
especially for single parent households, teenage parent households andother vulnerable families.
2. The Government, especially the Ministry of Health, Labour and Welfare,should steadily implement the policy of deinstitutionalization, reflected in
the New Visions of Alternative Care of 2017, while paying sufficientattention to the need to avoid negative consequences that may be brought
about by hasty processes. The policy of deinstitutionalization should also be
applied to children with disabilities living in residential institutions, andleaving care for young people who cease to be in alternative care should be
expanded.
3. In the light of the provisions of Articles 9 (1) and 37 of the Convention, theGovernment and the Diet should take further measures to ensure that27

temporary protection of children is promptly subject to judicial review.
Consideration should also be given to reinforcing cooperation withattorneys-at law (including through hiring them as part of the full-time staff
of child guidance centers) and to appointing representatives for children inorder to support them in expressing their views.
4. The Diet and the Government (especially the Ministry of Justice and theMinistry of Health, Labour and Welfare) should review the legislation on
and procedures of adoption of children, while paying special attention to theneed to ensure that the best interests of the child be the paramountconsideration in all cases. The special adoption system should be applied inprinciple to children below 15 years of age, since there is no reason to
restrict the beneficiaries of the system to young children.

(See also the recommendations in our NGO report.)
VII．Disability, Basic Health and Welfare(1) “Special Needs Education” Does Not Sufficiently Reflect the Philosophy of
Inclusive Education
As is pointed out in our NGO Report (VII-1), “special needs education” isstill based on the concept of segregation and cannot be regarded as inclusive
education envisaged in the relevant human rights treaties. It is evident, forexample, from the fact that the number of children with disabilities who areenrolled in regular classes has remained almost the same (2,927 pupils in 2009
to 3,055 pupils in 2017 at the primary level) in spite of the overall decrease of
the child population. On the other hand, the number of children who receive
special support service in resource rooms have been on the increase; the numberof children enrolled in classes/schools for special needs education renews therecord high every year (see the Government’s written replies, Annex II, the data
provided in response to Question 19). The increase in the number of children
with intellectual disabilities who are enrolled in schools for special needs
education is particularly remarkable; while there had been only an increase in
the number of some 20,000 during 25 years before the entry into force of the Act
on Support for Persons with Developmental Disabilities in 2005, the number
has nearly doubled in the decade or so after the entry into force of the Act(68,328 children in 2005 to 128,912 children in 2017, indicating an increase ofsome 60,000).
Although Article 16 of the Basic Act for Persons with Disabilities
provides that “[the authorities] must give accommodation to children andstudents with disabilities being able to receive their education together withchildren and students without disabilities insofar as possible, …and must take28

necessary measures to improve and enhance the contents and methods of theeducation”, the term “insofar as possible” is used as an excuse for excluding
many children with disabilities from regular schools in their community. The
establishment of “various types of schools and learning styles”, promoted by theGovernment (see the Government’s written replies, para. 63), has led to thetendency that children with disabilities move from regular classes to special
support service in resource rooms and further to classes/schools for special needs
education; there are not many cases where those children move back to regularclasses.
With regard to high school entrance examinations, some high schools
refuse to provide reasonable accommodation for children with disabilities, which
is obliged under the Act Concerning the Promotion of the Elimination ofDiscrimination on the Basis of Disability (which came into force in April 2016),
on the basis of the circular issued by the Ministry of Education in 1984, whichstates that “the selection of entrants in high schools shall be undertaken byassessing such factors as the ability and aptitude for receiving education, basedon the school records and other documents sent by the principals of respective
junior high school as well as the results of the achievement test for the selection,
paying attention to the characteristics of each high school and its courses”. Somechildren with disabilities failed entrance examinations due to the refusal ofreasonable accommodation “in terms of equity and fairness”.
The increase in the number of children enrolled in classes/schools for
special needs education has been caused partly because their parents fear thatthey may not be given sufficient support for learning regular schools in theircommunity. Furthermore, sufficient attention has not been paid to the need tosupport children with developmental disabilities by reviewing how society andschools are organized, instead of focusing on therapeutic approaches only.
(2) Interference by Public Figures Continues to Hinder Reproductive Health
Education
As is pointed out in our NGO Report VII-3, reproductive healtheducation is not provided in a systematic and effective manner in schools inJapan, and backlashes have occurred against such education. In March 2018, a
member of the Tokyo Metropolitan Assembly, who belonged to the ruling party,
criticized sexuality education lessons provided for the 9th graders in a juniorhigh school as “inappropriate sex education”. The Metropolitan Board of
Education accepted the criticism and provided guidance to the district board ofeducation concerned to remedy the situation; the Metropolitan Board of
Education considered that the lessons were “inappropriate” because such terms
as “sexual intercourse”, “contraception” and “abortion” were used, arguing that29such an approach does not fit to the developmental stage of junior high school
students partly because it may promote sexual intercourse among students.
During the lessons concerned, students were invited to think about abortion as aresult of unwanted pregnancy and were taught about ways of contraception andthe period specified by law for abortion. The Metropolitan Board of Educationconsidered, however, that the use of such terms as “sexual intercourse” was a
problem because they are not indicated in the Course of Curricula for juniorhigh schools.
The member of the Metropolitan Assembly concerned had interfered insexuality education conducted in a school for children with disabilities in 1997,
criticizing the lessons as “extreme” and demanding the Metropolitan Board of
Education to take “firm responses” after he had visited the school with two othermembers of the Assembly. The court later found that their action had beenintervention and interference into sexuality education at school on the basis of
their political belief, which is likely to hinder autonomy of education; themember of the Assembly was ordered to pay compensations to the teachers andguardians concerned (see also our NGO Report, III-A-4).
(3) A Rights-Based Approach Should Be Fully Applied to Climate Change
Mitigation/Adaptation Policies in the Preparation for Recurrent Disasters Caused by
Heavy Rainfall
While the Government’s written replies (paras. 73-74) explain about
Japan’s policies for climate change mitigation, they do not refer to adaptation
policies. In recent years, Japan has experienced a number of disasters caused byheavy rainfall, which may have occurred partly because of climate change,
including in Hiroshima (July 2014), in the Kanto and North-East regions(September 2015), in the northern part of the Kyushu region (July 2017) and in
the West Japan region (July 2018). Sufficient measures have not been taken to
respond to the consequences of these disasters in a rights-based andcomprehensive manner, as has been the case after the Great East Japan
Earthquake occurred (see our NGO Report, pp. 10-11, “Major Cross-Cutting
Issues Affecting Children’s Rights” A). Although the Guidelines for theManagement of Shelters (April 2016) identify “considering the establishment ofkids spaces (play spaces for children)” as one of the necessary considerations, theprovision of spaces for children and play opportunities has largely been left tocivil society organizations.
(4) The Need to Reinforce Measures against Child Poverty and to Prevent
Retrogression in the Provision of Public AssistanceAs the Government reports in it written replies (paras. 75-81), certain30

measures have been made to tackle the issue of child poverty through therelevant laws and policies. As is pointed out in our NGO Report (pp. 11-12,“Major Cross-Cutting Issues Affecting Children’s Rights” B), however, further
measures need to be taken from the perspectives of children’s rights. About one
in seven children in Japan (13.9%) lived in relative poverty as of 2015; a series ofsurveys conducted by local municipalities on children’s living conditions havecommonly found that children in poverty are deprived of adequate food, clothing
and shelter as well as the necessities for schooling, social relationships andopportunities for education and experience.
For example, a number of high school students are in financially difficult
conditions that force them to work part-time, even after the introduction of theTuition Waiver and Tuition Support Fund Program for High School Education(April 2010). A survey on part-time work among students attending 16 publichigh schools in Chiba Prefecture (2017) found that nearly half of the students
who work part-time go to work more than four days a week and that nearly halfof them work more than four hours on weekdays. With regard to the purposes of
their part-time work, 51% of the respondents stated that they work for “theliving expenses” and 18% for “the expenses to go on higher education”. It wasalso found out that more than half of the students had to cover the expenses to
go on higher education with their earnings through part-time work or throughscholarships, because their parents cannot afford the expenses. A number ofchildren have to bear heavy burdens to support themselves and their family
members and to cover the costs of their education.
With regard to social transfer, the Government started to lower the
standard of public assistance gradually in October 2018, while it says in its
written replies (para. 77) that the measures have been taken to expand support.
Although some additional benefits with regard to children will be expanded orincreased, the additional benefit for single mothers will be reduced by some 20%
on average; it is estimated that approximately 40% of the families with children
on public assistance will receive less allowances and benefits. In addition, since
the standard of public assistance is connected with the standard for theallowance for school expenses (see the Government’s written replies, para. 80,
concerning the allowance), concerns have been expressed that a number ofchildren may become ineligible for the allowance, which compulsory education is
not yet made completely free of charge.
There are large regional discrepancies in terms of child poverty. In
particular, the relative child poverty rate amounted to 29.9% in Okinawa
Prefecture (according to the survey conducted by the prefectural office in 2015),
which is almost twofold higher than the national average. The budget for thedevelopment of Okinawa, allocated in accordance with the Act Concerning
31

Special Measures for Development of Okinawa, is not necessarily made use of in
sufficient manners for supporting children and their families in Okinawa, partly
because the central Government may exercise wide discretion about the budget
in accordance with the national policy.
(3) Other Issues That Should Be Taken Up in This Cluster
See III-(5) of the present Additional Information for the information on
the health impact of the Fukushima Nuclear Accidents on the affected children.

Table of Contents of Our NGO ReportVII. Disability, Basic Health and Welfare
VII-1. “Special Needs Education” Should Be Shifted to Inclusive Education
VII-2. Re-Introduction of the Color Perception Test at School Should Be Reconsidered
VII-3. Reproductive Health Education Is Not Provided in Systematic and EffectiveWays
VII-4. Further Efforts Should Be Made to Admit All the Children in Need to Daycare
Centers while Ensuring and Improving the Quality of Care

Recommendations
1. In the light of the Committee’s General Comment No.9, the Convention on
the Rights of Persons with Disabilities, UNESCO Salamanca Declarationand other relevant international instruments, the Government (especially
the Ministry of Education) should take urgent measures to promote
inclusive education, including the provision of sufficient human andfinancial resources to enable children with disabilities to be included inregular schools/classes. In particular, the obligatory nature of reasonableaccommodation should be widely known among teachers, school
administrators and local officers as well as children and their parents.
2. The Government (especially the Ministry of Education and the Ministry of
Health, Labour and Welfare) should adopt a plan of action to improveadolescent health, including reproductive health of adolescents, whichcontains target figures for the reduction of sexually transmitted diseases,
HIV/AIDS and abortion. In this regard, emphasis should be given to thedevelopment of education and community-based services which aresensitive to the special needs of adolescents, in the light of the Committee’s
General Comments No.4, 5 and 20.
3. In addition to the further promotion of climate change mitigation measures,
the Government should promote a child rights approach to the preparation
and responses to natural disasters, including earthquakes, heavy rainfall
and floods.
32

4. The Government should strengthen measures against poverty further inaccordance with child rights and human rights approaches, on the basis of
the philosophy of protecting the lives of children and their families in acomprehensive manner. The Governments should ensure that theallowances and benefits for the households with children on public
assistance are not reduced. Measures should be taken to make compulsory
education completely free of charge, including with regard to school supplies
and school lunch, with a view to reducing the burden of educational
expenses on families at the compulsory level; in the meantime, budgetarymeasures should be taken at the national level to eliminate regional
discrepancies in the administration of the system of financial assistance forschool attendance.

(See also the recommendations in our NGO report.)
VIII．Education, Leisure and Cultural Activities(1) Reconstruction from the Great East Japan Earthquake and the Fukushima
Nuclear Accidents Is Still Underway
As is indicated in our NGO Report (VIII-1), the impact of the Great East
Japan Earthquake and the Fukushima Nuclear Accidents (March 2011) on theschools in the affected areas is yet to be eliminated. In the affected coastal areasof Miyagi and Iwate Prefectures, schools are being merged and/or closed downbecause of the depopulation caused by the destruction of livelihoods and daily
lives because of the disaster, combined with the slow pace of reconstruction of
local industries and parents’ livelihoods. In Iwate Prefecture, the number of
elementary and junior high schools reduced from 548 (with two branch schools)
in April 2011 to 467 (with one branch school) in April 2018. In Miyagi Prefecture,
78 elementary and junior high schools were closed by 2017. It now takes moretime for many of the children in these areas to go to school, significantly
affecting their educational activities and daily living schedules. In addition, theloss of schools in the community may lead to less attention to the need to raisechildren in the community, which makes it more difficult to return. Many
teachers and local officials working in schools and public organizations have tocommute a long way from the places to which they have evacuated, partly
because they cannot find places to live in the affected areas, which put
significant burden on them.
In Fukushima Prefecture, evacuation orders were lifted with regard to
many areas in April 2017 and schools have returned to the original places fromthe temporary relocation places. Many children continue to go to school from theplaces to which they have evacuated, using school buses, with only a small
33

number of children living in the municipalities where the schools exist. In theaffected prefectures, including Fukushima and Iwate Prefectures,decontamination wastes from schools, private houses and other places are still
kept in some school premises “tentatively” or “temporarily”. Although foodstuffs
used for school lunch are subject to the inspection for radioactive materials, not
all foodstuffs are not subject to prior inspection because of lack of necessary
resources; in some cases, frozen samples were inspected two weeks after having
been used for school lunches, or leftovers were used for inspection.
According to a survey conducted in November and December 2017 by
Rikuzentakada City, Iwate Prefecture, covering parents with children who arejunior high school students or younger, it was found that the poverty rate washigher than the latest national average (13.9%), with 16.9% among thehouseholds with junior high school students and 15.6% among the householdswith elementary school pupils. 18.6% of the households in poverty responded
that they had been unable to by necessary foodstuffs “at times” or “oftentimes”
during the year before the survey was conducted.
More than seven years after the earthquake, elementary schools havestarted to admit children who have lived in temporary shelters from their birth.
According to survey conducted by Iwate Medical University and otherinstitutions, 36.5% of children who were born in 2011 in the three affected
prefectures had emotional or behavioral problems and some 35% of theirmothers had mental difficulties. In Fukushima, many children have spent their
daily lives indoors since the nuclear accidents, because schools and pre-school
institutions have restricted their outdoor activities and play opportunities toprotect them from radiation exposure. It was also found that children in
Fukushima below the age of eleven (who were not enrolled in elementary
schools at the time of the nuclear accidents) are with obese tendency, possibly
because they do not know the fun of outdoor play or have missed theopportunities to acquire a habit to be involved in physical exercise.
With regard to education on radiation, supplementary readers preparedby the Ministry of Education or Fukushima Prefecture contain few descriptions
about the Fukushima nuclear accidents and their consequences, and the issue
thus tend to be disregarded in classes. As a result, for example, a questionnaire
survey of the 6th graders in an elementary school in Fukushima showed thatsome 60% of the pupils states that “I don’t understand why there is so many
radiation in Fukushima”.
While the reconstruction of the infrastructure, such as roads andbuildings, is on the gradual progress in the coastal affected areas, thereconstruction of daily lives has not necessarily been smooth and the prospect of“community development” is not bright. Many children and their parents34affected by the disaster continue to need psychological care. According to asurvey about the pupils/students at the primary and secondary level in Iwate
Prefecture, conducted by the Prefectural Board of Education in 2017, 11.3%(13,490 children) of them were considered as “pupils/students who had better
receive educational counseling (children in need of support); the proportion was
10.8% in the inland areas and 13.5% in the coastal areas, which suggests thatthe discrepancy had widened since the previous survey in 2011 (14/3% in theinland areas and 15.8% in the coastal areas).
(2) The Extremely Competitive Nature of the School Environment Has Worsened
With regard to the issue of the extremely competitive school
environment, the Government’s written replies (paras. 94-96) only mention themeasures taken with regard to entrance examinations at the upper secondaryand higher levels, not referring to the National Survey on Academic Ability andLearning Status, which was introduced in 2007 (see our NGO Report, VIII-2). In
the framework of the National Survey, the 6th and 9th graders sit for the exams
in Japanese language and arithmetic (mathematics) every year and for theexam in science (since 2012) every three years . The outcomes of this exhaustive
survey (which means that all the pupils/students in the grades concerned sit for
exams) have been published since 2017, disaggregated by prefectures and major
cities, contributing to the stratification of schools and geographical areas on thebasis of academic performance. Thus schools are under pressure to achieve good
performances, prompting more fierce competition to improve the scores, forexample by modifying the curriculum in order to prepare the pupils/students forthe exams. Furthermore deviations from the purposes of the National Survey
have started to emerge; for example, the mayor of Osaka City announced theplan to reflect the outcomes of the survey in the performance appraisal and theamount of the bonus of principals and teachers.
The National Institute for Educational Policy Research, establishedunder the Ministry of Education, identified “competitive values” as one of “thefactors affecting bullying” in its material about student guidance published in2012. Some municipalities have also expressed concerns about the stratificationof schools and the intensification of competition that may be caused by the
publication of the survey outcomes by major cities. In the aftermath of a case ofsuicide of children, the Fukui Prefectural Assembly submitted a position
document against excessive emphasis on academic abilities, stating that “efforts
to keep the status of ‘the prefecture with the best academic performance inJapan’ have given tacit pressure on schools across the prefecture, contributing tostress both among teachers and pupils/students”.
In addition, the 9th graders are to sit for the exam in English in the35

context of the National Survey every three years, starting in 2019; the subject ofEnglish is to be introduced for the 5th and 6th graders in 2020. The Basic Plan
for Promoting Education, adopted every five years by the Government, has
introduced target figures for the ability to use English, which will be assessed
through examinations conducted by private organizations. Concern has been
expressed about possible pressure on children in order to achieve the target
figures.
(3) State Interference with Education Should Be Stopped
As is pointed out in our NGO Report (VIII-3 and -4), politicians and theGovernment continue to interfere unjustly with what is taught in school
education. For example, during the textbook authorization process in 2006, theMinistry of Education made a comment about the descriptions in textbooks
about the Battle of Okinawa, which brought about an extensive number ofvictims, demanding that the use of force by the Japanese Army against civilians
in Okinawa should be deleted from the descriptions. Different organizations in
Okinawa issued statements to protest the comment, and the mass meeting of
the citizens in Okinawa, organized in September 2007 for the purpose of protest,
was participated by 116,000 citizens, which made it one of the largest mass
meeting after the return of Okinawa to Japan. Another incident of the official
interference happened in October 2017, when the Ministry of Economy, Tradeand Industry (METI) requested a research associate of a university, who was togive a lecture for high school students about energy issues, to modify the part ofthe lecture about the danger of nuclear power plants. Although the lecture waspart of a project commissioned by the Agency of Natural Resources and Energy
under the METI, it is problematic that the METI, which is in charge of thepolicies concerning nuclear power plants, requested the modification of what
would be spoken about the problems of nuclear power plants. See also VII-(3) of
the present Additional Information concerning interference with sexuality
education.
(4) The Fact that Teachers Have Become Busier and Its Impact on Education
The OECD’s TALIS (Teaching and Learning International Survey) in2013 found that the teachers’ weekly working hours amounted to 54 hours,
which is significantly higher than the OECD average (38 hours). According to
the findings of the survey on teachers’ working conditions, published by the
Ministry of Education in 2018, 60% of the teachers in junior high schools worked
overtime beyond the threshold of possible karoshi (death by overwork), which is
set at 80 hours of overtime work in a month (see also our NGO Report, VIII-5,
concerning the survey findings by a private organization).
36

In this context, the Special Working Group on the Improvement ofWorking Conditions at School of the Central Council for Education, establishedunder the Ministry of Education, has been involved in the discussion on thisissue since July 2017. In accordance with the 1971 Act (the Act on Special
Measures concerning the Wages of Teachers in Compulsory Education Schools),
which stipulates that the teachers in public schools shall receive 4% of themonthly wages instead of allowances for working overtime or on holidays, mostof the overtime work undertaken by teachers have been considered as“voluntary work” and excluded from the scope of the allowance for working
overtime. Thus the administration of teachers’ working hours has hardly been
undertaken, which has contributed to their long working hours. While theSpecial Working Group considered the introduction of the allowance for working
overtime as an option, it was not included in the proposal to the Minister of
Education by the Special Working Group, because it would require the extra
budget of some 900 million yen.
The Special Working Group proposed the introduction of the “one-year
variable working hours system” in order to eliminate overtime work. Thissystem, however, is based on the existence of busy periods and less busy period;
it is not appropriate to introduce the system to schools, where teachers
constantly work overtime. In order to reduce their long working hours, it isessential to reduce the workload itself or to introduce incentives for theeducational and school administrators to make teachers’ working hours shorter,
including through the introduction of the allowance for working overtime.
White Paper on Measures against Karoshi (2018), published by the
Ministry of Health, Labour and Welfare, identified the teaching profession as
one of the major professional group who are likely to be victims of karoshi (deathby overwork); it is urgent to reduce their workload in order to prevent theirhealth and lives. The report of the independent committee to inquire into a caseof suicide of a child caused by bullying also called for comprehensive measuresby the central Government in this regard, including budgetary measures,
pointing out that “the present working conditions of teachers, which are too
harsh”, make it impossible for them to identify and respond to children’s covert
signs for help and lead to their health problems in physical and mental terms.
(5) Protection of the Rights of Children of Foreign Origin to Education Is Inadequate
As is pointed out in our NGO Report (VIII-10), the right to education is
not guaranteed to foreigners, partly because education for them is notconsidered compulsory; if they are enrolled in schools, sufficient accommodation
is not provided for them.
(a) Issues concerning compulsory schooling
37

The Ministry of Education explains that, “while foreigners are notsubject to compulsory schooling, they are admitted into public compulsory
schools if they wish and provided with educational opportunities to the same
degree as Japanese citizens, including in terms of the waiver of tuition fees andthe provision of textbooks free of charge”. Children of foreign nationalities are
not regarded as subjects of the right to education, however.
According to the article of the Nikkei Shimbun on 13 March 2016, it was
found that the status of some 13,000 children with foreign nationalities (16% ofchildren with foreign nationalities who are in compulsory schooling age, which is7-14 years) with regard to schooling was “unknown” according to the analysis of
the 2020 national census; the proportion is much higher than the figure forJapanese citizens (0.01%). Some 430 children with foreign nationalities (0.55%)
are found to be “out of school”; in addition, many respondents are likely torefrain from answering the question because they do not send their children ofschooling age (See Annex 5 (a) of the present Additional Information). While theschooling status of children of compulsory schooling age is usually surveyed bymunicipalities, many of them exclude foreign children from these surveys,
because the Ministry of Education explicitly mentions that “foreigners are
excluded from the survey” in the notes of “the survey form on pupils/students
who are not enrolled in school”, conducted in the annual Basic Survey on School.
(b) Issues concerning instruction of Japanese language
The number of children who need instruction of Japanese language,
which is identified through “the survey on admittance of pupils/students whoneed instruction of Japanese language” is on the continuous rise; the number
reached the highest-ever level in 2016, amounting to 34,335 children, which isan increase by 17.6% (5,137 children) from 2014 (29,198 children). The numbers
and rates of increase according to the school types are: 3,272 children (by 17.3%)
at the primary level, 983 children (by 12.6%) at the lower secondary level, 643
children (by 28.3%) at the upper secondary level and 84 children (by 47.5%) in
schools for special needs education.
In spite of the increase, the arrangements for their instruction have notbeen developed to a sufficient level. The proportion of pupils/students withforeign nationalities who are in need of Japanese instruction and who are
actually given special instruction was 76.9% (26,410 children) in 2016, having
decreased by 6.0 points since the 2014 census. Reasons for the lack of special
instruction include “lack and shortage of Japanese instructors (specializedteacher, supporters for Japanese instruction, etc.)” and “assessment that theirneeds can be accommodated through instruction in their classes”. While more
and more schools and municipalities have pupils and students who need
instruction of Japanese language, the human resources and the arrangements38

of instruction for special instruction have not been sufficiently developed, whichmeans that children with foreign nationalities are not given enoughopportunities to develop their language capacity and academic ability at school
where they are arguably given educational opportunities “to the same degree as
Japanese citizens”. Furthermore the number of children with Japanesenationality, who are of foreign origin and in need of instruction of Japanese
language, are also on the rise in recent years.
(6) Other Issues That Should Be Taken Up in This Cluster
In addition to the above, the Committee is expected to take up, among
others, the issues concerning the expansion and quality of day-care, preschool
education and after-school care (NGO Report, VII-4 and VIII-6). See V-(4) of thepresent Additional Information for the information on the need to adopt acomprehensive approach to the prevention of school violence, including bullying,corporal punishment and sexual harassment.

Table of Contents of Our NGO Report
VIII. Education, Leisure and Cultural Activities
VIII-1. Impact of the Great East Japan Earthquake and the Nuclear Accidents inFukushima
VIII-2. The Competitive Nature of the Education System Has Been Fostered throughthe Academic Ability Surveys for All Pupils/Students
VIII-3. Problems in the Present “Education Reform” Process and Strengthened State
Interference with Education
VIII-4. The Government Views Are to Be Reflected in Textbooks through the
Authorization and Adoption Process
VIII-5. The Improvement of Educational Conditions Falls behind the Needs ofChildren While Teachers’ Working Conditions Have Worsened
VIII-6. The Expansion of Preschool Education Should Be Promoted
VIII-7. Equal Educational Opportunities Should Be Provided at the Upper Secondaryand Higher Levels
VIII-8. Alternative Forms of Education Should Be Further Promoted andStrengthened
VIII-9. Human Rights and Child Rights Education Has Gone Rather Backward
VIII-10. Children of Foreign Origin Are Not Guaranteed Opportunities to Learn
Their Own Languages and Cultures
VIII-11. Foreign/Ethnic Schools in Disadvantaged Status and Institutional
Discrimination against Children in Korean Schools

Recommendations39

1. The Government should maintain the structures for reconstruction andensure the necessary budgets to resolve the problems remaining in theareas affected by the disasters in March 2011, especially the challenges in
the field of education, including through the continuation of the functions of
the Reconstruction Agency (which is to be ceased to function except inFukushima Prefecture). The merging and/or closing down of schools should
be minimized, fully taking into account the views of the children enrolled in
the schools concerned, and sufficient support should continue to be provided
to the pupils/students and teachers. Furthermore the Government should
ensure that appropriate education is provided with regard to the nuclear
accidents and the risks of radiation so that the lessons learnt from thenuclear accidents can continued to be shared.
2. The Government (especially the Ministry of Education) should thoroughly
review the organization and management of the National Survey on
Academic Ability and Learning Status in order to eliminate its contributing
effects on the stratification of schools and competitiveness in education,
including by making it a sampling survey rather than involving all thepupils/students in the specific grades.
3. The Government (especially the Ministry of Education) and municipalities
should respect the right of each school to formulate the curriculum and focus
on the development of educational arrangements for better education,refraining from interfering with what is taught in classes of each school on
the basis of the realities of children and communities. The Course of Study
should be treated a general outline and should not be used as the basis forinterfering with the content of teachings.
4. In order to reduce burdens on teachers, the Government (especially the
Ministry of Education) should decrease the number of pupils/students in aclassroom to the level of the OECD average (approximately 23 children) andtake necessary measures to ensure that teachers do not have work overtime,
including through allocating more teachers and other staff, reducing tasks
that should be performed by them and requiring school administrators tomanage their working hours properly. Other proactive measures should betaken to make teachers less busy and to realize decent work for them,including by seeking to transfer club activities to the field of social education
and by repealing the Act on Special Measures concerning the Wages ofTeachers in Compulsory Education Schools, which fosters indeterminate
overtime work.
5. In order to ensure the right to education (the right to learn) for all children,
irrespective of their nationalities, the Government (especially the Ministryof Education) should develop the arrangements at the national level to40

admit children with foreign nationalities in the same manner with children
with Japanese nationalities, including through surveying the schoolingstatus of children with foreign nationalities in the Basic Survey on School. It
is also necessary to develop appropriate curricula for improving thelanguage capacity and academic ability of children with foreign nationalities
or of foreign origin, including in terms of instruction of Japanese language
and preservation of their mother tongue, and to train and employ the
specialized staff for this purpose across the country.

(See also the recommendations in our NGO report.)
IX. Special Protection Measures / Optional Protocols(1) Separation of Children from Their Parents as a Result of Detention andDeportation of Parents in Irregular Situations
Separation of children from their parents frequently occur when theimmigration authorities deport families in irregular situations, without
protecting the best interests of the child concerned. On the other hand, it isextremely difficult for families to return to the country together when theirchildren only speak Japanese or when family members left in Japan are
refugees and at risk of persecution in the countries of origin.
(a) Case 1 (see Annex 5 (b))
In 2017, a Peruvian woman and her two children filed a lawsuit at the
Osaka District Court, seeking for special permission stay in Japan, after they
were order to be deported by the immigration authorities on the basis of theirirregular status. Her two children were born and have been brought up in
Japan; one is a junior high school student and the other is a high school student(respectively 15-years old and 17-years old as of November 2018). They argue
that the children will face difficulties in daily lives and education if they are
returned to Peru and seek for humanitarian considerations, wishing that theirbest interests are given priority and that they are permitted to stay in Japan.
(b) Case 2 (see Annex 5 (c))
It was found, on the basis of the documents and information from the
Ministry of Justice, that members of 12 Vietnamese families living in Japan
were separated from other family members, including their wives, husbands
and children, when the immigration authorities deported 47 Vietnamese inirregular situations collectively by a chartered plane in February 2017. One of
the members of the 12 families, an undocumented women (46 years of age),came to Japan using her sister’s passport in 2007 and has lived in Gunma
Prefecture with is husband (former refugee) and a 5-years-old son, both of whom
have status of residence. She was separated from her son at the office of the41

immigration authorities and deported. She said, “My son was crying. I stillcannot forget his crying voice”.
Other than the above-mentioned cases, the immigration authorities
have continued to deport undocumented immigrants as well as asylum-seekers
whose applications were rejected, resulting in cases of separation of families.
(2) The Juvenile Justice System Should Be Reconstructed in Accordance with theConvention and the Relevant International Standards(a)
The Juvenile Act has been amended four times since the majoramendments in 2000. All the amendments, however, went further against the
principles of the Convention and other relevant international instruments,
including the Beijing Rules and the Riyadh Guidelines. Specific problems
include the following:⚫ Lowering the minimum age for criminal punishment from 16 to 14;⚫ Making it a rule to apply criminal sanctions instead of protective measuresin specified cases (when the juvenile is 16 years of age and older and has
committed serious offenses that affect victims’ lives), which made it possible
to sentence a juvenile to death even if the offence was committed when
he/she was younger than 18 at time of the commission;⚫ Allowing prosecutors to be involved in juvenile proceedings, on thejustification that it is necessary to find out what happened, and expanding
the scope of the cases in which prosecutors can be involved, which has led tothe situation where juveniles hearings have become similar to criminal
trials; and,⚫ Extending the maximum period of pre-hearing detention from four weeks toeight weeks, without taking specific measures to improve the present
procedures that treat juveniles in the same manner with adults suspects atthe stages of investigation by the police and prosecutors (including theroutine use of police custody facilities after arrest and during pre-trial
detention).
In addition, it should be emphasized that the fifth amendments are
currently underway, which seek to lower the age of application of the Juvenile
Act from 20 to 18 and to treat young offenders of 18 and 19 years of age as adults.
This will lead to the complete denial of Japan’s juvenile justice after the end of
the World War II, which has succeeded in deterring delinquency among thoseunder the age of 20 years as well as youth crime. The proposed amendments
seek to prioritize criminal punishment than treatment with educational andwelfare perspectives, which is likely to cause serious violation of children’s rights(see also II-(1) of the present Additional Information).
While the number of juvenile delinquents, including who are under the42

age of criminal responsibility, has been on the decrease in Japan for almost three
decades, the victims of child abuse and neglect are on the increase. Althoughsocial awareness about the issue of child abuse and neglect has been improved,
sufficient measures have taken to prevent abuse and neglect. In addition, social
awareness about child witnesses and their expression of their views, partly
because the concept of child witnesses itself is not so familiar in Japan.
(b)With regard to preventive detention of children, a certain degree ofconsideration is given to custodial measures taken by the family court. On theother hand, the procedures for adult suspects are generally applied to arrest by
the police and detention by the prosecutor.
(c)Continuous study has not been conducted into the root causes of juvenile
delinquency and specific budgets are not allocated for this purpose, although the
Research and Training Institute of the Ministry of Justice and the Training
Institute for Family Court Research Law Clerks publish findings of such study
at time. The Supreme Court has not sought to contribute to the prevention ofjuvenile delinquency and other problems among children by widely
disseminating the findings about the root causes of juvenile delinquency, whichshould have been compiled through the practical experience of and study by thefamily courts. In addition, sufficient attention has not been paid in research
about juvenile delinquency in Japan to the socio-economic conditions, seriously
affected by the global economy since the late 1990s, including the increasingly
unstable nature of labour market, the decline of the national income as well as
the emerging issues of poverty and economic discrepancies.
For more information about these issues, see Annex 6 of the present
Additional Information as well as our NGO Report (XI-B and Annex II-7).
(3) OPSC: Children Are Continued to Be at Risk of Sexual and Other Forms of
Exploitation
Although the Government’s written replies (paras. 122-124) explain only
about transnational human trafficking, the number of victims of trafficking withJapanese nationality (some of whom are children) is also increasing mainly incases of forced prostitution under confinement. The actual situation of suchtrafficking is not adequately clear, although the Government has taken certain
measures in this regard as well (see also our NGO Report, XII-A-1).
In the context of the commercialization and sexualization of children(see our NGO Report XII-A-2 and -4), cases of child prostitution and childpornography continue to occur. For example, according to the National Police
Agency, the number of victims of the offenses under the Act against Child
Prostitution and Child Pornography has increased from 1,678 in 2011 to 2,113 in
2015. The number of the persons arrested in child pornography cases amounted
43

to 1,483 in 2015; the number of victims (under the age of 20) was 905, and some
80% of them were secondary school students (39.7% were junior high school
students and 41.3% were high school students).
Among child pornography cases, victims of “being asked or forced to takeand transmit pornographic selfies” are most common (36.6%) and the number isincreasing; the second most common form of such offenses is “peeping photos”(32.4%), according to the National Police Agency. In this regard, the Tokyo
Metropolitan Assembly amended its Ordinance Regarding Healthy
Development of Youth in February 2018, criminalizing the act of wrongfully
demanding children to transmit self-images equivalent to child pornography.
On the other hand, the number of parlors involved in what is called “JK(high school girl) business”, confirmed by the National Police Agency as of June
2017, was 114 (not including the businesses operating without parlors).
Approximately 70% of the parlors were in Tokyo and 25% in Osaka; the mostcommon form was “massage services” provided by high school girls in school
uniform. The Tokyo Metropolitan Office found that the number of such parlors
increased from 136 in 2014 to 174 in 2016 and that many of them took the formof “having tea with high school girls”, “reflexology by high school girls” and“combination of reflexology by and taking a walk with high school girls”. Some
prefectures, including Tokyo, Kanagawa and Aichi, have started to regulate thebusiness through local ordinances.
With regard to victims of such offenses, the police started the operationof “cyber protection and guidance of youth” on a pilot basis in April 2013 andofficially in October in the same year. In this operation, the police conducts“cyber patrol” by monitoring online posts inducing “enjo kosai” (compensateddating, often involving sexual contact) or trade of used underwear, and seek tohave direct contact with the children who posted such messages by exchanging
e-mails or text messages as “customers”. The number of children who were
protected in this process was 158 in 2013 and 439 in 2014; 95.8% of them weregirls and the youngest one was 13 years old. Most of the inappropriate messages
posted by the girls who were subjected to “cyber protection and guidance ofyouth” were concerned with “enjo kosai” (approximately two thirds), trade ofused underwear (approximately one third) and the combination of the two(1.3%). About half of them had been victims of child prostitution or other forms
of offenses against welfare of children. On the other hand, the police has failed tohave direct contact with these children in 11,995 cases, which shows that thecyber approach is not necessarily effective. The similar approach is not takenwith regard to customers who seek to contact children online.

Table of Contents of Our NGO Report44

IX. Special Protection Measures
IX-A: Trafficking in Persons & Sexual Exploitation
IX-A-1. The Efforts against Child Trafficking Remains Inadequate
IX-A-2. Commercialization and Sexualization of Children
IX-A-3. Child Labour and Exploitation of Part-time Child Workers
IX-A-4. Optional Protocol on the Sale of Children, Child Prostitution and Child
Pornography
IX-B: Juvenile Justice
IX-B-1. Growing Gaps between the Convention and the Domestic Law through a
Series of Amendments to the Juvenile Act
IX-B-2. Criminalization of Juvenile Justice
IX-B-3. Increased Restrictions on Personal Liberty of Children Involved in Justice
Procedures
IX-B-4. Inadequate Access to Education for Children in Detention
IX-B-5. Police-Led Measures for Children with Delinquent Behavior and Other
Challenges

Recommendations
1. With regard to undocumented children, the Government (especially the
Ministry of Justice) should prioritize the best interests of the child andrefrain from separating them from their parents and other family members,
including by reviewing the deportation procedures and granting themspecial permission to stay, taking into account their circumstances. The
declarations on Article 9 (1) and 10 (1) of the Convention should be
withdrawn.
2. In the light of the Convention and the relevant international instruments,
the Government (especially the Ministry of Justice) and the Diet should
undertake a comprehensive review of the policies concerning the preventionof juvenile delinquency and crime, in particular in accordance with the
Beijing Rules, and correspondingly amend the Juvenile Act again.
3. The Government should seek to prevent and prohibit different forms ofsexual exploitation of children more effectively, including through further
amending the Act against Child Prostitution and Child Pornography. In thiscontext, the principle that children should be treated as victims must be
adhered to, and priority should be given to the provision of necessary
support to victims of sexual exploitation.

(See also the recommendations in our NGO report.)45

List of Annex
Annex 1: Society for Abolishing the Family Registration System and Discriminations
against Children Born out of Wedlock (AFRDC) – Discrimination against Children
Born Out of Wedlock
Annex 2: Human Rights Association of Korean Residents in Japan (HURAK) –Extract of Concluding Observations by International Human Rights Bodies,
relating to the Issues of Korean Schools
Annex 3: Status of Children in Okinawa
Annex 4: Save the Children Japan – Corporal Punishment
Annex 5: Solidarity Network with Migrants Japan (SMJ) and Hurights Osaka –Migrant Children
Annex 6: Children & Law 21 – Juvenile Justice46