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COMMITTEE ON RIGHTS OF CHILD CONSIDERS SECOND PERIODIC REPORT OF JAPAN
28 January 2004
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28 January 2004
The Committee on the Rights of the Child today considered the second periodic report of Japan on that country’s efforts to implement the provisions of the Convention on the Rights of the Child.
Introducing the report, Shotaro Oshima, Ambassador and Permanent Representative of Japan to the United Nations Office at Geneva, said that during the last five years, the Government had made further concrete efforts for the protection and promotion of the rights of children in the country, as well as the improvement of their well being, concerning both legal and administrative aspects.
Mr. Oshima said that in order to strengthen the coordination mechanisms of the Government concerning the implementation of the provisions of the Convention, the Government had set up the Cabinet Office in January 2001for overall coordination and policy planning, with the Prime Minister as its head.
In preliminary concluding remarks, Committee Expert Yanghee Lee, who served as country rapporteur to the report of Japan, said the dialogue had indeed been very fruitful and the Committee now had a better view of the situation of children in the country. Although Japan was determined to uphold the rights of the child, there still remained many areas that the State party could and should work on to make the country fit for all children.
The Committee will release its formal, written concluding observations and recommendations on the report of Japan before the end of its three-week session which will conclude on Friday, 30 January.
Also representing Japan were Shigeru Endo, Ambassador and Deputy Permanent Representative of Japan to the United Nations Office at Geneva; Hidenobu Sobashima, Minster, Tamaki Tsukada, Counsellor, Takashi Shibuya, First Secretary, and Yuki Matsuoka, Special Advisor, Permanent Mission of Japan in Geneva; Misako Kaji, Director, Yasushi Fuke, and Toru Sugio, Officials, Human Rights and Humanitarian Affairs Division, Ministry of Foreign Affairs; Hiroshi Itoh, Counsellor, and Akiko Ito, Official, from the Cabinet Office; Akira Kusume, Police Superintendent, National Police Agency; Tsuyoshi Hamada, Attorney, Keisuke Kamai, Attorney, Yukiko Yamada, Attorney, Hiroshi Shigematsu, Juvenile Education Coordinator, Ministry of Justice; Katsuyuki Wada, Deputy Director, and Toru Kameda, Deputy Director, Ministry of Education, Culture, Sports, Science and Technology; and Shigeo Hayashi, Director, Masashi Aizawa, Specialist for Child Welfare, Ministry of Health, Labour and Welfare.
As one of 192 States parties to the Convention, Japan is obliged to present periodic reports to the Committee on its efforts to comply with the provisions of the treaty.
When the Committee meets at 10 a.m. on Thursday, 29 January, it is scheduled to deal with its remaining work in a private meeting. On Friday, 30 January at 10 a.m., it will meet in public to adopt its report and issue its concluding observations on country reports it has considered before closing its three-week session.
Report of Japan
The second periodic report of Japan (CRC/C/104/Add.2) provides information on the efforts of the State party to comply with the provisions of the Convention on the Rights of the Child since the submission of its initial report in 1998. It states that in October 1999, the population of children under 18 years of age stood at about 23 million, accounting for 18.4 per cent of the total population. Families with children totalled about 13 million, representing 29.3 per cent of households. When the National Action Programme for 2000 was drawn up in December 1991, children accounted for 23 per cent of the total population and families with children for 38.5 per cent of households. The number of children has continued decreasing since then, which is a serious problem for the country. The Government is taking measures to curb the decline.
Japan has been expanding its welfare and educational programmes, the report notes. All these programmes have attained a high level of achievement. By continuing these programmes, the Government intends to improve children’s welfare programmes and universal access to basic education. As Japanese society becomes more and more complex, the social and family environments of children are undergoing major changes. New social problems have emerged, such as child prostitution, child pornography, bullying, juvenile delinquency, suicide, drug abuse and child abuse, and these continue to worsen. The Government is facing these problems which have to be addressed urgently and effectively.
Introductory Statement
SHOTARO OSHIMA, Ambassador and Permanent Representative of Japan to the United Nations Office at Geneva, said that since his country had submitted its initial report, the Government had made concrete efforts towards the protection and promotion of the rights of children in the country, as well as the improvement of their well-being, both concerning legal and administrative aspects. In order to strengthen the coordination mechanisms of the Government concerning implementation of the provisions of the Convention on the Rights of the Child, the Government had set up the Cabinet Office in January 2001. The office sought means for overall coordination and policy planning for matters identified as important issues for the State.
Mr. Oshima said that in December 2003, the Government had formulated the “National Youth Development Policy”, which comprised all the basic principles and directions of the Government’s intermediate and long-term programmes for a sound development of the youth in Japan. It was indicated that policies and measures related to the youth should be properly promoted in accordance with the promotion and protection of the rights of children and youth, as stated in the Convention.
In accordance with the Committee’s recommendations, Mr. Oshima continued, Japan had enacted a law in 1999 against child prostitution and child pornography, for the protection of children. The law had achieved significant results in eradicating acts related to child prostitution and child pornography as well as in raising awareness that those acts were serious crimes that impeded the rights and dignity of children. In addition, Japan had ratified International Labour Organization (ILO) Convention 182 on the prohibition of the worst forms of child labour.
Taking into account the Committee’s recommendations, the Government had now promoted education to pay full attention to the rights of the child, Mr. Oshima said. As of April 2002, the Government had introduced a five-day school week system in all public schools, enabling children to spend more time at home and to participate in the local community, where they could cultivate abilities to think and learn on their own.
Regarding the improvement and expansion of the system of Human Rights Volunteers for Children’s Rights Protection, which was recommended by the Committee, Mr. Oshima said that there were now approximately 700 members, an increase of 100 since the review of the initial report in 1998. The Government was also going to undertake the comprehensive reinforcement of the child counselling system. Municipalities would carry out the task of counselling, mainly of parents on general matters such as child health and child rearing, and they would focus on more difficult cases that included child abuse and juvenile delinquency.
Mr. Oshima said that activities by non-governmental organizations had been growing significantly in recent years; and there was a growing tendency by the Government to construct better relations with civil society. The Government would continue to strengthen cooperation with civil society towards the improvement of the environment surrounding children.
Discussion
YANGHEE LEE, the Committee Expert who served as country rapporteur to the report of Japan, said that the country was one of the most developed States and it was among the leading donors in humanitarian and development assistance. She noted that Japan had not yet ratified the two Optional Protocols to the Convention and it had not yet submitted its initial report under the Convention against Torture. She asked about the implementation of the other recommendations made by the Committee during its consideration of the initial report.
Ms. Lee asked if the Government had set up an ombudsman for the rights of children or a similar institution operating in accordance with the Paris Principles. She also asked if the laws enacted during the last five years reflected the best interest of the child and if the views of children were taken into consideration. On the right to life, she asked about the measures taken by the State party against deaths related to accidents and acts of suicide. What role had non-governmental organizations and children played in the preparation of the report?
Ms. Lee said that Japan had not withdrawn its reservations and declarations on the Convention; could the delegation explain why? In the previous conclusions, the Committee had recommended that the Government strengthen coordination among various governmental mechanisms involved in children’s rights; however, there was no indication of that in the report. There were some positive initiatives at the local level in terms of monitoring but not at the national level.
LUIGI CITARELLA, the Committee Expert who also served as country rapporteur to the report of Japan, asked if the provisions of the Convention were invoked before Japanese courts. On the definition of the child, he said that some of the age limits were not compatible with the definition provided for in the Convention. He said that there had been incidents of discrimination against minorities, such as Koreans and refugees, with regard to their participation in social affairs. Referring to children born out of wedlock, the Expert said that they were excluded from enjoying their full rights when compared to children born within a marriage. The way in which the Convention was implemented should be improved to better protect all children without exception.
Other Experts asked if the Prime Minister, who chaired the cabinet office which coordinated children’s affairs, had enough time to chair the office? Did the Human Rights Commission operate independently as provided for in the Paris Principles? How did the State party assess the understanding of the Convention by the Japanese public?
Another Expert asked about the participation of children in seminars designed to promote and protect their rights. Did the State evaluate the impact of the measures taken to promote the rights of children? How independent were the mechanisms set up to deal with child rights?
The Committee had recommended that the State party take measures with regard to children of minorities, an Expert said. Did the educational reform benefit this category of children? Had the Government adopted a strategy against the stress children felt due to the high degree of competitiveness in the society?
Another Expert said that the children of Japan were enjoying a high level of protection due to the country’s high level of development. She then indicated that the report lacked statistical data on the rate of acts of suicide and sexual crimes. The delegation was asked to comment on the fact that acts of racial discrimination were not dealt with properly. The delegation was also requested to react to claims that Korean children were urged to take Japanese names to avoid discrimination.
Japanese children enjoyed a high level of living standard, but their situation was welfare-oriented rather than rights-based, an Expert said. The report used the term of “illegitimate children” instead of the more accepted “children born out of wedlock”.
Other Committee Experts also raised questions on the budgetary allocation for activities concerning children’s rights; the enjoyment of economic, social and cultural rights by children; the situation of children in Buraku and Okinawa; the attention given to children with disabilities; the representation of children in school management; the low age of sexual consent; the harmonization of age groups for boys and girls; and the reasons for Japan not withdrawing its reservations and declarations on the Convention.
Responding, the delegation said that the office of the cabinet for children’s rights was set up in 2001 and a number of officials were involved in its activities. Since the Prime Minister was busy, most of the meetings were arranged according to his availability while the work was carried out effectively by the secretariat of the cabinet office. The General-Secretary of the cabinet office was responsible for overall activities.
Disciplinary measures in schools were taken within the school educational system and the views of the child were taken into consideration, the delegation said. In other matters, children were allowed to express their opinion and they fully participated in school activities. The initiatives of children within the school system were also taken into account.
The bill on the human rights commission had not yet been adopted due to the dissolution of the Diet last autumn, the delegation said. Once created, the commission would be independent and its status would be guaranteed. It would not be bound by the supervision of the Ministry of Justice.
The Committee Experts continued to raise further questions. An Expert noted that children were banned from political activities; what was the reason? There had been reports on the violation of the right to privacy of children. Although corporal punishment was legally banned, its use in schools had been reported. What measures did the State party take in terms of inclusive education and to socially integrate children with disabilities? What were the reasons for the high rate of non-attendance and the dropouts? What was the aim of education? She also wished to find out more about the “new angel plan” and the privatisation of early childhood education. What steps were taken in terms of trying to abolish young girls engaging in sexual relationships with older men?
Other Committee Experts also queried the delegation, among other things, on causes of suicide; the practice of corporal punishment in the family and school; the prevention of bullying; freedom of thought and expression; teaching in minority languages; additional measures on stress-relieving in schools; reduction of the causes leading to mental health problems; involvement of parents in schools; exclusivity of breastfeeding; the HIV/AIDS pandemic; drug abuse; the situation of children in Okinawa; the role of Japanese fathers; the different kinds of adoption processes; the low number of children in foster families; children born out of wedlock; stateless children; and measures against child abuse and neglect.
Responding, the delegation said that the Government was aware of the problem of children in Okinawa and was planning to take adequate measures aimed at reducing these problems.
The provisions of the Convention were specifically mentioned in many of the textbooks distributed to children in schools, the delegation said. Also school guidance had been improved and further efforts would be made in the future.
Opportunities to enter universities had been expanded to allow as many students as possible to continue their studies, the delegation said. The opportunity was open to all students who satisfied the requirements, without distinction. Graduates of foreign schools accredited by international qualifying agencies could be admitted to Japanese universities.
Asked about educational access by children of Ainu people, the delegation said that they had equal access to any form of education like other Japanese children.
Only four cases of HIV/AIDS child infection had been recorded in 2002, the delegation said. During the last decade, there had been less than 10 known cases each year.
The effect of the decline in fertility was being felt in Japanese society. This had prompted the Government to adopt the New Angel Plan, the delegation said. Additional measures were taken to expand kindergarten schools so that more children could be admitted. In the handbooks distributed to mothers, the importance of breastfeeding was emphasized.
Twenty years was the age of majority according to the Japanese civil code, the delegation said. Receiving hospital treatment in a hospital constituted a “contract”, thus only children who reached the majority age could sign in to be treated. In the event that children signed such a contract with a medical institution, parents had the right to revoke it any time.
In 2002, 22,000 cases of bullying in schools had been reported, the delegation said. The number of cases had been reduced for the last seven consecutive years due to the measures taken by the educational authorities to avert such incidents. Schoolteachers protected children from being bullied.
If a girl of 13 years old consented to have sexual intercourse with an older man, the act was not considered as rape, the delegation. However, the situation had changed since 1999, when a law on child prostitution and child pornography had been put in place. If any form of remuneration was involved, the adult could be prosecuted under the1999 law.
Asked why night schools had been closed in Tokyo, the delegation said that the reasons might be attributed to the shortage of adequate numbers of students or the possibility for the students to pursue their studies in other institutions. The authority to maintain or close night schools was in the hands of local or regional officials.
The Committee Experts raised further questions, among other things, on the eating habits of children and problems of obesity; if juvenile delinquents received life imprisonment; the degrading treatment of children in detention; extraterritorial application of the law on sexual abuse; the situation of refugee children; deportation of foreign children; lengthy pre-trial periods of up to eight months; and the timeframe in which a decision by a juvenile court could be overturned.
In response, the delegation said that schools were open to the participation of parents in school activities and policies.
The approval of a court was essential with regard to inter-country adoption, the delegation said. However, no specific data was available on the overseas adoption of Japanese children.
Concerning detention with the view of deportation, the delegation said that the procedure applied to both adults and children. Actual detention for illegal entry of the country could be avoided in the event of ailment and hospitalisation. Appeals could be filed according to the judgment pronounced by the courts. Special permission to stay in the country could also be issued, and about 6,000 permits had been granted last year. During the same year, 305 refugees had been granted status while the requests of 1,932 individuals had been rejected.
Preliminary Concluding Remarks
YANGHEE LEE, the Committee Expert who served as country rapporteur to the report of Japan, said the dialogue had indeed been very fruitful. Japan was determined to uphold the rights of the child. However, there still remained many areas that the State party could and should work on to make the country fit for all children. The Committee would be repeating many of its recommendations made when the initial report was considered.
Ms. Lee said that the final conclusions, among other things, would urge again that the State party withdraw its reservations and declarations; recommend a more rights-based approach in enactment and implementation of new laws and policies, keeping in mind the principles of respect for the views of the child and the best interest of the child: and suggest that a coordinative mechanism and independent monitoring system be set up.
Further, it would also recommend that the State party should strive to abolish de jure and de facto discrimination against children with disabilities, Buraku children, 24,000 Ainu children, children born out of wedlock, and other minority children, including 690,000 children of Korean descent in terms of the right to education, leisure and cultural activities. Those children should have the right to be educated in their mother tongue and to learn about their culture. The State party would also be urged to ratify the two Optional Protocols to the Convention.
LUIGI CITARELLA, the Committee Expert who also served as country rapporteur to the report to Japan, thanked the delegation for the effective approach during the discussion. He felt that apart from the recommendations that would be formulated by the Committee, Japan should apply global policy for the rights of children.
* *** *
The Committee on the Rights of the Child today considered the second periodic report of Japan on that country’s efforts to implement the provisions of the Convention on the Rights of the Child.
Introducing the report, Shotaro Oshima, Ambassador and Permanent Representative of Japan to the United Nations Office at Geneva, said that during the last five years, the Government had made further concrete efforts for the protection and promotion of the rights of children in the country, as well as the improvement of their well being, concerning both legal and administrative aspects.
Mr. Oshima said that in order to strengthen the coordination mechanisms of the Government concerning the implementation of the provisions of the Convention, the Government had set up the Cabinet Office in January 2001for overall coordination and policy planning, with the Prime Minister as its head.
In preliminary concluding remarks, Committee Expert Yanghee Lee, who served as country rapporteur to the report of Japan, said the dialogue had indeed been very fruitful and the Committee now had a better view of the situation of children in the country. Although Japan was determined to uphold the rights of the child, there still remained many areas that the State party could and should work on to make the country fit for all children.
The Committee will release its formal, written concluding observations and recommendations on the report of Japan before the end of its three-week session which will conclude on Friday, 30 January.
Also representing Japan were Shigeru Endo, Ambassador and Deputy Permanent Representative of Japan to the United Nations Office at Geneva; Hidenobu Sobashima, Minster, Tamaki Tsukada, Counsellor, Takashi Shibuya, First Secretary, and Yuki Matsuoka, Special Advisor, Permanent Mission of Japan in Geneva; Misako Kaji, Director, Yasushi Fuke, and Toru Sugio, Officials, Human Rights and Humanitarian Affairs Division, Ministry of Foreign Affairs; Hiroshi Itoh, Counsellor, and Akiko Ito, Official, from the Cabinet Office; Akira Kusume, Police Superintendent, National Police Agency; Tsuyoshi Hamada, Attorney, Keisuke Kamai, Attorney, Yukiko Yamada, Attorney, Hiroshi Shigematsu, Juvenile Education Coordinator, Ministry of Justice; Katsuyuki Wada, Deputy Director, and Toru Kameda, Deputy Director, Ministry of Education, Culture, Sports, Science and Technology; and Shigeo Hayashi, Director, Masashi Aizawa, Specialist for Child Welfare, Ministry of Health, Labour and Welfare.
As one of 192 States parties to the Convention, Japan is obliged to present periodic reports to the Committee on its efforts to comply with the provisions of the treaty.
When the Committee meets at 10 a.m. on Thursday, 29 January, it is scheduled to deal with its remaining work in a private meeting. On Friday, 30 January at 10 a.m., it will meet in public to adopt its report and issue its concluding observations on country reports it has considered before closing its three-week session.
Report of Japan
The second periodic report of Japan (CRC/C/104/Add.2) provides information on the efforts of the State party to comply with the provisions of the Convention on the Rights of the Child since the submission of its initial report in 1998. It states that in October 1999, the population of children under 18 years of age stood at about 23 million, accounting for 18.4 per cent of the total population. Families with children totalled about 13 million, representing 29.3 per cent of households. When the National Action Programme for 2000 was drawn up in December 1991, children accounted for 23 per cent of the total population and families with children for 38.5 per cent of households. The number of children has continued decreasing since then, which is a serious problem for the country. The Government is taking measures to curb the decline.
Japan has been expanding its welfare and educational programmes, the report notes. All these programmes have attained a high level of achievement. By continuing these programmes, the Government intends to improve children’s welfare programmes and universal access to basic education. As Japanese society becomes more and more complex, the social and family environments of children are undergoing major changes. New social problems have emerged, such as child prostitution, child pornography, bullying, juvenile delinquency, suicide, drug abuse and child abuse, and these continue to worsen. The Government is facing these problems which have to be addressed urgently and effectively.
Introductory Statement
SHOTARO OSHIMA, Ambassador and Permanent Representative of Japan to the United Nations Office at Geneva, said that since his country had submitted its initial report, the Government had made concrete efforts towards the protection and promotion of the rights of children in the country, as well as the improvement of their well-being, both concerning legal and administrative aspects. In order to strengthen the coordination mechanisms of the Government concerning implementation of the provisions of the Convention on the Rights of the Child, the Government had set up the Cabinet Office in January 2001. The office sought means for overall coordination and policy planning for matters identified as important issues for the State.
Mr. Oshima said that in December 2003, the Government had formulated the “National Youth Development Policy”, which comprised all the basic principles and directions of the Government’s intermediate and long-term programmes for a sound development of the youth in Japan. It was indicated that policies and measures related to the youth should be properly promoted in accordance with the promotion and protection of the rights of children and youth, as stated in the Convention.
In accordance with the Committee’s recommendations, Mr. Oshima continued, Japan had enacted a law in 1999 against child prostitution and child pornography, for the protection of children. The law had achieved significant results in eradicating acts related to child prostitution and child pornography as well as in raising awareness that those acts were serious crimes that impeded the rights and dignity of children. In addition, Japan had ratified International Labour Organization (ILO) Convention 182 on the prohibition of the worst forms of child labour.
Taking into account the Committee’s recommendations, the Government had now promoted education to pay full attention to the rights of the child, Mr. Oshima said. As of April 2002, the Government had introduced a five-day school week system in all public schools, enabling children to spend more time at home and to participate in the local community, where they could cultivate abilities to think and learn on their own.
Regarding the improvement and expansion of the system of Human Rights Volunteers for Children’s Rights Protection, which was recommended by the Committee, Mr. Oshima said that there were now approximately 700 members, an increase of 100 since the review of the initial report in 1998. The Government was also going to undertake the comprehensive reinforcement of the child counselling system. Municipalities would carry out the task of counselling, mainly of parents on general matters such as child health and child rearing, and they would focus on more difficult cases that included child abuse and juvenile delinquency.
Mr. Oshima said that activities by non-governmental organizations had been growing significantly in recent years; and there was a growing tendency by the Government to construct better relations with civil society. The Government would continue to strengthen cooperation with civil society towards the improvement of the environment surrounding children.
Discussion
YANGHEE LEE, the Committee Expert who served as country rapporteur to the report of Japan, said that the country was one of the most developed States and it was among the leading donors in humanitarian and development assistance. She noted that Japan had not yet ratified the two Optional Protocols to the Convention and it had not yet submitted its initial report under the Convention against Torture. She asked about the implementation of the other recommendations made by the Committee during its consideration of the initial report.
Ms. Lee asked if the Government had set up an ombudsman for the rights of children or a similar institution operating in accordance with the Paris Principles. She also asked if the laws enacted during the last five years reflected the best interest of the child and if the views of children were taken into consideration. On the right to life, she asked about the measures taken by the State party against deaths related to accidents and acts of suicide. What role had non-governmental organizations and children played in the preparation of the report?
Ms. Lee said that Japan had not withdrawn its reservations and declarations on the Convention; could the delegation explain why? In the previous conclusions, the Committee had recommended that the Government strengthen coordination among various governmental mechanisms involved in children’s rights; however, there was no indication of that in the report. There were some positive initiatives at the local level in terms of monitoring but not at the national level.
LUIGI CITARELLA, the Committee Expert who also served as country rapporteur to the report of Japan, asked if the provisions of the Convention were invoked before Japanese courts. On the definition of the child, he said that some of the age limits were not compatible with the definition provided for in the Convention. He said that there had been incidents of discrimination against minorities, such as Koreans and refugees, with regard to their participation in social affairs. Referring to children born out of wedlock, the Expert said that they were excluded from enjoying their full rights when compared to children born within a marriage. The way in which the Convention was implemented should be improved to better protect all children without exception.
Other Experts asked if the Prime Minister, who chaired the cabinet office which coordinated children’s affairs, had enough time to chair the office? Did the Human Rights Commission operate independently as provided for in the Paris Principles? How did the State party assess the understanding of the Convention by the Japanese public?
Another Expert asked about the participation of children in seminars designed to promote and protect their rights. Did the State evaluate the impact of the measures taken to promote the rights of children? How independent were the mechanisms set up to deal with child rights?
The Committee had recommended that the State party take measures with regard to children of minorities, an Expert said. Did the educational reform benefit this category of children? Had the Government adopted a strategy against the stress children felt due to the high degree of competitiveness in the society?
Another Expert said that the children of Japan were enjoying a high level of protection due to the country’s high level of development. She then indicated that the report lacked statistical data on the rate of acts of suicide and sexual crimes. The delegation was asked to comment on the fact that acts of racial discrimination were not dealt with properly. The delegation was also requested to react to claims that Korean children were urged to take Japanese names to avoid discrimination.
Japanese children enjoyed a high level of living standard, but their situation was welfare-oriented rather than rights-based, an Expert said. The report used the term of “illegitimate children” instead of the more accepted “children born out of wedlock”.
Other Committee Experts also raised questions on the budgetary allocation for activities concerning children’s rights; the enjoyment of economic, social and cultural rights by children; the situation of children in Buraku and Okinawa; the attention given to children with disabilities; the representation of children in school management; the low age of sexual consent; the harmonization of age groups for boys and girls; and the reasons for Japan not withdrawing its reservations and declarations on the Convention.
Responding, the delegation said that the office of the cabinet for children’s rights was set up in 2001 and a number of officials were involved in its activities. Since the Prime Minister was busy, most of the meetings were arranged according to his availability while the work was carried out effectively by the secretariat of the cabinet office. The General-Secretary of the cabinet office was responsible for overall activities.
Disciplinary measures in schools were taken within the school educational system and the views of the child were taken into consideration, the delegation said. In other matters, children were allowed to express their opinion and they fully participated in school activities. The initiatives of children within the school system were also taken into account.
The bill on the human rights commission had not yet been adopted due to the dissolution of the Diet last autumn, the delegation said. Once created, the commission would be independent and its status would be guaranteed. It would not be bound by the supervision of the Ministry of Justice.
The Committee Experts continued to raise further questions. An Expert noted that children were banned from political activities; what was the reason? There had been reports on the violation of the right to privacy of children. Although corporal punishment was legally banned, its use in schools had been reported. What measures did the State party take in terms of inclusive education and to socially integrate children with disabilities? What were the reasons for the high rate of non-attendance and the dropouts? What was the aim of education? She also wished to find out more about the “new angel plan” and the privatisation of early childhood education. What steps were taken in terms of trying to abolish young girls engaging in sexual relationships with older men?
Other Committee Experts also queried the delegation, among other things, on causes of suicide; the practice of corporal punishment in the family and school; the prevention of bullying; freedom of thought and expression; teaching in minority languages; additional measures on stress-relieving in schools; reduction of the causes leading to mental health problems; involvement of parents in schools; exclusivity of breastfeeding; the HIV/AIDS pandemic; drug abuse; the situation of children in Okinawa; the role of Japanese fathers; the different kinds of adoption processes; the low number of children in foster families; children born out of wedlock; stateless children; and measures against child abuse and neglect.
Responding, the delegation said that the Government was aware of the problem of children in Okinawa and was planning to take adequate measures aimed at reducing these problems.
The provisions of the Convention were specifically mentioned in many of the textbooks distributed to children in schools, the delegation said. Also school guidance had been improved and further efforts would be made in the future.
Opportunities to enter universities had been expanded to allow as many students as possible to continue their studies, the delegation said. The opportunity was open to all students who satisfied the requirements, without distinction. Graduates of foreign schools accredited by international qualifying agencies could be admitted to Japanese universities.
Asked about educational access by children of Ainu people, the delegation said that they had equal access to any form of education like other Japanese children.
Only four cases of HIV/AIDS child infection had been recorded in 2002, the delegation said. During the last decade, there had been less than 10 known cases each year.
The effect of the decline in fertility was being felt in Japanese society. This had prompted the Government to adopt the New Angel Plan, the delegation said. Additional measures were taken to expand kindergarten schools so that more children could be admitted. In the handbooks distributed to mothers, the importance of breastfeeding was emphasized.
Twenty years was the age of majority according to the Japanese civil code, the delegation said. Receiving hospital treatment in a hospital constituted a “contract”, thus only children who reached the majority age could sign in to be treated. In the event that children signed such a contract with a medical institution, parents had the right to revoke it any time.
In 2002, 22,000 cases of bullying in schools had been reported, the delegation said. The number of cases had been reduced for the last seven consecutive years due to the measures taken by the educational authorities to avert such incidents. Schoolteachers protected children from being bullied.
If a girl of 13 years old consented to have sexual intercourse with an older man, the act was not considered as rape, the delegation. However, the situation had changed since 1999, when a law on child prostitution and child pornography had been put in place. If any form of remuneration was involved, the adult could be prosecuted under the1999 law.
Asked why night schools had been closed in Tokyo, the delegation said that the reasons might be attributed to the shortage of adequate numbers of students or the possibility for the students to pursue their studies in other institutions. The authority to maintain or close night schools was in the hands of local or regional officials.
The Committee Experts raised further questions, among other things, on the eating habits of children and problems of obesity; if juvenile delinquents received life imprisonment; the degrading treatment of children in detention; extraterritorial application of the law on sexual abuse; the situation of refugee children; deportation of foreign children; lengthy pre-trial periods of up to eight months; and the timeframe in which a decision by a juvenile court could be overturned.
In response, the delegation said that schools were open to the participation of parents in school activities and policies.
The approval of a court was essential with regard to inter-country adoption, the delegation said. However, no specific data was available on the overseas adoption of Japanese children.
Concerning detention with the view of deportation, the delegation said that the procedure applied to both adults and children. Actual detention for illegal entry of the country could be avoided in the event of ailment and hospitalisation. Appeals could be filed according to the judgment pronounced by the courts. Special permission to stay in the country could also be issued, and about 6,000 permits had been granted last year. During the same year, 305 refugees had been granted status while the requests of 1,932 individuals had been rejected.
Preliminary Concluding Remarks
YANGHEE LEE, the Committee Expert who served as country rapporteur to the report of Japan, said the dialogue had indeed been very fruitful. Japan was determined to uphold the rights of the child. However, there still remained many areas that the State party could and should work on to make the country fit for all children. The Committee would be repeating many of its recommendations made when the initial report was considered.
Ms. Lee said that the final conclusions, among other things, would urge again that the State party withdraw its reservations and declarations; recommend a more rights-based approach in enactment and implementation of new laws and policies, keeping in mind the principles of respect for the views of the child and the best interest of the child: and suggest that a coordinative mechanism and independent monitoring system be set up.
Further, it would also recommend that the State party should strive to abolish de jure and de facto discrimination against children with disabilities, Buraku children, 24,000 Ainu children, children born out of wedlock, and other minority children, including 690,000 children of Korean descent in terms of the right to education, leisure and cultural activities. Those children should have the right to be educated in their mother tongue and to learn about their culture. The State party would also be urged to ratify the two Optional Protocols to the Convention.
LUIGI CITARELLA, the Committee Expert who also served as country rapporteur to the report to Japan, thanked the delegation for the effective approach during the discussion. He felt that apart from the recommendations that would be formulated by the Committee, Japan should apply global policy for the rights of children.
* *** *