1. This is the statement of fundamental principles set out in the Children's Charter of Japan, established and declared in 1951 with the rise of public awareness and popular movement at that time. Ever since then, it has been recognized by many Japanese people as a significant philosophy acknowledging the fundamental rights of children and promising to guarantee and promote their well-being. With the ratification of the Convention on the Rights of the Child on April 22, 1994 as a turning point, the awareness of the rights of children has continued to grow, and the spirit of respecting and protecting the rights of children is now understood among theJapanese people more than ever before.

2. The protection of fundamental human rights is the important pillar of the Constitution of Japan, of which Article 97 stipulates that fundamental human rights are "conferred upon this and future generations in trust, to be held for all time inviolate." These fundamental human rights include: (i) civil liberties such as the right to liberty and the rights to freedom of expression, thought, conscience and religion; (ii) social rights such as the right to receive education and the right to maintain the minimum standards of wholesome and cultured living.

3. The Constitution protects the fundamental rights of children as well. Especially in the interests of children, the Child Welfare Law was established in 1947 in recognition of the need to promote child welfare both in mind and body. Article 1 of the Child Welfare Law provides that "all people shall strive to ensure the sound birth and growth of children, both in mind and body. The livelihood of each and every child shall equally be guaranteed and protected." This provision not only elucidates that all people as members of society, including parents, guardians and teachers, have responsibility for sound child rearing, considering the best interests of the child in each individual case, but also upholds that each child must be respected as a human being so as to enjoy the fundamental human rights equally without any discrimination in that respect. Article 2 of the said Law prescribes that "the State and local public entities bear responsibility for the sound mental and physical growth of children," explicitly defining the duty of the State and local public entities for child welfare. In addition, Article 3 of the said Law stipulates that "the principles stipulated in the preceding two articles guarantee the welfare of children and shall be observed at all times in the enforcement of all laws and ordinances concerning children," clarifying that the principles of child welfare as provided for in Articles 1 and 2 must be respected in the execution of any law or ordinance relating to children, not only the Child Welfare Law. The Japanese government, under such basic principles which conform to the spirit of the Convention, has been developing various measures relating to welfare and education, etc.

4. In terms of welfare, under the Child Welfare Law the Japanese government expands child welfare facilities such as Child Guidance Centers, nursing facilities and day-care centers, enhances the protection of children and assists households. Moreover, under the Maternal and Child Health Law, which aims to maintain and promote maternal and child health, it provides various maternal and child health services such as: health guidance for pregnant women, infants and toddlers; health examination of three-year olds; nutrition improvement assistance; nursing and medical assistance of premature babies; and issuing of the Maternal and Child Health Handbook. To assist child rearing, furthermore, it provides allowances under the Child Allowance Law and other relevant laws, which contribute to the promotion of child welfare. In recent years, however, the environment surrounding children has been changing due to the falling number of children per family and the ever-increasing participation of women in society, making it indispensable to consolidate measures in view of such changes. The Government, nonetheless, has always aimed to enhance policies to promote child welfare, paying heed to the best interests of the child.

5. Education is vital to enable children to realize their potential and to create human beings capable of adapting to society. The Government has endeavored to disseminate education under the Fundamental Law of Education and the School Education Law, and today has achieved almost 100% in school enrolment in compulsory education. The Fundamental Law of Education declares to spread education esteeming personal dignity. Accordingly, it upholds the basic principle of "individual-oriented education," and propels education and guidance, setting much value upon the individuality of each child, with due regard to the rights of children.

6. For a child to become a person of sound mind and body who can decide and act with a spirit of self-reliance, he/she has to gain rich experience in various activities both inside and outside school. From 1992 onwards, therefore, the Government introduced the five-day school-week system. This system has given latitude in children's lifestyles and provided children with opportunities to gain ample experience in various activities in everyday life at home as well as in the local community. In this respect, the Child Welfare Law provides for child welfare facilities (Article 40) to engage children in sound play, promote their health, and cultivate their artistic aptitude. Based upon the provision, the Government endeavors to expand such facilities.

7. To ensure the rights of children, who are in the process of maturing both in mind and body, special protection especially from harmful environments must be given. The Government has implemented appropriate measures to protect children from all forms of exploitation and abuse under the Penal Code, the Child Welfare Law and the Labor Standards Law, etc. While enforcing regulations under the relevant laws, the Government also promotes various public relations activities and cleanup campaigns targeting harmful environments, and actively engages in protection and guidance activities for children nationwide, in close cooperation with families, schools and local communities.

8. Juvenile delinquents must be protected and given appropriate guidance as swiftly as possible, in addition to the consideration which should be paid to the environment in taking such steps. From this point of view, under the Juvenile Law, the Child Welfare Law and other relevant laws, the Government is consolidating the framework to deal with juvenile cases, correctional treatments, rehabilitation measures, including environmental adjustments, and training/education of juvenile delinquents, in order to prevent recidivism and assist delinquents' smooth rehabilitation back into society.

9. In terms of international cooperation, Japan declares its commitment to pay full consideration to children and other socially weak persons in Japan's Official Development Assistance (ODA) Charter, as a means for implementing ODA effectively. Based upon this principle, the Government is actively practicing international cooperation to respect and protect the rights of children around the world: it implements bilateral cooperation programs for the construction of school buildings, maternal and child health centers, and projects for children's hospitals. It also provides financial cooperation through such international organizations as the United Nations Children's Fund (UNICEF), World Health Organization (WHO) and United Nations Educational, Scientific and Cultural Organization (UNESCO).

10. The Convention on the Rights of the Child provides for fundamental principles for protecting the rights of all children. Following the ratification of the Convention, the Japanese government has been striving to consolidate various measures within the existing legal framework to implement the Convention effectively. In reality, however, cases of child-abuse are on the increase and the situation of juvenile delinquency and bullying is becoming increasingly serious, partly because of demoralizing influences from modern society such as the weakening of human relations, including those with parents, and the overflow of harmful information. Under such circumstances, new challenges have arisen.

11. To ensure that all children develop their personality within a perfect, harmonious environment, the Government must assiduously endeavor to consolidate policies in an effective and comprehensive manner to create such an environment in practice. In Japan, many non-governmental organizations, etc., have been voluntarily undertaking activities to implement the Convention effectively, and the value of these activities are acknowledged. To ensure that the rights of children are fully respected and protected, families, local public entities, schools, the police and non-governmental organizations as well as the Government have to act in concert for the best interests of the child. Furthermore, all the people in Japan should deepen their understanding on the Convention and strive to achieve such goals.

I. GENERAL MEASURES OF IMPLEMENTATION

A. The Measures taken to Harmonize National Law and Policy with the Provisions of the Convention

12. In ratifying conventions or treaties, the Japanese government ensures that national laws are consistent with the provisions of the conventions or treaties. The Convention on the Rights of the Child, which defines "children" as "any person under the age of eighteen years," stipulates broadly rights to freedom (such as those concerning expression, thought and conscience) and social rights (including those regarding social security and standards of living). It also stipulates matters contributing to the protection of children (such as the primary responsibility of the parent/guardian(s) for fostering and raising the child) and matters to deal with problems in modern society (such as the protection of children from narcotics, sexual exploitation and abuse, and the protection of children of refugees). Ratification of the Convention, nonetheless, did not require any amendments to Japanese legislation nor any new enactments of law, since most of those matters have been stipulated by the International Covenant on Economic, Social and Cultural Rights and the International Covenant on Civil and Political Rights -already concluded by Japan in 1979- and are guaranteed under the existing legal framework of Japan, including the Constitution.

13. The Government has, however, made the following reservation to ensure conformity with domestic laws.
"In applying paragraph (c) of Article 37 of the Convention on the Rights of the Child, Japan reserves the right not to be bound by the provision in its second sentence, that is, 'every child deprived of liberty shall be separated from adults unless it is considered in the child's best interest not to do so', considering the fact that in Japan as regards persons deprived of liberty, those who are below twenty years of age to be generally separated from those who are of twenty years of age and over under its national law."

The reason is as follows:

The said provision stipulates for Article 37 (c) of the Convention that "every child deprived of liberty shall be separated from adults unless it is considered in the child's best interest not to do so." Although a "child" means "every human being below the age of eighteen years or less unless, under the law applicable to the child, majority is attained earlier" according to the Convention (Article 1), there are no provisions for the definition of "adults." We may, nevertheless, interpret that "adult" in this context means any person other than a "child," that is, a human being no less than the age of 18 years, considering that the object of the said provision is to prevent and protect youngsters called "children" from being subject to harmful influence by separating them from other, older persons. In Japan, however, persons under 20 years of age are dealt with as "juvenile" as provided for in Article 2 of the Juvenile Law, under which any person less than 20 years of age deprived of liberty is to be separated from persons equal to or more 20 years old. There is an obvious difference with the standard of age applied for separation as prescribed in the Convention. It was, therefore, decided to make such reservation with regard to the said provision.

14. Domestic laws have not been revised upon ratification, as we have already mentioned. It is, however, important to consolidate child protection and welfare in practice more than ever under the domestic legal framework, in order to ensure that the child undergoes full and harmonious development of his/her personality and lives an individual life in society. The ratification of the Convention on the Rights of the Child has served to be a cornerstone for improving policy measures to achieve that goal.

The Protection of Children's Rights

15. In 1994, "Civil Liberties Commissioners for the Rights of the Child" was organized as an administrative measure to guarantee the rights of children including the rights provided for in the Convention. The Commissioners are in charge of supervision to prevent the violation of the rights of children, and take swift, proper relief measures should they be violated. Their duty is to promote public relations campaigns (e.g. holding symposiums targeting local residents, parents and children) to ensure that the significance, the details and the objective of the Convention are properly understood and to raise public awareness of respecting the rights of children. The Commissioners of the Rights of the Child are selected from among members of civil liberties commissioners, especially among lawyers and individuals concerned with education in order to deal with the issue of children's rights in an appropriate manner. They focus on the issues of children's rights and actively tackle these matters. As of January 1,1996,515 persons are designated as Civil Liberties Commissioners of the Rights of the Child, posted in every prefecture in Japan. The civil liberties commissioners consist of volunteers selected from the general public and commissioned by the Minister of Justice. They are actively performing various tasks, giving counsel on human rights at homes and in guidance rooms of the Regional Legal Affairs Bureaus and the District Legal Affairs Bureaus.

16. Additionally, civil liberties organs of the Ministry of Justice (: the Civil Liberties Bureau; the Civil Liberties Department of the Legal Affairs Bureau; the Civil Liberties Division of the District Legal Affairs Bureau; and the civil liberties commissioners) set their main targets for public relations activities in 1994, 1995 and 1996 as "Let's Protect the Rights of Children," under which the civil liberties organs have been propelling public relations campaigns especially to raise the awareness of the need to respect the rights of children, in cooperation with schools and other relevant organizations.

Measures Against Child Abuse

(a) Urban In-Home Family Support Scheme

17. This scheme was introduced in 1994 in order to deal with family worries about child rearing and various fostering problems, such as maltreatment and delinquency. Utilizing the expertise of private facilities, households in neighboring regions can receive counsel and, if necessary, be given prompt and constant in-home support (e.g. home calls). The objective of the scheme is to protect children's rights, contribute to sound child rearing and further the innate disposition of children. As of 1995, the scheme had been implemented in 20 private facilities.

(b) Model Project for the Management of Child Abuse Cases

18. Launched in 1996, this project aims to construct a network against child abuse, for the prompt identification of, the swift response against and the constant follow-up after child abuse cases. Not only does it seek to detect cases of child abuse, but it also tackles tough cases in liaison with a team consisting of welfare officers, doctors, lawyers and police.

Comprehensive Child Rearing Assistance

(a) Angel Plan

19. In response to the falling birth rate and the increasing participation of women in public affairs in recent years, the Government devised the Angel Plan in 1994, incorporating the basic policy direction and essential measures for supporting child rearing in the next 10 years in order to make a mass drive for child-rearing assistance in society at large and promote comprehensive measures to back up child rearing. The Angel Plan is based on the idea that child rearing at the family level must be supported by the society as a whole so as to create an environment where anyone wanting to have a child may give birth and raise a child without anxiety, assuming that the best interests of the child should be of primary consideration in the promotion of measures for achieving that goal. Essential targets set under the Angel Plan include:

(i) Coordination of the working environment to balance work and child-rearing

(ii) Consolidation of various nursery care services

(iii) Reinforcement of the maternal and child health care system, making child bearing and rearing smoother and less worrisome

(iv) Improvement of housing and living environments

(v) Promotion of "relaxed school education," non-school activities and home education

(vi) Mitigation of financial burdens involved in child rearing

(vii) Establishment of infrastructure for supporting child rearing

As part of the measures for applying the Angel Plan in concrete terms, the following targets have been established under the Five-Year Program on Emergency Measures for Nursery Care to enforce nursery policies systematically.

Targets for the Five-Year Program on Emergency Measure for Nursery Careb

	1994		1999
(i) Nurseries (Day-care targeting infants 0-2 years old)	450,000 persons	-->	600,000 persons
(ii) Extended Day-Care (Day-care services after 6p.m. in general)	2,230 centers	-->	7,000 centers
(iii) Temporary Nursery-Care (Emergency/temporary nursing)	450 center	-->	3,000 centers
(iv) Infant Health Day-Care Services (Day-Care for infants recovering from illness)	30 centers	-->	500 centers
(v) After-School Children's Club (After-school training/education mainly for children in lower grades of primary school)	4,520 clubs	-->	9,000 clubs
(vi) Construction of Multi-purpose Nurseries (Secure counsel rooms for child rearing upon refurbishing nurseries, etc.)	1,500 nurseries in 5 years
(vii) Local Child Rearing Centers (Day-care centers for giving advice and supporting groups for child rearing)	236 centers	-->	3,000 centers

Additionally, the Ministry of Education is working to relieve the financial burden accompanying child rearing and education, to consolidate home education, and to realize "relaxed school education" by alleviating competition in entrance examinations. Specifically, the Ministry promotes measures for (i) mitigating the financial burden accruing from child rearing, (ii) consolidating home education by facilitating the counseling framework to deal with worries concerning child rearing, (iii) improving the quality of non-school activities by affording opportunities for children to engage in dynamic activities, and (iv) encouraging "relaxed school education."

(b) Amendments of the Child Allowance Law

20. The Child Allowance scheme, introduced in 1972, aims to stabilize family life and contribute to healthy child rearing by providing a child allowance on a cash basis. In response to the changing environment surrounding children and families, the scheme was amended in 1994 to implement thorough child-rearing assistance services and programs for sound child rearing.

(c) Establishment of the Foundation for The Children's Future

21. In July 1994, a juridical foundation entitled the "Foundation for the Children's Future" was established under the Civil Code with the aim of supporting projects for assisting child rearing and the sound growth of children. The object of the Foundation is to supplement services which cannot easily be provided by the public sector.

Education

22. The Ministry of Education has instructed educational institutions thoroughly by issuing notices to ensure that schools make the spirit and the principles of the Convention fully known and propagate the spirit of respecting fundamental human rights extensively throughout teaching activities in compliance with the object of the Convention.

International Cooperation

23. Japan has been reinforcing its international cooperation efforts for respecting and protecting the rights of children. In particular, the Japanese government has been promoting bilateral cooperation, especially in the fields of education, health and medical services, through the construction of school buildings and classroom facilities, maternal and child health care, and the improvement of children's hospitals, etc. As of 1994, the Government provided aid amounting to roughly $3.4 billion in social infrastructure and services including such fields as these. Japan's share in bilateral Official Development Assistance directed to social infrastructure and services has been growing in recent years: its share increased from 12.3 % to 23.2% between 1991 and 1994. The Government intends to carry on active assistance in this field for the future. It is worth noting that local governments have started extending independent international-cooperation efforts progressively in this field; to promote this trend, the Government is offering supports for such local government activities.

24. Japan also cooperates with international organizations. To the United Nations Children's Fund (UNICEF), the leading child-relief organ, Japan has been boosting contributions on an annual basis. In 1995, for instance, it contributed $29.43 million, becoming the fifth largest donor that year. Additionally, Japan has been making contributions constructively for the promotion of maternal and child health, such as campaigns for tackling tuberculosis, polio and AIDS, through the World Health Organization (WHO).

25. With regard to international cooperation, moreover, NGO activities have been highly appreciated. To support NGOs, the Government introduced the Subsidies System for NGO Projects and Grant Assistance for Grassroots Projects in 1989. Ever since, the Government has been reinforcing support to NGOs yearly, including projects concerning maternal and child health. In 1995, government subsidies to health and sanitation projects accounted for ¥25.1 million (year-on-year increase of ¥16.7 million) and those to medical care projects totaled ¥229.9 million (year-on-year increase of ¥55.787 million); together, they covered approximately 40% of the total sum of subsidies for NGO projects in 1995. The Grant Assistance for Grassroots Projects in the medical sector accounted for ¥1.01 billion, about one third of the total in fiscal year 1995.

B. Existing or Planned Mechanisms at National or Local Levels for Coordinating Policies relating to Children and for Monitoring the Implementation of the Convention

26. In Japan, various measures are taken to ensure the sound growth of the rising generation, that is, young adults and children, both in mind and body. Many administrative organs are concerned: for instance, the Ministry of Health and Welfare deals with services concerning the sound growth of children, the welfare of neglected children and disabled children, and maternal and child health; the National Police Agency deals with prevention of juvenile delinquency, guidance activities, protection of youth victims of crimes, and regulations against crimes injurious to the welfare of the youth; the Public Prosecutors Office is in charge of sending juvenile delinquents to the courts, etc.; the Ministry of Justice performs tasks relating to the correction and rehabilitation of juvenile delinquents and the protection of human rights; the Ministry of Education deals with services concerning education, sports and culture; and the Ministry of Labor is responsible for the protection of minor workers, vocational training and so on. Through the Committee for the Promotion of Youth Policy, for instance, the Management and Coordination Agency adjusts measures relating to youth as enforced by these relevant authorities so as to implement them effectively and comprehensively under the government as a whole.

27. The Management and Coordination Agency also endeavors at the local level to promote various measures for youth comprehensively through the Government and local authorities. For example, it holds liaison conferences with youth affairs management departments in prefectures and designated cities, facilitating the exchange of information between the Government and the local authorities.

28. The Government also offers counseling services concerning youth, where specialists give advice on occasion to promote the sound growth of children and to prevent and promptly identify cases involving violations of human rights. For instance, counseling services are available at the Civil Liberties Department (Division) of the Regional Legal Affairs Bureau, the Child Guidance Center, the Education Centers, the Juvenile Guidance Center, the Juvenile Classification Home, the Juvenile Division in the Headquarters of Police Regions, and police stations (Refer to Table 1). The Government divides the country into 6 blocks and convokes liaison conferences with personnel in charge of counseling services at each block, as it is vital that these counseling organs are reinforced and interconnected with one another to make a swift and pertinent response to consultations.

29. The Ministry of Justice, the Ministry of Foreign Affairs, the Ministry of Education, the Ministry of Health and Welfare, and other administrative organs are currently implementing various measures from their own standpoints to perform the duties prescribed by the Convention. And upon the implementation of measures, however, these administrative organs promote close cooperation and take care to achieve collaboration within the Government as a whole.

(Table 1: Principal Youth Advisory Organs)

C. Dissemination of the Convention (art. 42)

30. As for activities aiming to disseminate the objective and the content of the Convention and promoting its proper understanding, many Ministries and Agencies have prepared pamphlets and propagated the principles of the Convention throughout the nation, including to children, as we shall see in the following paragraphs. As public relations activities are extremely effective for implementing the Convention efficiently, the Japanese government intends to carry on these activities, examining the reaction from the public to these activities conducted so far and the extent to which the Convention is recognized.

31. The Ministry of Foreign Affairs has been endeavoring to introduce and propagate the Convention to the general public by means of public relations magazines, TV and radio. In cooperation with the UNICEF office in Japan, the Ministry has prepared 90,000 leaflets explaining the conditions in which the Convention was drafted. The leaflets, which also include the full text of the Convention, are distributed to welfare offices, Child Guidance Centers, boards of education, interested private organizations and individuals. In collaboration with the Ministry of Education, moreover, the Ministry produced 1 million posters introducing the content of the Convention in such fashion that children can easily understand, and distributed them to every class in kindergartens, elementary schools, lower secondary schools, upper secondary schools and schools of special education, child welfare facilities and public libraries, etc.

32. The Civil Liberties Bureau of the Ministry of Justice has also produced 100,000 PR handouts entitled "The Convention on the Rights of the Child and the Human Rights of Children," in order to promote the recognition of the gist and the nature of the Convention and to boost the public awareness of the rights of children. The Bureau distributed them to schools, the boards of education, local governments and other relevant organs through regional Legal Affairs Bureaus and District Legal Affairs Bureaus across the country.

33. The Ministry of Health and Welfare, furthermore, prepared and distributed pamphlets with a description of the Convention to make it widely known, especially among those involved in child welfare services. Additionally, the Ministry has been working to disseminate the content of the Convention broadly among the general public, printing the key points of the Convention in the Maternal and Child Health Handbook issued to pregnant women.

34. The Ministry of Education, moreover, issued notices to relevant educational institutions to consolidate teaching activities in view of the spirit of the Convention and propagate the objective of the Convention through various bulletins, training courses and conferences focusing on teachers so as to ensure that appropriate instructions are provided according to the stage of school. Schools are intended to teach the significance and role of international law relating to human rights, including the Convention on the Rights of the Child, the philosophy of respecting fundamental human rights, and the growth and development of children.

D. Publication of the Report (para 6, art.44)

35.The Government will be distributing the report on the Convention to relevant Ministries and Agencies and to local governments, boards of education, child welfare facilities, Civil Liberties Departments (Division) of Regional Legal Affairs Bureaus and the UNICEF office in Japan through the Ministries and Agencies concerned. The report will also be made available at all times in the Ministry of Foreign Affairs to the general public as well as non-governmental organizations.

Child Population

36. As of October 1, 1994, the total population of Japan was 125.034 million. Child population (0-17 years old) numbered 25.516 million, accounting for 20.4% of the total population.

(Table 2) (unit: 1,000 persons)

Total population	125,034 (100%)
0-17 years old	25,516 (20.4%)
0-4 years old	6,048 (4.8%)
5-9 years old	6,723 (5.4%)
10-14 years old	7,643 (6.1%)
15-19 years old	8,867 (7.1%)

(Source: Survey by the Statistics Bureau, Management and Coordination Agency)

Number of Births

37. The number of births was approximately 1.24 million in 1994. Though the number of births has tended to move downward in recent years, there was a slight increase in 1994 compared to the previous year.

(Table 3)

Year	Number of Births
1980	1,567,889
1985	1,431,577
1990	1,221,585
1991	1,223,245
1992	1,208,989
1993	1,188,282
1994	1,238,328

(Source: Survey by the Ministry of Health and Welfare)

II. DEFINITION OF THE CHILD

Majority

38. In Japan, the Civil Code prescribes that any person attaining 20 years of age may take legal action autonomously. In terms of public law, for instance, persons are invested with the right to vote for members of the Diet upon attaining 20 years of age as well. In Japan, accordingly, an adult is any person of 20 years of age or more.

Marriage

39. Under the provisions of the Civil Code, a man may not marry until reaching 18 years of age, nor a woman until reaching 16 years of age. A person under 20 years of age must obtain the consent both of his/her father and mother in order to marry.

After marriage, any person may independently become a party to legal action even if he/she is under 20 years of age.

Compulsory Education

40. Compulsory education starts from the beginning of the school year that is the first to begin on or after the day following of the child's attaining 6 years of age and finishes at the end of the school year during which he/she attains 15 years of age. In Japan, a school year starts on April 1 and ends on the following March 31.

Voluntary Statement in Courts

41. In Japan, statements by minors (under 20 years of age) in civil suits and civil mediation are made through legal representatives as minors do not have any litigation capacity. In actions relating to personal status, family hearings and family conciliation, however, minors may make a statements if they are mentally fit.

Criminal Liability, etc.

42. The Penal Code of Japan provides that an act of a person under 14 years of age is not punishable. Under the Juvenile Law of Japan, however, "juvenile" (shonen) refers to anyone under 20 years of age. With the aim of ensuring the sound upbringing of juveniles and correcting the character and adjusting the environment of delinquent juveniles, the Juvenile Law stipulates that anyone under 20 years of age is to be judged in a Family Court, where proceedings for protection are taken to determine whether it is appropriate to take protective measures. Only if protective measures have been found to be inappropriate is he/her to be transferred to undergo criminal proceedings (provided that the person in question is 16 years of age or more and commits an offence punishable with death penalty, or penal servitude or imprisonment) (for details, refer to para. 256 (iii)).

43. On similar grounds, anyone under 20 years of age is to undergo procedures different from those for persons of 20 years of age or more upon imprisonment and other measures depriving them of liberty (for details, refer to para. 277).

Labor

44. With respect to persons under 18 full years of age, provisions of the Labor Standards Law restrict working hours and work on rest days, prohibit late-night work in principle and regulate dangerous and hazardous work. The Labor Standards Law also prohibits the employment of children under 15 full years of age. As an exception, however, with permission of the administrative office, children attaining 12 full years of age may be employed in occupations in non-manufacturing enterprises involving light labor which is not injurious to the health and welfare of children, and children under 12 full years of age may be employed in enterprises for motion picture production and theatrical performance. Provisions of the Labor Standards Law are also applicable to the employment of part-time workers.

Sexual Crime

45. Under the Penal Code, anyone who performs a sexual act or commits an indecent act with a male or female person under 13 years of age is subject to punishment, whether or not the act is committed by thereof violence or threat. The Child Welfare Law additionally prohibits inducement of a person under 18 years of age to practice obscene acts. The law also prescribes punishment for keeping a child in custody for the purpose of making him/her engage in harmful activities.

Enlistment

46. There is no conscription system in Japan. As for volunteers for service in the Self-Defense Forces, persons 18 years of age and over may be recruited in principle. Nevertheless, as an exception, persons between 15 and 16 years old may be recruited as youth cadets enlisted in Self-Defense Forces (for details, refer to para. 255).

Alcohol, etc.

47. In Japan, the Law for Prohibiting Liquors to Minors prohibits anyone under 20 full years of age to drink and the Law for Prohibiting Smoking to Minors prohibits them to smoke. These laws prescribe the prevention of minors from drinking and smoking, etc. as the duty of persons in parental authority.

Additionally, the Law on Control and Improvement of Amusement and Entertainment Businesses prohibits providing alcohol or cigarettes for anyone under 20 years of age in the place of entertainment and amusement businesses and other entertainment-related businesses (see Note below) or restaurant businesses.

Note: entertainment-related businesses:

Sex-oriented Businesses such as bathhouses with private rooms, striptease theaters, or so-called "adult shops" where sexual materials are sold, etc.

III. GENERAL PRINCIPLES

A. Non-Discrimination (art.2)

48. The Constitution of Japan states, in paragraph 1 of Article 14, that "All of the people... there shall be no discrimination... because of race, creed, sex, social status or family origin.," guaranteeing the equality of all of the people, including children, under the law. Under this principle "the equality under the law," all forms of discrimination against children by public authorities are prohibited.

49. In accordance with the provision of the Constitution, the Child Welfare Law states that "the life of each and every child shall equally be guaranteed and protected." In addition, all forms of discrimination against children by public authorities are also prohibited under stipulations of other national laws such as the provisions of Article 2 of the Public Assistance Law (which provides for non-discriminatory, equal protection), Article 3 of the Fundamental Law for Measures for Mentally and Physically Handicapped Persons (guaranteeing the equal treatment of all disabled persons) and paragraph 1 of Article 3 of the Fundamental Law of Education (which prescribes equal opportunity of education).

50. Children of foreign or no nationality living in Japan are also guaranteed fundamental human rights under the Constitution of Japan, with the exception of rights that, owing to their nature, are interpreted to be applicable only to Japanese nationals. There are no nationality requirements in the provisions of the Child Allowance Law, the Child Rearing Allowance Law and the Special Child Rearing Allowance Law, etc. As for education, moreover, the Government endeavors to ensure that each and every child has an opportunity to receive education, in compliance with the provisions of the Constitution and the Fundamental Law of Education. Foreign children, however, may have difficulties receiving education and welfare services because of insufficient Japanese language ability. To solve this problem, the Government encourages local governments to furnish information in foreign languages by distributing pamphlets written in foreign languages and establishing special consultation offices for foreigners. The Government, moreover, applies measures to teach Japanese language and give advice regarding everyday life and studies.

51. In cases where discrimination between individuals is found, the civil liberties organs of the Ministry of Justice are to promptly implement pertinent measures for remedy. In private-law, if such an act is found to be unlawful under the Civil Code, the person who performed the act will be held liable for damages. In cases where the discriminatory act runs contrary to public policy or good morals as referred to in Article 90 of the Civil Code, which is a provision restricting personal autonomy in general, the act may be null and void. If the discriminatory act infringes penal statutes, the offender will be punished.

52. What is important, however, is that discrimination against a child deeply affects the development of his/her personality. In other words, there should be no discrimination whatsoever in order to ensure the full and balanced development of the child's personality. To this end, the Government has been educating students, through all school educational activities, particularly in social studies and moral education, to respect human rights, to neither discriminate nor have prejudice against anyone, and to understand correctly questions of human rights including the dowa issue. In universities or colleges, students continue to deepen their knowledge and understanding on human rights through seminars on humanities and social sciences. Furthermore, various educational activities such as classes or lessons on human rights have been conducted in public halls, in accordance with the report of the Lifelong Education Council in which "human rights" is identified as an important subject of study in contemporary social studies. Both the Government and the people, in this way, should continue to strive together to educate the people and raise public awareness of the rights of children, so that the dignity of every child is respected and fundamental human rights are enjoyed by children parallel.

B. Best Interests of the Child (art. 3)

Best Interests of the Child

54. Article 13 of the Constitution stipulates that "all of the people shall be respected as individuals." Article 1 of the Child Welfare Law prescribes that "all of the people shall strive to ensure the sound birth and growth of children, both in mind and body." Other than these, Articles 2 and 3 of the Child Welfare Law, Article 1 of the Juvenile Law, and Article 3 of the Maternal and Child Health Law assume that a child's best interest is to be considered in each individual case.

Provision of Protection and Aid

55. In Japan, the family is considered the natural environment for the growth and welfare of children as well as other family members. Parents or legal guardians are regarded as having prime responsibility for the child's upbringing and development. The Government provides supplementary aid, if necessary, for parents in fulfilling their responsibility, and ensures protection and care essential for children by taking care, to neither infringe the rights nor affect the obligations of parents.

Standards for Safety and Health and Criteria for the Number and Suitability of Staff

56. In Japan, the following child welfare facilities (see table 4) are available. With regard to these facilities, the Minimum Standards for Child Welfare Facilities on Equipment and Management (Ministerial Ordinance) provided by the Minister of Health and Welfare prescribes the standards for safety and health, in addition to those for the number and suitability of the staff. Pursuant to the Child Welfare Law, founders of these facilities are obliged to conform to the standards.

57. The Minimum Standards address: general rules for the construction and equipment for child welfare facilities, emergency/disasters, general requirements for personnel, sanitation control, meal, medical examination for inmates and employees, etc. (in Chapter 1, General Provisions); and equipment standards for respective child welfare facilities and criteria for the number and competence (qualification) of personnel, etc. (from Chapters 2 to 10 inclusive). According to the Minimum Standards, nurseries, for instance, are required to post at least one nursery governess for every 6 children and to install alarm system and facilities to prevent children from falling. Moreover, the guidelines for center-based day-care, which are instructive for nurseries in providing day-care services, seek to: support children; promote their emotional stability; maintain their mental and physical health; respect their rights; enhance their autonomy; and encourage harmony among them. The Guidelines require nurseries to practice day-care and furnish an environment suitable for achieving those goals.

58. Provisions also require that directors and persons in charge of management are to be identified upon requesting permission to establish a facility. To maintain the Minimum Standards, administrative agencies may: demand the head of child welfare facilities to submit reports; enter the facilities; examine the equipment; recommend/order necessary improvements; and order the suspension of operation.

(Table 4: TRENDS IN CHILD WELFARE FACILITIES)

	1965	1975	1985	1990	1993	1994
Child Welfare Facilities	14,020	24,546	33,309	33,176	33,242	33,234
Maternity clinics	479	1,032	780	635	588	574
Infant homes	127	129	122	118	117	117
Mothers' homes	621	424	348	327	315	312
Day-care centers	11,199	18,238	22,899	22,703	22,584	22,526
Protective institutions	546	525	538	533	530	529
Homes for mentally retarded children	219	349	321	307	300	297
Homes for autistic children	-	-	8	8	7	7
Schools for mentally retarded children	56	175	218	215	217	222
Nursery homes	32	32	28	21	21	20
Facilities for children with auditory/speech disabilities	38	34	24	18	17	17
Facilities for children with hearing difficulties	-	-	23	27	26	26
Facilities for physically weak children	32	34	34	33	33	33
Homes for physically handicapped children	62	77	74	72	72	70
Schools for physically handicapped children	-	39	70	73	77	79
Hospital-homes for physically handicapped children	-	-	8	8	9	8
Facilities for severely handicapped children	3	39	56	65	73	76
Short-term clinics for emotionally disturbed children	4	10	11	13	14	16
Home for juvenile training and education	58	58	57	57	57	57
Children's halls	544	2,117	3,517	3,840	4,028	4,081
Recreation centers for children	-	3,234	4,173	4,103	4,157	4,167

(Source: Survey by the Ministry of Health and Welfare)

C. The Right to Life, Survival and Development (art. 6)

The Right to Lifea

59. Article 31 of the Constitution prescribes that "no person shall be deprived of life or liberty, nor shall any other criminal penalty be imposed, except according to procedures established by law," guaranteeing the inherent right of all people, including children, to life.

Survival and Development

60. Article 25 of the Constitution stipulates that all people shall have the right to maintain the minimum standards of living, ensuring the right of all people, including children, to live. Furthermore, paragraph 2 of Article 1 of the Child Welfare Law provides that "the life of each and every child shall equally be guaranteed and protected," and Article 3 of the Maternity and Child Health Law prescribes that "in order to ensure the sound growth of infants and toddlers, both in mind and body, their health shall be maintained and enhanced." According to those provisions and other relevant domestic laws, the Government has been implementing various measures to ensure the survival and development of children, which have been consolidated every year. (For the substance of measures, refer to VI A. and C.)

D. The Opportunity to Express the Views (art.12)

61. In Japan, the Constitution prescribes respect for the dignity of individuals in Article 13, freedom of thought and conscience in Article 19, and freedom of expression in Article 21. Thus, the child's right to express views freely in all matters affecting them is guaranteed.

62. With regard to all matters on which anyone is generally guaranteed the opportunity to be heard in any proceedings of a judicial and administrative decision or measure affecting him/herself, the child is also provided the opportunity to present his/her view, as described below. When decisions are to be made or measures are to be taken on such matters, utmost consideration is paid to the child's best interests.

Judicial Proceedings

63. In Japan, anyone who is a party to, or an interested person in a trial is guaranteed the opportunity to present his/her views.

(a) Civil Procedures and Civil Conciliation

64. As minors have no litigation capacity in civil suits, a legal representative is required to take procedural action (Article 49, The Code of Civil Procedure). Accordingly, in cases where a minor is a party to litigation, he/she may act as a party through a legal representative and express his/her views. In cases where the minor is not a party to litigation but has a legal interest in the outcome of the proceedings, he/she may participate in the litigation as a supplementary intervener, conduct proceedings and present his/her views through the legal representative. In civil conciliation, a minor may present his/her views as a party or a supplementary intervener through a legal representative.

(b) Actions Relating to Personal Status, Family Trials, and Family Conciliation

65. In actions relating to personal status, a minor is considered to be competent to stand trial if he/she is mentally fit. Provided that the minor has the capacity to act, he/she may present his/her views as a party or a supplementary intervener, directly or through a legal representative.

In family trials and family conciliation, a minor may, provided that he/she is mentally fit, similarly present his/her views as a party or a supplementary intervener, directly or through a legal representative. As for family trials, the child's statement must be heard if he/she is 15 full years of age or over, in trials on the custody of children upon divorce of parents or recognition, etc., and trials on cases involving the designation or change of the person in parental authority. In other cases, or if the child is less than 15 full years of age, the Family Court may hear the child's view ex officio, and there is nothing to impede the child from presenting his/her view voluntarily if he/she wishes to do so.

(c) Criminal Action and Juvenile Trials

66. In juvenile trials, the juvenile, his/her guardian and attendant must be summoned on the day of trial (paragraph 2 of Article 25, The Rules of Juvenile Proceeding), and the guardian as well as attendant may express his/her views at the trial after obtaining permission from the judge (Article 30 of the said Rules). In addition, the juvenile's relatives, teachers and other persons considered appropriate may be permitted to be present at the trial (Article 29 of the said Rules). As the hearing is, in this way, to be conducted in a relaxed and warm atmosphere (paragraph 1 of Article 22, the Juvenile Law), careful attention is paid to ensure that the juvenile and his/her guardian, etc. can make statements in a conducive atmosphere. There are provisions for recording the substance of the statement made by the juvenile and others, assuming that juveniles, etc. are afforded opportunities to express their views (Articles 12 and 33 of the said Rules).

If a juvenile commits a crime, under the Juvenile Law and other laws, the case is to be dealt with by a Family Court which considers whether to take protective measures or not. Only if the person in question is 16 years of age and over and commits an offence punishable by death penalty, or penal servitude or imprisonment, and it is judged necessary for him/her to be tried under the criminal measure, the case may be transferred to undergo criminal procedures. The Code of Criminal Procedure stipulates that the accused and the counsel shall be afforded the opportunity to make a statement on the defendant's case in the opening procedures and that the accused and the counsel may state their views upon completion of the examination of evidence. Furthermore, in the event that the accused makes a statement voluntarily, the judge may require the defendant's statement at any time.

Administrative Procedures

67. In Japan, before the dispositions are to be taken, the Administrative Procedure Law guarantees, in principle, opportunities for hearing statements of opinion or for explanation and rebuttal of adverse dispositions. Under the Administrative Appeal Law, means to appeal are also recognized ex post facto against administrative dispositions (excluding the appeal against adverse dispositions taken through the procedure of hearing statements of opinion). In this way, the opportunity to have opinions heard is guaranteed. In addition, the opportunity to be heard is also ensured under the provisions for procedures on administrative dispositions and measures respectively.

(a) Education

68. As for the method of education for disabled children, it is firstly considered by the Commission for the Encouragement of School Attendance in view of the child's educational, psychological and medical backgrounds, and then, the board of education decides it on the basis of the Commission's consideration, after hearing the opinion of the guardian and the like through schooling consultation, etc.

69. The Government has sent notices to educational institutions to ensure that, in taking disciplinary action, the action has real educational effects instead of just serving as a sanction, and that full attention is paid to the student's condition individually with an opportunity to listen to the student carefully about the situation and his/her views.

(b) Welfare

70. No child shall be sent to prefectural child welfare facilities against the will of the person in parental authority or the guardian (paragraph 4 of Article 27 of the Child Welfare Law). Child Guidance Centers shall investigate, diagnose and evaluate the child's condition by having an interview with the child or his/her guardian, and to give sufficient consideration to the child or the guardian's opinion when determining the action specifically, as provided for in the Management Guidelines for Child Guidance Centers. In case of canceling of the admission of a child to day-care centers or homes for mentally retarded children, the governor, mayor, head of the welfare office and the chief of the Child Guidance Center shall, in advance, give an explanation of the reasons for the cancellation to the child's guardian and give heed to their views (paragraph 4 of Article 33 of the Child Welfare Law).

(c) Correction

71. In correctional institutions, the opinions of the child concerned are heard when taking procedures affecting the child. For instance, a child is to be punished or disciplined, the child is informed in person of the suspected facts of the act violating the regulations and is afforded the opportunity to plead his/her case.

IV. CIVIL RIGHTS AND FREEDOMS

A. Name and Nationality (art.7)

The Right to be Registered

72. The Family Registration Law of Japan requires submission of the notification of birth within 14 days after birth and stipulates that a child who assumes the surname of his/her father and mother shall be entered in the family register of the father and mother, a child who assumes his/her father's surname shall be registered in the father's family register, and a child who assumes his/her mother's surname shall be registered in the mother's family register. Provisions of Article 8 of the Residents Registration Act, furthermore, requires a child to be registered in the resident's card.

73. A foreign child born in Japan is also required to be reported under the Family Registration Law. Any person who finds a deserted child or any police officer who is informed of the finding of a deserted child shall, within 24 hours, give information thereof to the mayor of the city, town, or village. The mayor who has received the information shall give a full name to the deserted child, select the locality of register, and state in a record these facts as well as sex, presumptive date of birth, etc., to make a new family registration for the deserted child on the basis of the recorded matters.

The Right to a Name

74. Article 790 of the Civil Code of Japan provides that a legitimate child assumes the surname of his/her father and mother and an illegitimate child assumes the surname of his/her mother. The Family Registration Law establishes that the name of a newborn child shall be stated in the notification of birth, which shall be submitted after birth.

The Right to Acquire Nationality

75. The Nationality Law of Japan adopts, in principle, the bilineal jus sanguinis principle. It stipulates that a child shall be a Japanese national when, at the time of birth of the child, the father or the mother is a Japanese national (item numbered (1) of Article 2). However, as there is a possibility that a child born in Japan may become stateless if this principle is applied rigidly, the jus soli principle is also adopted to prevent statelessness. In other words, a child shall be a Japanese national when both parents are unknown or have no nationality in a case where the child is born in Japan (item numbered (3) of Article 2 of the Nationality Law). Though this may still be insufficient to prevent a child from becoming stateless under limited circumstances, such a child may acquire Japanese nationality by naturalization when he/she was born in Japan, had no nationality since the time of birth, and had his/her domicile in Japan for three or more years consecutively since that time (item numbered (4) of Article 8 of the Nationality Law). As, in case of naturalization of a stateless child, the conditions on capacity and capability to make a living are exempted from and the domiciliary condition is alleviated, the child can acquire Japanese nationality very easily.

The Right to Know One's Parents

76. Pursuant to the Family Registration Law, the full names of the father and mother of a person born in Japan must be stated in the notification of birth, and in case of a Japanese national, the full names of his/her natural parents must be stated in the family register. Any child may, therefore, identify his/her parents from a copy or an abstract of his/her family register and other relevant materials. If paternity has been admitted, an illegitimate child may also identify his/her father, as the father's name and the fact of admitting paternity must be stated in the child's family register under the provisions of Article 35 of the Enforcement Regulations of the Family Registration Law.

77. As for special adoptions (refer to para.145), when a judgment of judicial adoption has become conclusive and the adoptive parents report the fact, an independent family register is made up for an adoptive child first in the locality register of his/her natural parents. The adoptive child's name is then entered in the family register of his/her adoptive parents and removed from his/her independent family register. Any adoptive child wishing to identify his/her natural parents may inquire into the family register of his/her natural parents from which his/her name had been removed. Hence, the child's right to identify his/her natural parents at will is assured even under the special adoption system.

78. The notification of birth must also be submitted in cases where a foreign child is born in Japan. Since the notification of birth is to be preserved for 10 years after the date of reporting, any child may identify his/her natural parents for at least 10 years by examining his/her notification of birth or birth certificate.

The Right to be Cared for by Parents

79. The Civil Code stipulates that a child who has not yet attained its majority shall be under the custody of the person in parental authority who assumes responsibility for taking care and custody of the child. Children with parents must be fostered in principle by those parents as long as they are bonded by marriage.

B. Preservation of Identity (art. 8)

80. To guarantee the child's right to preserve his/her identity such as nationality, name and family relationship, the requirements for loss and choice of nationality are prescribed in Japan. That is, a notification is required upon the loss of nationality for the purpose of preventing Japanese nationality from being unlawfully divested.

81. Upon a change of name, a notification must be submitted to that effect after acquiring permission from a Family Court. With regard to family relations, the range of relatives, name and relations with natural parents, legal residence and the date of birth must be stated in the family register.

82. If elements of identity are illegally deprived from the child, that is, if it is found that the description in the family register is unlawful or includes errors, mistakes or omissions for some reason, interested persons may apply for the correction of the family register after obtaining permission from a Family Court.

C. Freedom of Expression (art. 13)

83. In Japan, freedom of expression is guaranteed to the people, including children, under the provisions of Article 21 of the Constitution, and is paid the greatest respect as an essential right for maintaining democracy. On the other hand, the right to freedom of expression has a public nature, unlike freedom of one's inward thoughts. Hence, certain restrictions are imposed on the right to freedom of expression, on the grounds of "public welfare." Restricted expression includes public indecency and distribution of obscene literature, etc. (Articles 174 and 175 of the Penal Code); defamation, insult, and damage to credit (Articles 230, 231 and 233 of the Penal Code); and riots (Article 106 of the Penal Code). These restrictions are, however, the minimum necessary in compliance with the provision of paragraph 2 of Article 13 of the Convention.

84. As children are in the process of physical and mental development and schools are the places of living in a group, schools need to establish their own rules for students. The Government has instructed educational institutions to continue to review school rules which relate to day-to-day education and training activities with consideration for the conditions of children, the views of guardians, the current circumstances in the local community, changes of society, and movement with the times.

D. Access to Appropriate Information (art. 17)

85. In Japan, under the Child Welfare Law, the Broadcast Law, the School Library Law and the Library Law, the following measures have been taken to encourage children to use information and materials from various national and international sources.

(a) Establishment of Libraries

86. As of 1993, the number of public libraries where publications, documents and other materials were available for public use amounted to 2,138 throughout the nation. The Government subsidizes local authorities to cover part of the costs involved in building and maintaining libraries and facilities. Every school is also equipped with a library.

(b) Recommendation of cultural assets for children

87. The Central Child Welfare Council and Regional Child Welfare Councils may recommend cultural assets for children to promote the welfare of children and mentally retarded children. In 1951, the Central Child Welfare Council established a subcommittee on cultural assets composed of experts and members of the academic and scientific community, recommending superior cultural assets with which children can enjoy interacting, cultivate aesthetic aptitude and develop various abilities. In 1995, 89 publications, 49 audiovisual materials and 29 theatrical arts were recommended by the Council. Among cultural assets recommended for children hitherto, superior articles have been selected for infants and elementary school pupils and presented at children's halls throughout the nation.

(c) Movies

88. To promote the production of superior movies for children and popularize them among the general public, the Ministry of Education labels works of high educational value "Selected by the Ministry of Education" and "Specially Selected by the Ministry of Education" (considered the highest rank among the Selections); works are examined by the screening subcommittee on educational movies of the Lifelong Learning Council, based on applications from film producers. If selected, the Ministry publicizes the outline of the film and launches public relations activities. In 1995, 264 movies were "Selected by the Ministry of Education," and 3 movies "Specially Selected by the Ministry of Education." Among educational films useful for social and school education, the Ministry purchases works recognized as "Special Selections" and distributes them to the boards of education in prefectures and designated cities.

(d) Broadcast Programs

89. The Broadcast Law stipulates that the broadcaster shall, in compiling and broadcasting educational programs for domestic broadcasting, clearly indicate the persons whom the broadcasting is aimed at, and make the contents of the broadcasting systematic and continuative as well as appropriate and instructive to such persons; at the same time, means shall be so provided as to allow the general public to learn the plan and the contents of the broadcasting in advance. In this case, if the program concerned is intended for schools, the contents thereof shall conform to the standard of the curricula provided for by the laws and regulations related to school education.

90. The Government entrusts the planning, producing, broadcasting and conducting research studies on educational TV programs to the Association of Private Broadcast Education. This aims to upgrade the quality of educational programs of private broadcasting companies, enrich home education through TV programs, and contribute to sound growth of the youth.

International Cooperation

91. The Broadcast Law of Japan stipulates that NHK (Nippon Hoso Kyokai) shall endeavor to have Japan correctly understood and promote the status of Japan by introducing Japanese culture in editing and producing programs for international broadcasting purposes and programs to be supplied to foreign broadcasting companies. Since April, 1991, the Japanese government has been providing subsidies amounting to roughly ¥200 million per annum for the translation of Japanese educational programs directed to developing countries through the Japan Media Communication Center (which is under the joint jurisdiction of the Ministry of Foreign Affairs and the Ministry of Posts and Telecommunications). 478 programs have been translated from Japanese to English and other foreign languages, and 368 programs had been provided to 19 countries as of the end of March, 1996.

92. The Government provides financial assistance to the Asia/Pacific Cultural Centre for UNESCO, which is conducting a program of co-publication of children's books and other activities in cooperation with foreign experts in this field, with the aim to provide good and inexpensive reading materials to children in Asia-Pacific region.

93. The Government has been providing educational and cultural broadcast programs under Cultural Grant Aid as part of its international cultural cooperation. In 1995, 2 projects (61.1 million Japanese yen based on grants) have been implemented under the cooperation in the educational/cultural broadcast sector (educational/cultural programs).

Protection from Injurious Information

94. The social environment surrounding children has a strong influence upon the character building of youths who are still developing. In particular, information and books found to be harmful to the welfare of children are liable to excite their sexual impulses and aggravate rudeness and cruelty. These often cause delinquency, posing serious problems to the sound growth of children. The Government, therefore, takes the following measures to protect children from such harmful information.

95. The Child Welfare Law establishes that the Central Child Welfare Council and Regional Child Welfare Councils may warn people selling such publications (paragraph 7 of Article 8 of the Child Welfare Law). Moreover, the Broadcast Law provides that broadcasters shall, in compiling programs for broadcasting, not disturb public security and good morals and manners; shall set out standards for editing broadcast programs; and shall establish a broadcast program council to ensure the adequacy of broadcast programs.

96. Prefectural authorities establish youth protection ordinances for regulating harmful books, videos, movies and advertisements in consideration of the existing circumstances of local communities. In 1994, the number of materials designated as harmful under ordinances reached 71,828 (see Table 5 below). The government is promoting thorough regulatory measures by the proper application and coordination of the ordinances.

(Table 5 : Trends in the Number of Cases Designated as Harmful Under Youth Protection Ordinances)

Year	1990	1991	1992	1993	1994
Total	55,858	73,547	64,332	68,468	71,828
Movies	4,264	3,632	3,201	3,289	2,470
Magazines, etc.	20,974	20,068	22,608	20,949	18,304
Advertisements	11	4	3	0	0
Videos	30,609	46,843	38,520	44,230	51,054

(Source: Survey by the Management and Coordination Agency)

97. The Government reinforces the protection of children from harmful information in response to changes in the social environment by requesting these industries to impose self-restraint and self-control in providing information. For example, the Motion Picture Code of Ethics Committee, an independent organization of the movie industry, classifies adult movies and under the said code of ethics substantially prohibits persons below 18 years of age from entering theaters .

98. The drastic diversification of media in recent years has a great influence on society, causing grave concerns over the mental and physical impact on children. Under such circumstances, various measures are taken: (i) Computer software: The Organization for Computer Software Ethics explicitly differentiates adult PC software from ordinary PC software by attaching seals to products which should not be sold to anyone under 18 years of age. In July, 1994, the Organization introduced a new "R-rated" category which prohibits sales to anyone below 15 years of age. (ii) Internet: In February, 1996, the Association of Electronic Networks, organized by providers of personal computer communication services, formulated "the Code of Ethics" and "the Rule & Manner for the user of personal computer communications" as ethic guidelines for use of electronic networks. Moreover, the police are reinforcing control over such criminal acts as public obscenity, for the first time ever arresting suspects in January, 1996 for providing obscene pictures on the Internet. (iii) In May, 1996, the Government recognized sales of CD-ROMs mainly consisting of nude images as a category of entertainment-related businesses which are subject to the Law on Control and Improvement of Amusement and Entertainment Businesses.

99.Aggressive local activities are also essential for enhancing the protection of children from harmful information. The Government, therefore, encourages such activities of local organizations and residents.

E. Freedom of Thought, Conscience and Religion (art. 14)

100. All people, including children, are guaranteed the right to freedom of thought and conscience under the provisions of Article 19 of the Constitution of Japan. With regard to the right to freedom of religion, paragraph 1 of Article 20 of the Constitution provides for the guarantee of freedom of religion to all. In addition, paragraph 3 of the said Article prohibits the state and its organs from engaging in religious education or any other religious activity. Paragraph 1 of Article 9 of the Fundamental Law of Education also states that the attitude of religious tolerance and the social status of religion shall be valued in education.

F. Freedom of Assembly and of Peaceful Assembly (art. 15)

101. Article 21 of the Constitution of Japan guarantees freedom of assembly and association to all the people, including children. These freedoms are restricted to a certain extent on the grounds of public welfare, as is freedom of expression. Restrictions are, however, minimal and conform to the provisions of paragraph 2 of Article 15 of the Convention.

G. Protection of Privacy (art. 16)

102. In Japan, "non-disclosure of the private life" of all the persons, including children, not only by public authorities but also by individuals and private institutions, has been acknowledged as the object of legal protection by the Constitution and judicial precedents of the Supreme Court.

103. Paragraph 1 of Article 35 of the Constitution of Japan states that "the right of all persons to be secure in their homes, papers and effects against entries, searches and seizures shall not be impaired except upon warrant issued for adequate cause and particularly describing the place to be searched and things to be seized...." In other words, it is provided that the home and belongings of all persons, including children, are protected from intrusion by public authorities. In accordance with such provisions, the Code of Criminal Procedure stipulates that the body, effects or dwelling or any other place shall not, in principle, be seized and searched without the consideration of a judge in that matter. Article 130 of the Penal Code punishes intrusion upon a human habitation, etc., without good reason, and paragraph 23 of Article 1 of the Minor Offense Law provides that any person who, without good reason, stealthily peeps into a house, etc. shall be punished. As to doctors, lawyers and the like, who may learn other's secrets in the performance of their profession, the Penal Code and other laws require them not to disclose such secrets. The Penal Code, moreover, stipulates that a person who, without good reason, opens a sealed correspondence shall be punished (Article 133 of the Penal Code). Tranquility of the private life of individuals is ensured thereby.

104. To prohibit interference with communications, the secrecy of communication is protected under the provisions of paragraph 2 of Article 21 of the Constitution. The secrecy of letters and telegrams is protected under the Mail Law, and persons who are engaged in postal services must maintain the secrets of other persons which may come to their knowledge in the course of handling postal matters (Article 9 of the Mail Law). The Telecommunications Business Law also provides for the protection of confidentiality of communications, stipulating that persons engaged in telecommunications businesses shall maintain the secrecy of other persons affairs which may come to their knowledge while handling communications (Article 4 of the Telecommunications Business Law).

105. With regard to the protection of honor and reputation, the Penal Code provides for crimes related to defamation, insult, and damage to credit. The Civil Code prescribes for the compensation of persons suffering from defamation or damage of reputation. Guidelines for Police Activities on Juvenile Crimes require the police to pay consideration to time and procedures in summoning a child in the course of an investigation/inquiry. The police, for instance, avoid directly summoning a child at his/her school or workplace so as to ensure that the child's reputation and honor are not lost.

106. Furthermore, the Ministry of Education has been instructing educational institutions to pay full consideration to children's rights in cases where school authorities are involved in the private lives of the students in the course of education.

H. The Right not to be Subjected to Torture and Other Cruel, Inhumane or Degrading Treatment or Punishment (art. 37(a))

107. To ensure that children are not treated in a manner that disregards or impairs their dignity or character as a human being, Article 13 of the Constitution of Japan states as follows: "All of the people shall be respected as individuals. Their right to life, liberty, and the pursuit of happiness shall, to the extent that it does not interfere with the public welfare, be the supreme consideration in legislation and in other governmental affairs." It is further prescribed in Article 36 that "The infliction of torture by any public officer and cruel punishments are absolutely forbidden," and in paragraph 1 of Article 38 that "No person shall be compelled to testify against himself."

108. Under the Constitution, public officers will be accused of abuse of authority if they abuse their authority to cause a person to perform an act which he/she has no obligation to perform, or to obstruct a person from exercising a right which he/she is entitled to exercise. Public Officers performing or assisting in judicial, prosecutorial or police functions who abuse their authority and arrest or detain another will be accused of abuse of authority by a special public officer. And when public officers in the performance of their duties commit acts of violence or cruelty upon defendants in criminal actions or other persons, they will be accused of violence and cruelty by special public officials. If public officers who are guarding or escorting other persons detained in accordance with law or ordinance commit acts of violence or cruelty upon them, they will also be accused of violence and cruelty by special public officials.

109. As for criminal procedures, paragraph 2 of Article 38 of the Constitution states that "Confession made under compulsion, torture or threat, or after prolonged arrest or detention shall not be admitted in evidence." Paragraph 1 of Article 319 of the Code of Criminal Procedure also stipulates that, including evidence referred to hereinbefore, confession which is suspected not to have been made voluntarily shall not be admitted in evidence, for the purpose of preventing acts of torture, etc. It is also considered that judges and investigators of a Family Court in juvenile court procedures may be subject to crimes of abuse of authority or violence and cruelty by special public officials. In juvenile hearings, it is established in practice that juveniles have the right to remain silent and any confession admitting the fact of misconduct, which is suspected not to have been made voluntarily, is to be excluded from evidence.

110. Article 36 of the Constitution prohibits public officers from committing torture and cruel punishment on inmates of correctional institutions. Based on the Prison Law, the Juvenile Training School Law and the Constitution, inmates are to be treated humanely in that: their living quarters, clothes and bedding are kept clean; inmates are given sufficient food in consideration of their constitution, health, age, and other conditions; and inmates are given proper medical care. To ensure that inmates in correctional institutions are not subject to inhumane, degrading treatment, staff of the institutions undergo training programs, conducted at Training Institute for Correctional Officials and branches located in each region, to learn how to treat inmates humanely. Moreover, there is a monitor system which enables inspectors to check the practices of correctional institutions. Inmates are afforded opportunities to demand better treatment at correctional institutions through interviews with directors of the institutions and petitions to the Minister of Justice. Furthermore, they can request the court to repeal measures taken against them by the directors of correctional institutions.

V. FAMILY ENVIRONMENT AND ALTERNATIVE CARE

A. Parental Guidance (art. 5 and art. 18. para. 1)

111. Paragraph 1 of Article 818 of the Civil Code of Japan prescribes that a child who has not yet attained majority is subject to the parental power of his/her father or mother. Articles 820 and 857 of the Civil Code stipulate that a person who exercises parental power and is the guardian of a minor has the right and incurs the duties of providing for the custody and education of the child.

112. Article 24 of the Constitution prescribes essential equality of the sexes with regard to matters pertaining to the family. Article 818 of the Civil Code provides for the joint exercise of parental power by the father and mother: parents, in principle, assume joint responsibility for raising and educating a child.

113. Article 1 of the Child Welfare Law stipulates further that "All the people shall endeavor to ensure the sound birth and growth of children, both in mind and body. "Thus, parents and legal guardians must regard the best interests of the child as their basic concern.

B. Parental Responsibilities (art. 18. paras. 1-2)

114. The government formulated the "New Domestic Action Plan toward 2000 AD (First Revision)" in May, 1991, with the aim of creating "a society wherein women and men can participate together." The Government promotes various measures to establish an environment where both women and men can jointly participate in every corner of family and social activities, based on the philosophy of equality of sexes. The principal targets under the Action Plan are to "correct the rigid conception of dividing roles between women and men" and "promote the joint participation of women and men in the local community and family life." With regard to the former, the Government aims to correct the conventional idea that "men are for work and women are for families" which divides the roles of the sexes, and conducts public relations activities to encourage the revision of customs and habits in every social place, that is, at home, at the workplace and in the community. In relation to the latter, the Government promotes public relations activities to raise the awareness of the general public that women and men are both responsible for housekeeping, child rearing and nursing and should cooperate with each other to that end.

115. Home education by parents and legal guardians is essential for the formation of children's character. It is therefore important that they learn about home education to consider the best interests of the child and acquire the capacity to properly respond to the needs of the child according to his/her stage of growth. The Government promotes and subsidizes learning activities concerning home education as part of adult education.

(a) Home Education Classes

116. Since 1964, the Government has been subsidizing municipal authorities conducting programs that provide parents and interested persons with opportunities to learn "home education." Key subjects include the family environment, such as the role and behavior of parents as well as relationships among the family, and the social environment surrounding children, such as the growth of the child and strengthening ties with school education.

(b) Assistance Program for Fathers' Participation in Home Education

117. Since 1994, the Government has been subsidizing municipal offices holding home education seminars at companies and other workplaces to encourage the participation of fathers in home education. 41 seminars were held in 1994 throughout the country.

(c) Provision of Information on Home Education

(i) Program for Consolidating Home Education

118. There are various challenges to home education today, considering the growing worries and concerns about child rearing among parents and such problematic behavior of children as bullying. Prefectural authorities have been conducting various programs for consolidating home education. For instance, they extend programs such as training experts in home education, providing opportunities to learn about home education, supplying information concerning home education through TV, and establishing telephone consultation services. The Government has been subsidizing these activities with the aim of promoting home education from a broad perspective since 1991. Such subsidies were implemented in 46 prefectures in 1994.

(ii) Consultation Services for Families and Children

119. As part of child welfare policies, the Ministry of Health and Welfare offers counseling and assistance services to families with children at Child Guidance Centers, Family and Child Guidance Rooms and the Child Commission. The Ministry also implements "Telephone Information Service for Healthy Care," "Child and Family Counseling Service" at children's centers, and the "Healthy Rearing Counseling Program for Infants and Toddlers" at nursery schools. In 1994, the three services were revised under the "Child and Family Counseling Program" to consolidate the framework of counseling services for families and children.

(iii) Production and Distribution of Materials on Home Education

120. To serve as reference materials for persons involved in social education at prefectural and municipal levels, the Government has been regularly producing and distributing the "Modern Home Education Series," which are compiled according to different stages of growth of children. Moreover, it has been publishing the "Future Home Education Series" for parents and prospective parents since 1994. It has also been working to stimulate home education by holding the "Home Education Forum" every year since 1992, as a place for cross-generational information exchange on home education and for defining the ideal for cooperation between women and men in child rearing in the new era.

(iv) International Comparative Study on Home Education

121. In commemoration of the International Family Year in 1994, the Government conducted surveys in 6 countries, including Japan, to compare and contrast family and household trends, the existing state of home education, and the level of awareness of parents, exposing the distinctiveness and challenges in home education in contemporary Japan.

122. As for child rearing, there are various assistance programs provided in the fields of welfare, health/medical care, education and so on under: Child Welfare Law; Social Welfare Service Law; Child Allowance Law; Child-Rearing Allowance Law; Law related to the Payment of Special Child Rearing Allowances; Maternal and Child Health Law; Regional Health Law; Medical Service Law; and School Education Law (Refer to VI on assistance programs in the fields of welfare and medical/health care, and to VII A. on those in the field of education).

C. Separation from Parents (art. 9)

123. Paragraph 1 of Article 818 of the Civil Code provides that "a child who has not yet attained majority is subject to the parental power of its father and mother," and Article 821 thereof stipulates that "a child shall establish its place of residence in the place designated by the person who exercises parental power." As a child is obliged to reside in the place designated by his/her parents according to their will and cannot be separated from his/her parents by a third party without legal grounds, children are thus inseparable from parents.

124. In Japan, there are cases where "competent authorities... determine... that... separation is necessary for the best interests of the child" as referred to in paragraph 1 of Article 9 of the Convention, that is, cases where: the prefectural government places the child in the care and custody of a foster parent or a protective trustee, or send him/her to Child Welfare Facilities (paragraph 1-3 of Article 27 of the Child Welfare Law) as a measure against child abuse by the guardian (Article 28 of the Child Welfare Law); the Family Court designates the person in parental authority or the custodian upon the divorce of parents by agreement or trial (Article 819 of the Civil Code, etc.); the custodian of the child is to be changed (paragraph 2 of Article 766 of the Civil Code); the person in parental authority is to be changed (paragraph 6 of Article 819 of the Civil Code); the loss of parental authority on the part of the father or mother is pronounced (Article 834 of the Civil Code).

125. Under the Child Welfare Law, prefectural governments must obtain permission from a Family Court to place a child in the custody of foster parents or a protective trustee or to send him/her to Child Welfare Facilities against the will of the natural parents. The procedures are to be conducted by a Family Court according to the Law for Adjudgment of Domestic Relations and the Special Regulations on Adjudgment of Domestic Relations. In that event, the statement by the person who currently has the custody of a child and the person in parental authority (or the guardian in cases where he/she is not in parental authority), and the person in parental authority of the protected person or the guardian must be heard respectively (paragraph 1 of Article 19 of the Special Regulations on Adjudgment of Domestic Relations). The statement by the child, if 15 full years old or more, must also be heard (paragraph 2 of Article 19 of the said Regulations).

126. Designation and change of the person in parental authority and the guardian and the pronouncement of the loss of parental power are made in the Family Court pursuant to the Civil Code, the Law for Adjudgment of Domestic Relations and the Regulations on Adjudgment of Domestic Relations. The said Regulations prescribe the voluntary participation of interested persons in the event (Articles 14 and 131 of the Regulations on Adjudgment of Domestic Relations), and persons found to have an interest in the case may also participate in the procedure with permission from the Family Court. In cases where the Family Court conducts a hearing to designate or change the person in parental authority or to assign the guardian, the Court must hear the statement of the child if he/she is 15 years of age or more, under the provisions of Articles 54 and 70 of Regulations on Adjudgment of Domestic Relations.

127. Though there are no express provisions in cases where the child is below 15 years of age, the Family Court hears the statement of the child by pertinent means, such as ordering ex officio the investigator of the Family Court to inquire into the case (Article 7 of the Regulations on Adjudgment of Domestic Relations). In addition, if the child makes a voluntary statement, it does not prevent the child from doing so.

The Right to Maintain Personal Relations for a Child Separated from One or Both Parents

128. A child who is separated from one or both of parents as referred to in paragraph 3 of Article 9 of the Convention may be considered, in concrete terms, as a child one or both of whose parents are, or who him/herself is detained in a Juvenile Training School, a Juvenile Classification Home, prison, immigration center or a mental hospital. Relevant laws and regulations prescribe as follows for the facilities and institutions, under which various measures are taken.

(i) In a Juvenile Training School, permission for meetings, correspondence and dispatch/receipt of parcels must be granted unless it is found to be obstructive to correctional education (Articles 52 and 55 of the Juvenile Training School Treatment Regulation).

(ii) In a Juvenile Classification Home, the child is permitted to meet relatives, guardians, attendants and other persons who are deemed necessary for the child to have a visit. Correspondence is also allowed in so far as it does not harm discipline (Articles 38 and 40 of the Juvenile Classification Home Treatment Regulation).

(iii) In a prison, the prisoners are permitted interviews and correspondence with their relatives (Articles 45 and 46 of the Prison Law).

(iv) In an immigration center, maximum freedom is guaranteed in so far as it does not pose a threat to the security of the center (paragraph 7 of Article 61 of the Immigration Control and Refugee-Recognition Law), and meetings and correspondence are basically allowed (Articles 34 and 37 of the Regulations for Treatment of Detainee).

(v) In a mental hospital, communication and meeting are in principle unrestricted (Article 37 of the Mental Health Law, the Law relating to the Welfare of Mentally Handicapped Persons, and Notification No. 130 in 1988 issued by the Ministry of Health and Welfare).

129. The following measures are taken to provide the family with essential information concerning the whereabouts of the absent member(s) of the family as referred to in paragraph 4 of Article 9 of the Convention.

(i) As for the whereabouts of a person housed in a correctional institution, he/she is made to notify relatives of his/her whereabouts by correspondence; if he/she is illiterate, the staff of the institution will write a letter in his/her place. As for the whereabouts of a person housed in a Juvenile Training School or a Juvenile Classification Home, his/her relatives are informed without delay by dispatch of notices of detention or transfer from the institution.

(ii) Upon the death of a person under detention, his/her relatives are promptly informed of the name of disease, cause of death, the date of death and other necessary information by such reasonable means as telephone, etc.

(iii) If relatives make inquiries as to whether a specific foreigner is detained in an immigration center as provided for in the Immigration-Control and Refugee-Recognition Law, their inquiries are answered after investigation.

(iv) Upon the death of a foreign person under detention in a center which is established under the provisions of the Immigration-Control and Refugee-Recognition Law, his/her family or lodger is promptly informed of the date of death, name of disease and the cause of death.

(v) If the family makes inquiries as to whether a specific foreigner has been given a deportation order, they are informed of his/her destination, time/date of deportation and the flight number of the airplane.

D. Family Reunification (Article 10)

130. Freedom of Japanese nationals to leave and enter the country is guaranteed under paragraph 2 of Article 22 of the Constitution, which prescribes freedom to move to a foreign country. Although there is no explicit provision in the Constitution for the right to return to the country, it is interpreted that such right is guaranteed as a matter of course. The Immigration-Control and Refugee-Recognition Law merely provides for procedures to confirm Japanese nationals upon leaving from and returning to the country (Articles 60 and 61), and no provision exists which restricts departure from or reentry into Japan. Pursuant to Article 25 of the Immigration-Control and Refugee-Recognition Law, foreign persons may leave Japan in so far as the departure is confirmed by the immigration officer, and the right to leave Japan is also guaranteed for the children and parents of foreigners.

131. As provided for in the Immigration-Control and Refugee-Recognition Law, the application for entering and leaving Japan is also handled in proper ways in conformity with the provisions of paragraph 1 of Article 10 of the Convention.

132. In Japan, however, there may be cases where the issuance of ordinary passports is restricted with respect to those who are involved in crime or might injure the interests of Japan or disturb public order, etc., as prescribed in the respective subparagraphs of paragraph 1 of Article 13 of the Passport Law. Moreover, any foreigner who is prosecuted for felony or subject to arrest warrant may be temporarily prevented from leaving the country under the provisions of Article 25-2 of the Immigration-Control and Refugee-Recognition Law. The restrictions are nevertheless minimal and in conformity with paragraph 2 of Article 10 of the Convention.

133. The Japanese government opened "Immigration Information Centers" in Immigration Bureaus of Tokyo, Osaka and Nagoya and at the Yokohama Branch, where full-time special counselors who are fluent in foreign languages are in charge of dealing with inquiries concerning the entry and residency of foreign nationals in Japan everyday except on weekends and national holidays, on the basis of interviews and telephone consultation. At other Immigration Bureaus where Information Centers are yet to be established, counseling desks are secured for foreigners having problems with entrance and residency in Japan. The Government is thereby working to provide information for family reunification.

E. Recovery of Maintenance for the Child (art. 27, para. 4)

134. The following schemes are secured in Japan.

(a) If a child is to recover maintenance in Japan in cases where his/her parents or other persons having financial responsibility for the child live in Japan:

135. Maintenance for the child may be requested as: (i) part of marriage expenses during a matrimonial relationship; (ii) part of care-and-custody expenses for the child upon divorce; or (iii) performance of the parents' duty to raise the child.

The means to recovery, as provided for in the Law for Adjudgment of Domestic Relations, include: (i) conciliation with regard to the said issues; (ii) claim for part of marriage expenses in a contentious case; (iii) claim for maintenance in a contentious case regarding the care and custody of the child; (iv) claim for maintenance in a contentious case concerning financial support for the child; (v) collateral claims upon a divorce suit under the provision of paragraph 1 of Article 15 of the Law of Procedure in Actions Relating to Personal Status. Not to mention judgments on the approval of collateral claims in divorce suits referred to in (v), protocol recording the consent and adjudications ordering the issuance of maintenance have the same effect as a title of obligation with executory power. Therefore, maintenance may be recovered by compulsory execution if the obligor fails to perform his/her obligation voluntarily. In addition to compulsory execution mentioned above, the Law for Adjudgment of Domestic Relations establishes a framework for ensuring the obligor meets his/her domestic liabilities, under which the Family Court may recommend or order the performance of the duty as ruled by conciliation or adjudgment 9,610 domestic cases involving recommendations to meet financial obligations were settled in 1994, out of which 6,411 cases were settled with liabilities fully or partially met. In cases where an agreement is concluded with regard to the payment of maintenance, the performance of the maintenance agreement may be demanded by instituting a lawsuit.

(b) If a child is to recover maintenance in Japan in cases where his/her parents or other persons having financial responsibility for the child live in different country from the child:

136. As the case of trial on maintenance shall be handled by the Family Court exercising jurisdiction over the domicile of the adverse party (paragraph 1 of Article 94 of the Regulations on Adjudgment of Domestic Relations), the child may demand conciliation or trial on maintenance to the Family Court exercising jurisdiction over the last domicile of his/her parents, etc. If the most recent address of a child's parents in Japan does not exist or cannot be identified, the child may demand conciliation or trial on maintenance to the Family Court exercising jurisdiction over the place where the property is situated in Japan or where the Supreme Court designates. If an agreement on the maintenance for the child is concluded between parents, etc., the child may enter an action to the District Court or Summary Court exercising jurisdiction over the place of the most recent address of the parents or the place of performing the duties under the maintenance agreement. If property of parents, etc., which may be attached exist in Japan, the child may enter an action to the District Court or Summary Court exercising jurisdiction over the region where the property is situated. Moreover, if a judgment or decision has been passed by any court in Japan on the payment of maintenance, the property may be subject to compulsory execution pursuant to the judgment or decision for the child.

137. With regard to maintenance obligation, Japan concluded the Convention on the Law Applicable to Maintenance Obligation in respect of Children on July 22, 1977 and the Convention on the Law Applicable to Maintenance Obligation on June 5, 1986.

F. Children Deprived of a Family Environment (art. 20)

138. As provided for in the Child Welfare Law, a child without a guardian or a child whose guardian is regarded as inappropriate to take care and custody of him/her is subjected to temporary protection at the Child Guidance Center; At the same time, if necessary, the child is transferred to an infant home or a protective institution. A foster-family system is also established under the provisions of the Child Welfare Law.

(a) Infant Homes

139. Infant homes are institutions for accommodating and rearing infants less than 12 months old in need of protection. As infants generally have little resistance to illness, infant homes give due attention to medical care in the operation of facilities. Therefore, doctors and nurses are stationed, paying special attention to the health care of infants. In March 1, 1995, the number of infant homes totaled 117 and the total capacity amounted to 3,831 infants. 2,752 infants were being taken care of as of the said date.

(b) Protective Institutions

140. Protective institutions are established for the purpose of protecting children without guardians, abused children, and others in need of protection on environmental grounds, excluding infants. Recent trends show that more children who are not offered proper care even if they do have parents are entering protective institutions. Entrance of children due to the disappearance, divorce and long-term illness of parents is on the increase, in addition to those for parental neglect and child abuse (see Table 6).

(unit: %)

(Table 6: Children Entering Protective Institutions, by Reason)

	Findings of 1987 survey	Findings of 1992 survey
Total percentage	100.00	100.00
Death of parents	7.5	4.7
Disappearance of parents	26.3	18.5
Divorce of parents	20.1	13.0
Abandonment	1.3	1.0
Long-Term confinement by father (or mother)	4.7	4.1
Long-Term illness of father (or mother)	11.5	11.3
Abuse/exploitation	2.9	3.5
Neglect/indolence/abnormal mentality of father (or mother)	11.5	9.7
Other reasons	14.3	34.2

*Note: Parents include both or one of the parents.

(Source: Survey by the Ministry of Health and Welfare)

(Table 7: Number of Protective Institutions)

		*As of March 1, 1995
Number of institutions:	529	(public: 69, private: 460)
Capacity of accommodation:	33,406	(public: 4,492, private: 28,914)
Number of children:	26.929	(public: 2,954, private: 23,975)

(c) Foster Parents

141. Foster parents are volunteers, with the recognition of the mayor, who wish to take care t their homes of a child who either has no guardian or whose guardian is deemed to be inappropriate to take care of the child. Although nationwide campaigns are being launched to seek for foster parents every year to promote and encourage the idea of becoming a foster parent, the number of foster parents and foster children have both been declining drastically. This has resulted from the reluctance of guardians to entrust children to other's care owing to the confusion with adoption, and from the low interest among the general public because of the common belief that one must be an extraordinary philanthropist to become a foster parent (see Table 8).

(Table 8: Annual Trends in the Number of Foster Parents and Fostered Children)

	Number of registered foster parents	Number of practicing foster parents	Number of foster children
1970	13,621	4,075	4,729
1975	10,230	3,225	3,851
1980	8,933	2,646	3,188
1985	8,659	2,627	3,322
1990	8,046	2,312	3,006
1991	8,163	2,183	2,671
1992	8,122	2,159	2,614
1993	8,164	2,206	2,579
1994	8,004	2,029	2,475

(Source: Survey by the Ministry of Health and Welfare)

Given these facts, the Government has overcome the conventional idea that foster parents must be humanitarians, and then has been working to promote the new foster-parent system since 1987, with a view to broadly seeking for foster parents and educating the average person to become a praiseworthy foster parent.

G. Adoption (art. 21)

142. The Civil Code defines two types of adoption in Japan: ordinary adoption and special adoption.

(a) Ordinary Adoption

143. Ordinary adoption creates a legal parental relation between the adoptive parents and the adopted child who acquires the status of a legitimate child. If the child to be adopted is a minor, leave from the Family Court is a requirement in principle for the adoption to be effective, excluding cases described below, and the adoption comes into effect upon the acceptance of notification. As for adoption, ex post facto remedies are secured on the basis of dissolution be action (Article 814 of the said Code) and judgment on forfeiture of the parental power (Article 834 of the said Code). The Family Court determines the case on the basis of whether adoptions is consistent with the welfare of the minor, ensuring the child's best interest thereby.

144. Leave from the Family Court is not required in cases where a person is to adopt a minor who is a lineal descendant of him/herself spouse, because such adoption normally has little risk of impairing the welfare of the child. Even in these cases, however, officers in charge of the family register may only acknowledge the adoption after examining the essential conditions for the adoption. For example, if the child to be adopted is less than 15 years of age, they examine whether the adoption is accepted by the legal representative, whether it violates other laws and regulations, whether it amounts to adoption of a minor who is a lineal descendant of the adoptive parent or his/her spouse, etc.

(b) Special Adoption

145. Special adoption is effected, if a child is, in principle, under 6 years of age at the time of request, by the Family Court's judgment made upon request from the person intending to become an adoptive parent, rather than by agreement between the adoptive parents and the adopted child. In special adoption, the family relation between the adopted child and his/her natural parents in addition to his/her blood relatives is terminated. Therefore, the special adoption is effected only if the care and custody of a child by his/her natural parents is extremely difficult or if the parents are unfit and there is an extraordinary need in the interests of the child. In addition, consent of the child's parents is also required for the special adoption to take effect, excluding cases where his/her parents can not express their views or substantial injury is inflicted upon the interests of the child to be adopted (e.g. the child is abused by his/her parents). While an ex post facto remedy for special adoption is ensured by the forfeiture of parental power (Article 834 of the Civil Code), dissolution is basically not allowed. The Family Court may, nevertheless, have the concerned parties dissolve the special adoptive relation on application of the adopted child, his/her natural parents or the prosecutor in cases where his/her parents are acknowledged to be capable of taking care of the child to a considerable extent and special need in the interest of the adopted child is recognized, due to abuse by the adoptive parents or other cause that is seriously harmful to the child ( paragraph 10 of Article 817 of the Civil Code).

(c) International Adoption

146. Japan recognizes both the adoption of foreign children by Japanese nationals and the adoption of Japanese children by foreign nationals.

(i) Adoption of Foreign Children by Japanese Nationals

147. As for substantial requirements for making an adoption effective, the Civil Code of Japan serves as the governing law. If the domestic law of the foreign adopted child's country prescribes requirements for the protection of adopted children (e.g. approval/consent of the adopted child or a third party, permission from public authorities, and other procedures), these requirements need to be satisfied (paragraph 1 of Article 20 of the Law concerning Application of Laws in General). As for formality requirements, laws of Japan serve as the governing laws (Article 22 of the said Law). Accordingly, ordinary adoption is effected upon acceptance of a notification submitted with annexed documents proving that these requirements are satisfied following the procedures prescribed by the Family Registration Law. In special adoption cases, the notification is to be submitted after the adoption is enforced by the adjudication of the Family Court.

(ii) Adoption of Japanese Children by Foreign Nationals

148. As for substantial requirements for making an adoption effective, the domestic laws of the country of the foreign adopter function as the governing laws. Nonetheless, requirements for the protection of children under the provisions of the Civil Code of Japan also need to be satisfied in that event (paragraph 1 of Article 20 of the Law concerning Application of Laws in General). With regard to formality requirements, either the law providing for the effectuation of adoption or the laws of Japan (law of the place of the act) become the governing laws (Article 22 of the Law concerning Application of Laws in General). If the laws of Japan are to be applicable, procedures prescribed by the Family Registration Law which we have referred to in (i) are to be followed.

149. The Panel Code of Japan provides for the punishment of anyone who kidnaps another by force, threat, fraud or enticement for the purpose of profit or transporting him/her out of Japan, who buys or sells another for the purpose of transporting him/her out of Japan, or who transports another out of Japan who has been kidnapped or sold. The Panel Code also prescribes punishment of anyone attempting to commit these acts, including Japanese nationals who commit such crimes abroad. Thereby, it is ensured that international adoption does not bring illegitimate financial benefits to the parties concerned. Under the provisions of the Child Welfare Law, moreover, each and every person other than a legally authorized employment agent for adults and children is prohibited from acting as a child-rearing intermediary for profit-making purposes, and anyone who violates the provisions is subject to punishment. Should the Family Court confirm that the adoption of a minor amounts to traffic in human beings, the adoption in question would not be permitted as it would obviously be injurious to the welfare of the child.

（単位：件）

(Table 9: A Statistical Table of Adoption Cases)

Case Type		1991	1992	1993	1994	1995
Regular Adoption	Application	2,006	1,761	1,839	1,646	1,603
Regular Adoption	Acceptance	1,529	1,310	1,258	1,205	1,111
Special Adoption	Application	852	700	680	722	558
Special Adoption	Acceptance	619	509	520	491	521
International Adoption	Application	512	437	484	451	452
International Adoption	Acceptance	381	359	337	339	299

(Source: Survey by the Supreme Court)

H. Illicit Transfer and Non-Return (art. 11)

150. In Japan, a person who kidnaps a minor by force, threat, fraud or enticement, kidnaps another by the same measures for the purpose of transporting him/her out of Japan, who buys or sells another for the same purpose, or who transports another out of Japan who has been kidnapped or sold shall be punished under the provisions of Article 224 and paragraphs 1 and 2 of Article 226 of the Penal Code. The Penal Code also prescribes punishment of anyone attempting to commit these acts. The provisions of subparagraph 7 of paragraph 1 of Article 34 of the Child Welfare Law prohibits acts transferring custody of a child to a person who is liable to violate any of the Penal laws and regulations, knowing such fact, or acts transferring custody of such a child to any other person, knowing that the child will be handed over to others for such purposes, and prescribes punishment on the offender thereof.

I. Abuse and Neglect (act. 19)

Protection of Children from Abuse, etc.

151. In Japan, the law protects children with the following actions:

Under the Child Welfare Law, a person who identifies a child whose guardian is found to be unfit to take care of the child must notify the Child Guidance Center to that effect, in cases of child abuse, etc. In cases where a guardian or tutor as a person of parental authority abuses of fails to take care of a child, or if the child's welfare is injured by placing him/her under the care and custody of the guardian, etc., the Child Guidance Center may send the child to an infant home or a protective institution. As an ex post facto measure, a prefectural governor may give orders and require a report on the protection of the child to the head of institutions. If a guardian disagrees with the child's admission to the institution, the governor may take such measures with the Family Court's approval. The Civil Code of Japan stipulates that the Family Court may adjudicate that a guardian lose parental authority if he/she abuses the parental rights. (The head of the Child Guidance Center may also claim for adjudication for the loss of such guardian's parental authority.) If there has been misconduct by the guardian, the Family Court may discharge him/her from the position of tutor.

152. If it is found that a child is assaulted or abused and there is a suspicion that his/her human rights are being violated, the civil liberties organs initiate an investigation of the matter as a case involving infringement upon human rights. If findings prove that the infringement is to be true, the organ makes the violator realize his/her fault by explaining it to the parties, with the aim of eliminating the infringement on human rights and preventing recidivism. If necessary, the civil liberties organs report the matter to Child Guidance Centers to protect the child in concert. In 1995, out of 16,296 cases involving infringement upon human rights, cases of child exploitation/abuse by parents numbered 615, whereas coercion and oppression cases amounted to 356.

153. The police give consultation to juveniles, parents and other interested persons as part of their activities to prevent juvenile delinquency and enhance child welfare. In 1995, 178 incidents of child abuse were brought to the police for consultation. If an incident of child abuse is identified through such consultation activities and other police practices, the police handle it as a case subject to law. The police endeavor to protect abused children even when the abuse cannot be handled as a formal case, by cooperating with relevant institutions: for instance, the police notify the Child Guidance Center and give temporary protection to the child upon the Center's request if it is found to be inappropriate to leave the child in the guardian's custody.

Prevention of Child Abuse, etc.

154. Recently in Japan, the environment surrounding the family has changed due to the growing prevalence of the nuclear family and the progress of urbanization. This has brought about complex problems such as weakening of the child-rearing capacity of families. Cases of child abuse by parents have been increasing rapidly, from 1,001 cases in 1990 to 1,961 cases in 1994. One of the factors causing child abuse is that parents in charge of child-rearing feel insecure and frustrated due to changes of family environment in which parents and children are becoming more detached from one another. In consideration of such trends, the following measures have been taken for the effective prevention of child abuse.

(a) Child Guidance Center (175 centers, as of 1995)

155. Every prefectural government is obliged to establish Child Guidance Centers which offer advisory services to families and other persons on various problems concerning children. For people who cannot visit, Centers make staff call at home and provide telephone-consultation services such as "dial 110 (emergency) for children and families" supported by the Experts' Team for Children and Families.

(b) Family and Children's Guidance Room (1,044 rooms, as of 1994)

156. Family and Children's Guidance Rooms are located in welfare administrative offices, which are familiar to residents. In the Rooms, family consultants and social welfare managers are posted to provide counsel/guidance services are available for various child-rearing problems in ordinary families, working to identify and instruct troubled children in earlier stages.

(c) Child Commissioner (210,000 commissioners, as of 1994)

157. Posted in every city, town and village, Commissioners work to grasp children's lives and their environmental conditions and engage in relief activities related to child protection, health, welfare and so forth.

158. As mentioned above, the number of cases of child abuse is trending upwards. Though child abuse used to be considered a private family problem, today it is recognized as a social problem which scars ordinary families. In response, "Urban In-Home Family Support Scheme" (refer to para. 17) and "Model Project for the Management of Child Abuse Cases" (refer to para. 18) have newly been adopted as steps to reinforce the protection for children. The Government intends to encourage public relations activities to raise public awareness on the issue as well as consolidate various measures to prevent child abuse.

Recovery and Rehabilitation of Abuse Children

159. Under the Child Welfare Law, Child Guidance Centers give temporary care to abused children until they return to child welfare facilities or their families. A Child Guidance Center consists of a chief child counselor, child welfare officer and a psychoanalyst in charge of providing temporary care to children. They work to protect children from abuse and exploitation by sending them to infant homes and protective institutions according to the children's conditions and family environments.

J. Periodic Review of Placement (art. 25)

160. As principal establishments which admit children for the purpose of care, protection or treatment of his/her physical and mental health, the following child welfare facilities are available: Infant Homes, Protective Institutions, Homes for Mentally Retarded Children, Facilities for Children with Auditory/Speech Disabilities, Facilities for Physically Weak Children, Homes for Physically Handicapped Children, Facilities for Severely Handicapped Children, Short-Term Clinics for Emotionally Disturbed Children and Home for Juvenile Training and Education. Article 46 of the Child Welfare Law provides for the right of administrative agencies to demand to examine these facilities to ensure they maintain the minimum standards. In accordance with this provision, a prefectural governor is required to enter and examine these facilities generally every six months under paragraph 2 of Article 12 of the Enforcement Ordinance of the Child Welfare Facilities.

VI. BASIC HEALTH AND WELFARE

A. Survival and Development (art.6, para2)

161. The Government has been undertaking the following measures under the provisions of the Maternal and Child Health Law on the basis of the idea that the health of infants and toddlers must be maintained and enhanced so as to ensure their sound growth both in mind and body. (A variety of other maternal and child health measures are taken. Refer to VI. C. for details.) Consequently, the infant and neonatal mortality rates have drastically improved.

(Table 10)

	Infant mortality rate (per 1,000 newborns)	Neonatal mortality rate (per 1,000 newborns)
1960	30.7	17.0
1970	13.1	8.7
1980	7.5	4.9
1990	4.6	2.6
1994	4.2	2.3

(Source: Survey by the Ministry of Health and Welfare)

(a) Measures for Underweight Infants

162. In Japan, if a newborn baby weighs less than 2,500g, the Health Center shall be notified to that effect, and if necessary, the Government will provide call-at-home guidance for premature babies and medical allowances for child rearing.

(b) Measures for Premature Babies

163. As a premature baby tends to be physiologically immature and prone to illness, the death rate is higher compared to average babies. Because of the fact that premature babies require extensive medical treatment, the Government bears medical expenses involved and, if necessary, provides call-at-home guidance services.

(c) Pediatric Support

164. Physically handicapped children are provided with rearing and medical benefits and artificial body parts. Children suffering from tuberculosis receive rearing/medical allowance. Additionally, 33 institutions for physically weak children are established throughout Japan aiming to engage in medical control of their health. The Government gives aid for medical expenses to children suffering from cancer and chronic diseases.

(d) Consolidation of the Pregnancy Care System

165. The Government has been improving Newborn Intensive Care Unit (NICU) and Pregnant and Fetus Intensive Care Unit to cope with unexpected, emergency situations associated with pregnancy and delivery. Moreover, it has been developing the Doctor Car System, for carrying doctors and nurses to give medical treatment, with the aim of facilitating the transportation of newborn babies from hospitals to NICUs. In 1996, it started to subsidize the operating cost of the General Pregnant and Infant Medical Treatment Center, reinforcing care of the health of pregnants and newborn babies before and after parturition, especially for those with high risks.

B. Disabled Children (art. 23)

166. The Fundamental Law for People with Disabilities provides that: as an individual, the dignity of each and every handicapped person shall be respected; he/she shall have the right to be treated in regard of such inherent dignity; he/she shall be afforded the opportunity to participate in social, economic and cultural activities, etc. as a member of society; he/she shall strive to actively participate in socioeconomic activities by utilizing his/her abilities; and his/her family shall endeavor to enhance his/her independence. The Child Welfare Law prescribes that the life of each and every child shall be equally guaranteed and protected.

167. he number of physically handicapped children was 92,500 in 1987 and 81,000 in 1991, showing a downward trend. The population of mentally handicapped children was 100,000 in 1990. Both physically and mentally disabled children will be referred to as "disabled children" hereinafter.

(unit: person)

(Table 11 : Number of Disabled Children)

	Total	0-4 years old	5-9	10-14	15-17
Physically disabled children (as of 1991)	81,000	12,100	23,300	24,700	18,900
Mentally disabled children (as of 1990)	100,000	10,300	25,300	36,500	27,800

(Source: Survey by the Ministry of Health and Welfare)

168. Under domestic laws mentioned above, the Government is applying various measures broadly in such fields as welfare, health, medicine, education, employment and so forth, in order to minimize handicaps and ensure that disabled children are able to lead lives similar to those of non-handicapped children. However, in the social environment surrounding disabled children (persons), there are still physical obstacles in transport facilities buildings and soon, in addition to cultural and information barriers such as the lack of braille and sign-language services. It is crucial to eliminate these obstacles, to encourage disabled children (persons) toward self-support, and to establish a fair society where they could participate in social activities without any difficulties. The Government formulated "The Plan for Disabled Persons" in December, 1995, for which policy targets will be specified and health/welfare measures for disabled persons will be implemented systematically.

Welfare and Medical Treatment

(a) Policies for Health and Medical Care

169. In order to identify retardation and disability in the physical or mental constitution and take swift, adequate measures, the Government conducts medical examinations for infants and mass-screening tests for newborn babies to detect cogenetic metabolic disorders (such as phenylketonuria) and cretinism.

(b) In-Home Welfare Service

170. To consult disabled children and their parents/guardians, Health Centers give health guidance not only on a group basis such as Mother (Parents) Classes, but also on an individual basis through call-at-home counseling. They also give instructions on medical care so that children with physical disabilities and those with risks of functional disorders in the future may receive prompt and proper medical treatment and welfare services. Under the Child Welfare Law, moreover, the Government conducts the In-Home Child-Care Service Scheme, the Child Day-Care Service Program, the Temporary Nursery Care Program and Provision of Appliances for Daily Living.

(i) Provision of Appliances for Daily Living

The Government gives or lends appliances for daily living for the convenience of handicapped children who have difficulties in everyday life.

(ii) In-Home Child-Care Service Program (Home-Helper Program for Disabled Children/Persons)

The Government supports families with severely disabled children who cannot lead normal everyday lives themselves, by sending home-helpers for daily care including housekeeping, medical care and so on, so that those children can enjoy a stable life.

(unit: person)

(Table 12 : Trends in the Number of Home-Helpers)

Year	1994	1995
Number of home-helpers	59,005	92,482

(Source: Survey by the Ministry of Health and Welfare)

(iii) Implementation of Children's Day-Care Service Program (Schooling Program for Disabled Children)

Under this program, disabled children attend from homes to receive guidance on how to undertake basic motional tasks required in everyday life and to undergo training to adapt to communal life.

(unit: number of schools)

(Table 13 :Trends in the Number of the Disabled of the Disabled-Children Schooling Program)

Year	1994	1995
Number of home-helpers	292	297

(Source: Survey by the Ministry of Health and Welfare)

171. To lighten the economic burden imposed on families, the Government provides special child-rearing allowances and disabled-child welfare benefits. In 1996, the government-run postal saving program will offer favorable interest rates on fixed-time deposits to families with bedridden children to promote self-support efforts in mitigating their economic burden.

(c) Institutional Welfare Services

172. Various institutions are available for the active remedy and training of children, as homes, in accordance with the degree of disability, and as centers for assisting with employment and promoting social participation. These include: facilities for mentally retarded children and physically handicapped children, nursery homes, institutions for children with auditory/speech disabilities, nurseries for infants with hearing difficulties, and facilities for severely disabled children. Admission to these child welfare institutions is free if the parents' income is below a certain level.

(Table 14 :Current Status of Institutions for Disabled Children) (As of October 1, 1994)

	Number of institutions (facilities)	Capacity (persons)	Number of staf (persons)
Institutions for mentally disabled children	296	18,182	14,943
Institutions for autistic children	7	336	227
Schools for mentally disabled children	222	8,202	6,769
Institutions for physically disabled children	70	7,938	5,202
Schools for physically disabled children	79	3,260	2,358
Clinics for physically disabled children	8	425	287
Institutions for blind children	20	707	242
Institutions for children with auditory/speech disabilities	17	643	269
Schools for children with hearing difficulties	26	860	642
Institutions for severely handicapped children	76	7,778	7,559
National clinics for children suffering from myotonia (sickbed commission)	27	1,772	997
National clinics for persons with advanced diseases (sickbed commission)	80	8,080	7,717
Rehabilitation centers for mentally disabled persons (commuting-style centers)	1,040	68,592	68,901
	224	9,431	8,614
Maternity clinics for mentally disabled persons (commuting-style clinics)	205	12,138	11,793
	1,562	21,766	21,224
Dormitories for mentally disabled workers	111	2,635	2,475
Welfare homes for mentally disabled persons	55	632	22

(Source: Survey by the Ministry of Health and Welfare)

Education

173. The Government provides special education for children who have difficulties attending regular classes or are unlikely to make educational progress through regular classes due to their disabilities, with full consideration paid to the type and degree of disability. Its objectives are to embody individuals' talents and to help them support themselves and participate in society. Moreover, special courses corresponding to each disability are also available at schools for children with visual impairments, children with hearing impairments and handicapped children, in addition to special classes, etc., in elementary and lower secondary schools. In such courses, classes are kept small, teachers with expert experience and knowledge are posted, and consideration is paid to make institutions and facilities "handicapped-friendly."

As of 1994, the number of schools for children with visual impairments, children with hearing impairments and handicapped children, and the number of students, were as follows:

(Table 15: Number of Special Schools and Students)

Schools for children with visual impairments	Schools for children with hearing impairments	Schools for the otherwise handicapped
70	107	791	(unit: schools)
4,696	7,557	74,966	(unit: persons)

(Source: Survey by the Ministry of Education)

(Table 16: Number of Special Classes and Students)

Elementary schools	Lower secondary schools
14,835	7,014	(unit: classes)
44,319	22,632	(unit: persons)

(Source: Survey by the Ministry of Education)

174. The Government implements various measures to consolidate the special education system. For example, as a new form of special education, the Government introduced a system of teaching disabled children in ordinary classes in 1993, under which students with minor disabilities are given education in regular classes most of the time and receive special guidance corresponding to the disability in resource rooms.

(Table 17: Number of Students Receiving Special Support Services in Resource Rooms)

Elementary schools	Lower secondary schools
13,628	441	(unit: persons)

(Source: Survey by the Ministry of Education)

175. The Government provides allowances to encourage special education covering part or all of the expenses involved for entering schools for children with visual impairments, children with hearing impairments and handicapped children, depending on the guardian's income capacity. It aims to lighten the economic burden imposed on the guardian and encourage the schooling of disabled children, in consideration of the special conditions for attending such schools. In 1994, for the purpose of expanding the scope of allowances, the Government has raised allowances as well as their frequency to cover travel expenses for children's return to home.

Employment

176. Public employment security offices and employment centers for disabled persons provide employment guidance, vocational training and employment agency services for all disabled persons, including children. These are conducted as employment rehabilitation measures according to the laws for the promotion of disabled people's employment, the New Long-Term Program for Government Measures for Disabled Persons, basic guidelines for measures for handicapped persons and the disabled persons' plan.

Recreation

177. To ensure that disabled persons, including children, have the opportunity to enjoy sports and cultural activities just as non-handicapped people do, the Government is working to promote sports for disabled persons by holding national sports tournaments for physically handicapped persons and the Yu-Ai Pic, which is for mentally handicapped persons. In addition, the Government supports handicapped people's cultural activities and encourages the construction of theaters and concert halls that are "handicap-friendly."

International Cooperation of Medical Treatment for Disabled Children

178. It is effective and important for Japan, in terms of international cooperation, to use its skill and experience in measures for disabled persons in developing countries through Official Development Assistance (ODA) and aid groups in the private sector. The ODA Charter requires Japan to "pay full consideration to children, disabled persons, the elderly and other individuals in a socially weak position." With regard to cooperation related to disabled persons, the Government extends technical cooperation by such means as inviting rehabilitation experts and instructors from developing countries to Japan as trainees of the training programs of Japan International Cooperation Agency (JICA), and dispatching Japanese experts and Japan Overseas Cooperation Volunteers (JOCV). On the basis of the New Long-Term Program for Government Measures for Disabled Persons, basic guidelines for measures for handicapped persons and the disabled persons' plan, the Government holds international seminars and conducts training courses for rehabilitation specialists in Asian countries.

179. The Government contributes to the United Nations Voluntary Fund on Disability which aims to deal with requests from developing countries and organizations for disabled persons to achieve the goals of the "The World Programme of Action Plan concerning Disabled Persons" (adopted at the 37th United Nations General Assembly in 1982), such as the prevention of disabilities, effective rehabilitation, and so on. As of 1994, Japan contributed $900,000 in total to the Fund (the third largest contributor in the world). It also provides aid to the projects implemented by the Economic and Social Commission for Asia and the Pacific (ESCAP), which amounted to roughly $200,000 in 1994.

180. Furthermore, as NGO activities in developing countries have been vigorous in recent years, the Government is conducting international cooperation by providing subsidies for NGO projects and Grant Assistance for Grassroots Projects to those involved in protecting disabled children to prevent children from becoming disabled, exchange information on rehabilitation and transfer technologies and expert knowledge.

C. Health and Health Services (art. 24)

181. In Japan, various maternity and child measures are applied under the Maternal and Child Health Law, including those concerning health guidance, medical examination and medical treatment, as shown below, from puberty, pregnancy, delivery to child-rearing. They are based on the idea that the motherhood should be respected and protected as the foundation for the sound birth and growth of the child and that the mother's health should be maintained and enhanced to ensure the healthy growth of infants and toddlers.

In recent years, however, the social environment surrounding mothers and children in Japan has changed drastically owing to the falling number of children per household and the increasing number of nuclear families. Various problems have been arising as a result, such as intense worries about child-rearing. In response, there are loud calls for the promotion of firm policies to satisfy new demand from the people and establish an environment where mothers can bear and rear children without concern, by improving maternal and child health programs in municipalities.

Health Care Measures

(a) Issuance of the Maternal and Child Health Handbook to Mothers Reporting Pregnancy

182. If a woman becomes pregnant, she must immediately report to the municipal authorities to receive a Maternal and Child Health Handbook, which serves as a health record for the mother and baby from pregnancy, through delivery, to the rearing stage. The Handbook can also serve as a certificate proving completion of required preventive inoculations by the recording of necessary matters therein.

(b) Health Guidance for Pregnant Women and infants

183. Health Centers and municipal offices propagate general information on maternal and child health care and give individual guidance to pregnant women and babies through nurses upon request.

(c) Infrastructure of Municipal Activities

184. As bases for various maternity and child health-care activities, maternal and child health centers and municipal health care centers are established in municipalities. As of the end of 1995, the number of centers reached to 410 and 1,503 respectively. Municipal governments hold seminars on child rearing and provide maternal and child health care counseling services to pregnant women and guardians of infants, giving advice according to individual circumstances.

(d) Health Examination for Pregnant Women and Infants

185. Medical examinations during the period of pregnancy are crucial for the smooth delivery of a healthy baby. Pregnant women can have general medical check-ups twice and, if necessary, a close examination once for free at medical institutions. All babies, who can also have general medical check-ups twice and, if required, a close examination twice for free at medical institutions, are subject to mass-screening examinations on phenylketonuria, inborn errors of metabolism and cretinism. In addition, medical examination services for eighteen-month-olds and three-year-olds, as well as health examinations for pregnant women and infants are available whenever necessary.

(e) Vaccination

186. Under the Preventive Vaccination Law, infants are inoculated against diphtheria and whooping cough.

Health Examinations at School

187. Pursuant to the School Health Law, schools give health examinations upon entering school in addition to regular health check-ups and medical advice during the school term.

Nutrition Improvement

188. Under the Community Health Law, the Government provides counseling services ,etc. concerning infants and nutrition improvement to improve and enhance public health. Under the Nutrition Improvement Law, moreover, the Government conducts the National Nutrition Survey on health conditions and nutrition intake of the people, and dietitians are posted at health centers to give necessary advice to residents including children and to institutions providing meals to large numbers of people, such as child welfare facilities.

International Cooperation

189. Based on the ODA Charter, the Government implements international technical cooperation programs in the field of health and medical care through the Japan International Cooperation Agency (JICA): It undertakes various schemes of technical cooperation, for instance, with the support of medical workers, including doctors working for government-run hospitals, especially in the field of maternal and child health care. It also issues grants directed to the health/medical care sector for improving medical institutions, waterworks, sewerage facilities and waste disposal plants, etc. In addition, the Government invites and conducts training programs for specialists in maternal and child heath care from developing countries.

190. Japan contributed to the World Health Organization(WHO) approximately $48.99 million and voluntarily donated roughly $23.05 million in 1995. Accordingly, the Government conducts international cooperation activities to enhance the health of children through information exchange, technological cooperation and special training programs, etc.

191. The Government attaches considerable importance to cooperation on vaccination under WHO's two principal ideas, that is, the "Polio Eradication Plan," which aims to eradicate polio from the earth by the year 2000, and "Children's Vaccine Initiative (CVI)," which aims for the improvement of existing vaccines, the development of new vaccines and the reinforcement of the vaccine supply and demand system. Japan has been actively cooperating in this field by providing polio vaccine on National Immunization Day, vaccine for regular inoculation of children under the Expanded Programme on Immunization (e.g. polio/tetanus/BCG, and DPT vaccine) and "cold chain" (a series of items of equipment for storing and moving vaccines at low temperature), especially for Asian countries. In implementing this cooperation, the Government is actively making efforts to coordinate bilateral cooperation with multilateral cooperation under WHO and UNICEF.

D. Social Security and Child Care Services and Facilities (arts. 26 and 18, para. 3)

Social Security

192. To ensure social security as provided for paragraph 1 of Article 26 of the Convention, the Government provides both medical and income supports. Medical support is ensured by various medical insurance systems in addition to government subsidy programs for health care of infants and children. Income support, on the other hand, includes child allowance, child rearing allowance, special child rearing allowance, handicapped child welfare benefits, survivor's pension and daily life security.

193. With regard to medical support, all the persons living in Japan, including children, are required to join the national health insurance scheme. Depending on the person's or his/her guardian's solvency, municipal governments bear part or all of the expenses involved in supplying: medication to enable handicapped children to make a living; artificial body parts furnished for children holding handicapped status certification; medical fostering for assisting the education and recuperation of children suffering from tuberculosis.

194. As to social welfare, various benefits such as the Child Allowance, the Child-Rearing Allowance and the Special Child-Rearing Allowance are provided according to the income level of the qualified recipient caring for the child in question, depending on the existence and the number of dependent relatives, which is established by government ordinances.

(a) Child Allowance Scheme

195. Introduced in 1972, the Child Allowance scheme is implemented with the aim not only to stabilize family life by relieving the household's economic burden arising from child rearing, but also to support the healthy growth and enhance the constitution of children, the rising generation. The Government has revised the Child-Rearing Allowance Law to support both employment and child-rearing in view of the changing environment surrounding children and families such as the declining birth rate in recent years. Following the revision, it renamed welfare facilities as "Child-Rearing Enterprises" in the interests of promoting various child-rearing services; the stability and continuity of Enterprises have been ensured by the collection of contributions, mainly from companies, for establishing Enterprises afresh.

(Table 18: Outline of Child Allowance)

Subject :	Any child
Term of allowance :	Expires on child's third birthday
Amount :	First and second child: ¥5,000/month Third and more additional children: ¥10,000/month
Income Requirement :	Below ¥2,396,000 (per 4-person-household) (enforced on and after June, 1996)
Special Allowance :	If the applicant or public officer is unqualified due to the income limit, he/she receives a benefit equivalent to the amount of Child Allowance paid fully by his/her company or public office, provided that his/her income is below ¥4,178,000 (per 4-person-household). (enforced on and after June,1995)
Number of qualified children :	2,485,032 (as of the end of February, 1996)

(b) Child-Rearing Allowance Scheme

196. To enhance the economic stability and independence of families which are fatherless due to parent's divorce, etc., the Government provides Child-Rearing Allowances for qualified children to facilitate their welfare.

(Table 19 : Outline of Child-Rearing Allowance)

Subject:	A mother of a fatherless household or a guardian who cares for and rears a child until the first end of March after the child's 18th birthday (up to the child's 20th birthday in the case of handicapped children)
Amount:	One child * Full allowance = ¥ 41,390 * Partial allowance = ¥ 27,690 (enforced on and after April, 1995) : Two children = additional ¥ 5,000 : Three children = additional ¥ 3,000 per child
Number of qualified :	Approximately 880,000 (as of the end of March, 1995) children

(c) Special Child-Rearing Allowance

197. Special Child-Rearing Allowances are issued to parents caring for or rearing at home children under 20 years of age with disabilities of medium degree or more.

(Table 20 : Outline of Special Child-Rearing Allowance)

Amount (per month)	: The first grade = ¥ 50,350 : The second grade = ¥ 33,530 (enforced on and after April, 1995)
Upper limit of income	: For the recipient = ¥ 7,410,000 (4-member household) : For the guardian = ¥ 9,041,000 (6-member household) (enforced on and after August, 1995)
Number of qualified children	:125,947 (as of March, 1995)

198.The Public Assistance Law which applies to children as well, stipulates that: the level of aid shall satisfy but not exceed the demands for enjoying the minimum standard of living in consideration of the applicant's sex, age, family composition, living area, and other essential conditions according to the type of aid; and effective, pertinent support shall be provided effectively and appropriately in view of the applicant's age, sex, health condition and the discrepancies between the individual's or household's current status and the required standard of aid in practice.

Provision of Services for Child Rearing

199. The following services are available for child rearing:

(a) Day-Care Centers

200. Municipal governments are responsible for admitting children at day-care centers in cases where it is recognized that neither parents (guardians) nor other family members can take care of the child because the parents are normally at work during the day. As of April, 1994, the number of day-care centers numbered 22,532, and the number of children attending the centers amounted to 1,593,161.

(Table 21 : Trends in the Number of Day-care Centers)

Year	Number of day-care centers			Total capacity	Current registrants
	Total	Public	Private	(persons)	(persons)
1989	22,742	13,419	9,323	1,992,525	1,662,465
1990	22,703	13,380	9,323	1,978,989	1,637,073
1991	22,669	13,347	9,322	1,968,666	1,622,326
1992	22,637	13,322	9,315	1,958,796	1,618,657
1993	22,583	13,277	9,306	1,945,915	1,604,770
1994	22,532	13,230	9,302	1,935,054	1,593,161

(Source: Survey by the Ministry of Health and Welfare)

201. The operating costs of day-care centers are calculated, including the labor, service and management, and the rearing cost per child according to the child's age category is determined to ensure that child rearing services are provided adequately. In terms of facilities, it is believed that most day-care centers throughout the nation satisfy the required standards, owing to active efforts made each year to consolidate facilities to meet child-rearing needs. It is necessary, nonetheless, to construct new facilities, especially focusing on suburban areas where the rise in population is dramatic. Moreover, it is necessary to encourage rebuilding of old facilities to deal with disasters and new needs.

(b) Subsidies for Companies

202. To ordinary companies contributing child allowances, the Government provides a subsidy for establishing day-care facilities for employees' children.

203. Additionally, in response to women's diversified needs relating to work and child rearing, the Government actively promotes special nursery measures, such as infant nursery care and extended time day-care services.

(c) Nursery Care for Newborns

204. To ensure the security of newborn babies (less than 1 year old) and their sound development both in mind and body, nursery care must be provided in consideration of such conditions as facilities and staff. On these grounds, the government posts extra nurses to nurseries meeting facility and operation standards. Nurseries with such extra nurses numbered 7,645 in 1994.

(d) Extended-Hour Nursery Care Service Program

205. The Government launched Extended-Hour Day-Care Services in 1994, integrating the conventional extended-hour nursery care with long-hour nursery care. Subsidies are provided to nurseries offering service Type A (two-hour extension), Type B (four-hour extension) and Type C (six-hour extension). 1,649 nurseries were subsidized in 1994.

(e) Night-Time Nursery Care

206. The Government subsidizes night-time nurseries offering services roughly between 1:00 p.m. and 10:00 p.m. The number of night-time nurseries subsidized totaled 37 in 1994.

(f) Day-Care for Children With Disabilities

207. The Government posts extra nurses to day-care centers caring for and admitting a large number of children with disabilities on a daily basis (children subject to Special Child Rearing Allowances). Extra nurses were posted at 4,381 day-care centers for children with disabilities in 1994.

(g) Temporary Nursery Care Program

208. The Government subsidizes nurseries providing flexible nursery care services to deal with diversified working patterns of women who needs services for a few of days per week (due to part-time work, etc.), in addition to those offering emergency nursery care services to respond to urgent needs arising from unexpected illness or sudden injury of guardians. 387 nurseries were involved in the program in 1994.

209. Under the "After-School Child-Care Program" the Government promotes the healthy growth of children in lower grades of elementary school whose parents (guardians) are not present during the daytime (after the classes are over) by fostering, advising, and offering recreation programs to such children after school.

210. In response to the falling number of children per household, the ever-increasing participation of women in public affairs, and other changes in the environment surrounding children, the Ministers of Education, Health and Welfare and Labor and Construction reached an agreement to adopt a program entitled "The Basic Direction of Support for Child-Rearing" (the Angel Plan) on December 16, 1994, for the purpose of promoting comprehensive and systematic policies to support child-rearing. As part of the Angel Plan, furthermore, the Minister of Finance, the Minister of Health and Welfare and the Minister of Home Affairs agreed to implement a plan entitled the "Five-Year Program on Emergency Measures for Nursery Care" on December 18, 1994, with the aim of implementing policies for baby care (0-2 years old) and extended-hour nursery care. (For details, refer to para.19.)

211. The Government protects children deprived of the family environment and those suffering from abuse through sending them to child welfare facilities, etc. (For details, refer to V.F.)

212. The Government promotes the health of infants and toddlers through implementing various maternal and child health programs, and encourages the provision of various welfare services for children with disabilities. (For details, refer to IV A., B. and C.)

Child Commissioners

213. A child commissioner is a private volunteer posted in municipal offices, as provided for in Article 12 of the Child Welfare Law, who is in charge of staying informed about the living conditions and the environment of children and pregnant women in the district. They provide assistance and guidance in relation to protective, health-care and other welfare services, and cooperate in activities undertaken by Child Guidance Centers, Welfare Offices and other administrative offices (e.g. welfare activities for children, maternal and child care, and mentally handicapped persons). In municipal offices across the country, there are approximately 210,000 individuals appointed as district child-welfare commissioners by the Minister of Health and Welfare. Also, since January 1994, about 14,000 individuals have been delegated as chief child commissioners, specializing in counseling and assistance activities for the welfare of local children and pregnant women.

(Table 22 : Counseling and Guiding Activities by the Child Commissioner)

Activities of child commissioner
	Child welfare	Maternal/child welfare	Maternal/child health care	Total
1994 Number of cases	916,441	526,931	198,822	1,642,194

(Source: Survey by the Ministry of Health and Welfare)

E. Standard of Living (art.27)

214. Article 25 of the Constitution of Japan guarantees the right of the people, including children, to enjoy the minimum standard of living. The Government takes the following steps to support parents and other guardians responsible for children to ensure the children's rights to enjoy a reasonable standard of living.

(a) Provision of Child Allowance (reference: para.195)

(b) Provision of Child-Rearing Allowance (reference: para.196)

(c) Provision of Special Child-Rearing Allowance and Welfare Allowance for Children with Disabilities (reference: para.197)

(d) Assistance Regarding Nutrition Intake of Newborn Babies and Infants under the Maternal and Child Health Law

: For the purpose of maintaining and enhancing the health and managing the diet of infants and toddlers, group activities are conducted and nutritious foods are distributed.

(e) Livelihood Protection and Housing and under the Public Assistance Law

: The Public Assistance Law is a general law for individuals who are unable to maintain the minimum standard of living due to poverty, under which poverty-stricken individuals are supplied with articles essential to everyday life (e.g. clothing, food), accommodation and other items necessary for the maintenance/repair of houses on a cash basis or, if necessary, by an allowance in kind.

(f) Housing Finance by the Housing Loan Corporation

The Housing Loan Corporation regularly issues long-term, fixed, low-interest housing loans.

(g) Construction of Public-operated Housing

In cooperation with local authorities, the Government constructs public-operated housing sufficient to enjoy a wholesome and cultured life and rents them at a low rate to low-income earners who need houses.

VII. EDUCATION, LEISURE AND CULTURAL ACTIVITIES

(Table 23 : Number of Students by School-type) (As of May 1, 1995)

Category	Number of schools	Number of enrolled students
Total	58,369	22,662,246
Elementary Schools	24,548	8,370,246
Lower Secondary Schools	11,274	4,570,390
Upper Secondary Schools	5,501	4,724,945
Universities	565	2,546,649
Junior Colleges	596	498,516
Colleges of Technology	62	56,234
Schools for children with visual/hearing impairments or other disabilities	967	86,834
Kindergartens	14,856	1,808,432
Special Training Schools	3,476	813,347
Miscellaneous Schools	2,821	321,105

* Notes: 1. In the Table, the total does not include the number of schools and enrolled students in Special Training Schools and Miscellaneous Schools. 2. In the Table, the number of enrolled students in Upper Secondary Schools include those in advanced courses and short-term courses; The number of enrolled students in Universities and Junior Colleges include those in graduate schools, advanced courses and short-term courses as well as auditors and special non-degree students; The number of enrolled students in Colleges of Technology include those in advanced courses.

(Source: Survey by the Ministry of Education)

A. Education (including Vocational Guidance ) (art. 28)

(a) A. Education (including Vocational Guidance ) (art. 28)

215. Kindergartens are schools which aim to provide care to and promote the mental and physical development of children (those from 3 to 5 years of age) by providing an appropriate environment. Education in kindergartens is not compulsory, since their objective is to nurse children who are in pre-school stage. As of 1994, however, approximately 60% of children of 5 years of age entered kindergartens. About 90 % of them went to kindergartens or nursery schools. Considering the importance of education during infancy, it is desirable to provide opportunities for kindergarten education to all children from 3 to 5 years of age. The Government is, therefore, endeavoring to disseminate kindergarten education, consolidating both public and private facilities and implementing the program in which allowances to encourage kindergarten education are provided for guardians of pre-school age children to mitigate their economic burden.

(b) Compulsory Education (Elementary school education and lower secondary education)

216. In Japan, children from 6 to 15 years of age must attend elementary school and lower secondary school. Meanwhile, non-Japanese children are not required to attend school under the compulsory education system. If they wish, however, they are given the same educational opportunities. Elementary schools are intended to provide six-year general elementary education for boys and girls from 6 to 12 years old, according to their mental and physical development. Lower secondary schools are intended to provide three-year secondary education for boys and girls from 12 to 15 years old, according to their mental and physical development based on the education achieved in elementary schools.

217. Compulsory education offered by national and public schools is free of charge, and the textbooks used for compulsory education are supplied gratis by the Government, not only to pupils and students of national and public schools, but also to those in private schools. Moreover, cities, towns and villages must provide necessary aid to guardians who are recognized to have financial difficulty having their school-age children attend schools (Articles 25 and 40 of the School Education Law), so that compulsory education can be smoothly achieved. The Government also helps promote smooth implementation of compulsory education through the Law Concerning National Treasury's Share for the Encourage School Attendance of Pupils Having Financial Difficulties, which provides that the Government should subsidize municipalities encouraging education by offering school supplies to the children and students who have difficulties attending school for financial reasons. These measures for free compulsory education apply to non-Japanese children as well.

In Japan, to maintain a certain standard of elementary and secondary education throughout the nation and to ensure equal opportunity of education in practice as guaranteed by the Constitution, the Enforcement Regulation of the School Education Law (the Ministry of Education Ordinance) has established standards for school curricula, stipulating the course of study and the standard hours allotted to them each year. In addition, the "Courses of Study," the government guidelines for teaching (Notification by the Ministry of Education), specify standards for the content of each subject.

(c) Upper Secondary Education

218. An upper secondary school is an institution for upper secondary education, which provides higher general and specialized education. The School Education Law provides that those who graduated from a lower secondary school or its equivalent, or those who are considered by the competent authorities to have equal to, or higher scholastic ability than the above-mentioned students, are eligible to enter an upper secondary school, regardless of sex, race, nationality, or any other factor. In addition, Japan provides financial assistance for those who are unable to enter school for economic reasons, through scholarship funds, etc., whenever necessary. Japan is taking measures necessary to ensure equal opportunity for the upper secondary education, and consequently, about 97% of eligible students entered upper secondary school in 1995.

(d) Higher Education

219. The School Education Law provides that those who graduated from an upper secondary school or those who have completed 12 years of school education in regular courses, or those recognized to be equivalent to, or higher than, those mentioned above in regard to academic achievements in accordance with the conditions stipulated by the competent authorities are eligible to enter a higher education institution, namely, university or college, regardless of sex, race, nationality, or any other factor. Furthermore, the University of the Air was established in 1983 with the objective of providing the people with greater opportunities to receive high-level education, by promoting a new type of university education through broadcasting, etc. University of the Air offers higher education by effectively using diversified media, such as television and radio. Moreover, under the Japan Scholarship Foundation Law, the Japan Scholarship Foundation offers scholarships to excellent students who have financial difficulties. In addition to the Foundation, other organizations such as local public organizations and public corporations also extend scholarships to encourage education. Furthermore, both public and private universities reduce or exempt tuition fees for students according to their financial situations.

(e) Use of Information on Education and Occupation

220. At school, guidance/counseling is given to students to help them have a clear objective for their present and future life and acquire the ability and will to determine their course of life with their own will and responsibility. In giving guidance/counseling, it is important to accurately grasp the ability and aptitude of students through all educational activities, and then collect and use information on courses of life and carry out enlightening activities methodically and systematically. In this way, various training activities have been carried out and guidance materials have been produced.

221. In cooperation with schools, the Public Employment Security Office offers systematic vocational counseling, keeping close relations with guidance/counseling given at schools, so that new graduates can select occupations according to their aptitude and ability. As part of vocational counseling, such tests as the General Vocational Aptitude Test and Occupation Readiness Test (except for junior high school students) are conducted to grasp aptitude and promote self-understanding. In addition, various kinds of vocational information, lectures on occupation, and vocational counseling are available.

(f) Encouragement of Regular Attendance

222. In Japan, to make sure every child receives compulsory education, the municipal board of education registers all school-age children in the student list and designates to guardians a school in which a child should enroll upon his/her entrance to school. The school's principal is required to keep precise records of the attendance rate of enrolled students and give them appropriate guidance. Moreover, the municipal board of education should remind guardians to have children attend school if they fail to do so without justifiable reasons.

223. In reality, however, there is a growing number of students suffering from the so-called school-phobia in recent years. These students do not or cannot attend school, mainly due to psychological, emotional, physical, or social factors and backgrounds (except for diseases or financial reasons). To solve this problem, the Government is advising the boards of education to deepen understanding of each child and give guidance, respecting their individuality, at school. Various measures have also been taken to improve the aptitude and ability of teachers, to establish a system to offer educational counseling, and to promote cooperation among families, schools and local communities.

224. As for withdrawal from upper secondary schools, the Government is advising the board of education to work on this issue comprehensively and actively through the following measures:

(i) Promotion of diversified, flexible and individual-oriented education in upper secondary schools through selection-oriented curricula.

(ii) Careful guidance suitable for each individual, promoting "lively classes" and "easy-to-understand classes."

(iii) Making upper secondary school education system more flexible by positively accepting the transfer of students (to new schools, courses, and classes) to allow a student to change his/her course.

Various measures have also been taken to make the most of each student, promote individuality-oriented education, raise the standard of teachers and set up a system for educational counseling.

Measures against the problem of bullying

225. Recently, bullying has become a serious problem in Japan and the situation is grave where a number of suicides presumably caused by bullying have occurred. This is a serious concern which may affect children's rights. The Government, therefore, guides the boards of education, etc. to thoroughly work on this issue at schools, strongly recognizing that "bullying the weaker shall never be allowed." The Government also advances measures to respect each child, emphasize individuality, improve the aptitude and ability of teachers, post experts from outside of schools, establish a system to offer educational counseling, and promote cooperation between families and local communities. At the same time, the Government tries to instill respect for human rights, including the right to life, in children through all educational activities.

Regarding this problem, other administrative organs in addition to the Ministry of Education conduct in concert various measures such as counseling services and public relations activities. Civil liberties organs of the Ministry of Justice, for instance, have set their main target for public relations activities in 1996 as "Let's Protect the Rights of Children - Bullying: don't do it, don't let it happen, don't overlook it -," and are launching campaigns with this target throughout the nation with the support of schools, families and local communities. The police, furthermore, make efforts to identify bullying cases promptly and prevent recurrence, providing appropriate measures for the bully through thorough investigation of cases and conducting rehabilitation activities for victims in consideration of their character, surrounding environment and the degree of psychological damage.

(h) School Rules

226. In Japan, school rules may be established for students, so long as they are reasonable and necessary for achieving educational goals. The Government has sent notices to educational institutions to continue to improve school rules in consideration of the actual conditions of students, guardians' viewpoints, and the actual state of local communities, since school rules are related to daily education and guidance. At Japanese schools, disciplinary actions may be taken when they are considered necessary for educational purposes. In taking disciplinary actions, the Government instructs educational institutions to carefully consider whether such actions are really necessary from the educational viewpoint, and pay full attention to the circumstances surrounding each student by listening to his/her explanation and opinions. It is also important that such disciplinary actions have essential educational effects, instead of just serving as sanctions.

227. In Japan, corporal punishment is prohibited under Article 11 of the School Education Law. The Government has been giving instructions to educational institutions to realize the principle of the provision "no corporal punishment" in every possible opportunity. Civil liberties organs of the Ministry of Justice, if they receive such reports or information on corporal punishment, investigate the cases suspected to have infringed upon human rights, hearing explanations from the people concerned. After investigation, they awake (with "instruction" or "warning") the teacher and the principal of the school to respect fundamental rights of children and request them to take measures to prevent repeating such acts. In 1994 and 1995, among cases involving infringement upon human rights (16,035 cases in 1994 and 16,296 cases in 1995), cases of corporal punishment numbered 89 and 111 respectively.

(i) International Cooperation

228. Japan extends cooperation to the activities of the United Nations Educational, Scientific and Cultural Organization (UNESCO): It contributes to UNESCO the Funds-in-Trust for the Promotion of Literacy ($700,000 in fiscal year 1995) for the Asia-Pacific Programme of Education for All (APPEAL) and also holds training seminars under the Asia and the Pacific Programme of Educational Innovation for Development (APEID). In addition, Japan subsidizes the Asia/Pacific Cultural Centre for UNESCO to support the programs of development of literacy materials, etc. Under these programs and other related activities, Japan dispatches Japanese experts to developing countries and invite specialists from those countries. Furthermore, it provides assistance in various ways to non-governmental international cooperation programs for the promotion of education in developing countries such as those by the National Federation of UNESCO Associations in Japan.

229. Japan also grants funds to developing nations to construct elementary and junior high schools and social educational facilities, to spread broadcast education, and to train teachers.

It also donated approximately $ 1 million to the educational projects implemented by UNICEF for girl children in Asian countries .

B. Aims of Education (art. 29)

230. Article 1 of the Fundamental Law of Education provides that "education shall aim at the full development of personality, striving for the rearing of people sound in mind and body who shall love truth and justice, esteem individual value, respect labor and have a deep sense of responsibility, and be imbued with independent spirit, as builders of the peaceful state and society." This goal of education should be "realized on all occasions and in all places" as a challenge to the whole educational process starting from childhood. This goal has become a common philosophy for education and should be regarded highly not only in school education but also in home and social education.

Education of Non-Japanese Children

231. In Japan, non-Japanese children who learn at "school" defined by the School Education Law are basically educated in the same way as Japanese children. In actually receiving non-Japanese students in a school, each school is making efforts and contriving means to help them adapt to the school, in consideration of their original language and customs. Specific lessons are provided individually to non-Japanese students outside their original classes in accordance with their aptitude and ability, and "team-teaching" has been carried out under the cooperation of more than one teacher at their school. The Government is also: preparing and distributing textbooks to study the Japanese language and guidance materials for non-Japanese children; training teachers in charge of them; sending those with knowledge of their native languages; and posting extra teachers to schools which admit them. The Government, moreover, designates some schools as "pilot schools" to promote study of methods of receiving non-Japanese children.

In extracurricular activities, no restrictions have been imposed on offering non-Japanese students the opportunities to learn their own language and culture. Such opportunities of learning are actually given in several local governments.

C. Leisure, Recreation and Cultural Activities (art. 31)

Establishment of Cultural and Educational Facilities

232. In Japan, under the Child Welfare Law child welfare facilities have been established to give children sound play grounds, to promote their health and to develop their emotional maturity. In the field of social education, the Government encourages various events to provide children with ample experience and activities, subsidizes social educational facilities, such as public halls, and provides places for learning activities under the law concerning the establishment of the system for promoting measures for life-long education. This way, the Government is working on this issue by taking a comprehensive approach.

The following are the major recreation facilities:

(a) National Olympic Memorial Youth Center

233. This center was established as a youth education facility under the direct supervision of the Ministry of Education to raise healthy young people and promote youth education. This purpose has been achieved through: the training of young people, youth education leaders and other persons related to youth education; collaborative and cooperative activities with organizations and groups involved in youth education; and professional research studies on youth education. In 1994, a total of 680,000 people used this center.

(b) National Youth House

234. This is a social educational facility aimed at bringing up healthy young people through group lodging. As of October 1993, 732 houses were established throughout the country, and in 1992, a total of 16,130,000 people used these houses.

(c) Child Cultural Center

235. This center is a social educational facility to promote voluntary activities based on young people's interests and concerns by spreading scientific knowledge, cultivating aesthetic aptitude through cultural activities and providing counseling for boys and girls. This center is equipped with such facilities as a library, music room and planetarium, and serves as a center for young people's daily activities, including various events and exhibitions held by groups and organizations. In 1992, a total of 2,820,000 boys and girls used this center.

(d) National Youth Camping Site (South-Zao)

236. This camping site was planned in commemoration of International Child Year of 1979. It opened with the objective of cultivating the independent spirit, endurance and tolerance of Youth for sound minds and strong bodies, by making young people experience the harshness and beauty of nature throughcamping in the grandeur of nature. Up to 3,000 people can camp on this 159-hectares site.

(e) Public Halls

237. Public halls play an important role as a major social educational facility in everyday life. As of October 1993, there were a total of 17,562 halls in Japan.

(f) Museums

238. Museums play an important role as a social educational facility supporting people's activities of study in use of real materials. As of October 1993, a total of 861 museums were in Japan.

(g) Libraries

239. Japan had a total of 2,138 libraries as of October 1993.

(h) Sports Facilities

240. There are approximately 300,000 sports facilities throughout Japan, half of which are school physical educational facilities. Public sports facilities account for about 20% of the total, and private sports facilities, including those owned by private companies, account for about 25%.

(i) Children's Hall/Center

241.This is a comprehensive facility for promoting the sound growth of children. It aims at providing children with a sound play ground, enhancing their health, cultivating feeling, and fostering and promoting activities by local organizations such as the Mothers' Club and Children's Association. A total of 4,102 children's halls/centers existed in Japan as of January 1995.

(j) Children's Recreational Ground

242. A recreation ground for children is a facility which has the same purpose as a Children's Hall/ Center. As of January 1995, there were 4,189 recreation grounds for children.

243. The Government implemented in fiscal 1994 a new "Program to Build Towns Friendly to Children." To secure playing fields for children, the Government is formulating a plan to expand children's halls/centers, children's recreation grounds and parks, and is also promoting guidance in play and the opening of parking lots, sections of road, company grounds and idle land as playgrounds for children.

Encouragement of Culture, Art and Recreational Activities

244. The Government also carries out the following services to give children opportunities to enjoy culture, art and recreational activities.

(a) Affording Opportunities to Appreciate Art

245. To help increase the opportunities for children to appreciate and participate in art, the Government sends excellent performing artists throughout Japan, including a performance tour of the Children's Art Theater, Lower Secondary School Art Appreciation Program, and Youth Art Theater. The Government also holds mobile art exhibitions in various districts to exhibit Japanese and foreign art masterpieces as well as superior modern art works possessed by national museums.

As for traditional culture, to offer opportunities to enjoy masterpieces, special exhibitions have been held showing cultural assets to children with easy-to-understand explanation at national museums in Tokyo, Kyoto and Nara. In addition, national theaters give children opportunities to appreciate traditional performing arts such as Kabuki, Noh plays, and Bunraku, accompanied by easy-to-understand explanation, at low rates. As to Noh play and Bunraku, they also give special performances during the summer vacation, selecting mainly easy-to-understand programs children would love. Furthermore, local public organizations, private museums and art museums actively offer children opportunities to enjoy cultural activities through workshops and art appreciation classes. The Art and Culture Promotion Foundation also supports various art and cultural activities conducted by art and cultural groups for children and youth persons.

(b) Promotion of Cultural Activities

246. Comprehensive School Festivals are held to present art and cultural activities of upper secondary school students throughout Japan, and the National Upper Secondary School General Cultural Festival is held with the objective of improving creative activities and deepening mutual understanding.

(c) Promotion of Sports Activities

247. Physical and sports activities are important for children, since these activities are useful for developing their physical strength, cultivating the basis for them to enjoy sports for all their lives, and forming their character in a broad sense. The Government is, therefore, promoting physical and sports activities at schools, including physical education classes and activities in athletic clubs after school. The Nationwide Athletic Meet is held for lower secondary school and upper secondary school students. The Government subsidizes prefectural expenses involved in holding the Athletic Meet and dispatching participants. It is also encouraging sports activities in local communities by giving assistance to programs promoting sports activities of youth and children, and it has held the Nationwide Sports Recreation Festival annually since 1988 as a national festival in which anyone may participate and enjoy him/herself. Furthermore, it is providing assistance for the programs to encourage sports exchanges with youth in foreign countries, which contribute to the promotion of international exchanges through sports. The Sports Promotion Fund supports the holding of sports tournaments, etc. targeting boys and girls.

248. The police are promoting practice in Japanese traditional martial arts, Judo and Kendo, as sports activities to enhance the sound growth of boys and girls, using training halls (dojo) at police stations and other appropriate facilities. Some 100,000 boys and girls participate in this Judo and Kendo practice from all over Japan. To encourage mutual friendship among boys and girls who practice Judo and Kendo, and to demonstrate the results of daily training, the "National Police Station Juvenile Judo and Kendo General Meeting" has been held in August each year since 1988. (The 9th General Meeting was held in August 1996.)

VIII. SPECIAL PROTECTION MEASURE

A. Refugee Children (art. 22)

249. Japan concluded the International Covenant on Economic, Social and Cultural Rights and the International Covenant on Civil and Political Rights (hereinafter referred to as "International Covenants on Human Rights") as well as the Convention relating to the Status of Refugees of 28 July 1951 (hereinafter called "Refugee Convention") and the Protocol relating to the Status of Refugees of 31 January 1967 (hereinafter referred to as "Refugee Protocol"). Japan concluded the Refugee Convention and the Refugee Protocol in 1981, and as a result, revised the Immigration Control Order to establish the system of refugee recognition. Japan has enforced the new system since January 1982, when Refugee Convention and Refugee Protocol entered into force for Japan. Japan is making efforts to make contact and cooperate with the United Nations High Commissioner for Refugees (UNHCR). For example, when Japan deals with applications for recognition of refugee status, it informs the UNHCR of all applications and the decisions made. As of the end of January 1996, 6 children were applying for recognition of refugee status and 76 children had been recognized as refugees.

250. Children applying for recognition of refugee status are given various kinds of protection and humanitarian assistance to enjoy applicable rights set forth in the Convention on the Rights of the Child and the International Covenants on Human Rights. For example, the Government, through the Refugee Resettlement Assistance Headquarters of the Foundation for the Welfare and Education of the Asian People, supplies protective funds to people, including children, who are applying for recognition of refugee status in a tough living environment. In addition, the Child Welfare Law is applicable to children applying for recognition of refugee status according to their living conditions.

251. Children recognized as refugees are also given various kinds of protection and humanitarian assistance as to occupation, education, social security, housing, etc. to enjoy the applicable rights set forth in the Convention on the Rights of the Child, Refugee Convention and Refugee Protocol. For example, the laws, such as the Child Welfare Law and the Child Allowance Law are applicable to such children.

252. To protect and support refugee children, Japan makes the second largest financial contributions of all the states to the UNHCR, which conducts protective and relief activities for refugees, including legal support practices, for the durable solution of refugee issues (Japan contributed about $120.715 million in 1995). Japan also supports these children through contributions to other international organizations such as the United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA), World Food Programme (WFP) and International Committee of the Red Cross (ICRC), etc.

253. To find the parents of refugees, Japan is providing UNHCR with all the available information necessary for reuniting children with their families, responding to inquiries from the UNHCR Office.

B. Children in Armed Conflicts (art. 38)

254. In consideration of the impact of wars on children, who are the most vulnerable and youngest of all the civilians affected by war, and given the fact that they become easy prey for recruiting into armed forces or factions (if children participate in combat, not only their own lives but also those of others will be in danger because of their imprudent behavior), special measures are necessary to protect children. From this viewpoint, international humanitarian laws, such as the Geneva Convention relative to the protection of civilian persons in time of war (Convention IV of 12 August 1949), prescribe measures for protecting the aforementioned children in detail. Japan concluded the Geneva Convention, supporting the objective of the Convention.

255. Japan has the Self-Defense Forces (SDF), which has as its primary mission defense of the country against direct and indirect invasion to maintain the peace, independence and security of Japan. Under the enforcement regulations of the Self-Defense Forces Law, those who are 18 years old or over are recruited, in principle, as Self-Defense Forces Personnel. The only exception is that those 15 and 16 years old are recruited as Self-Defense Forces youth cadets to be trained to become technical specialists, such as ground, maritime and air SDF sergeants. Out of the four-year training period, however, in the first three-year education term after joining the SDF, they receive education based on the curriculum equivalent to those of senior high schools and also learn basic matters necessary for Self-Defense Forces Personnel. Therefore, they are not deployed on front lines. Even in case of an emergency, Self-Defense Forces youth cadets 17 and under are not expected to engage in hostilities.

C. The Administration of Juvenile Justice (art. 40)

Juvenile Justice

256. In Japan, those who are under 20 years of age are treated as juveniles ("shonen") under the Juvenile Law. If a juvenile commits a crime, he/she is treated according to procedures different from those for adults (20 years or older) under the Juvenile Law as mentioned below, and appropriate measures are taken according to his/her age, so that he/she can play a constructive role in future society. In addition, the Japanese Penal Code provides that those under 14 years of age are not punished for their conduct. Those under 14 are, in principle, sent to a Home for Juvenile Training and Education, or a Protective Institution under the Child Welfare Law.

(i) Generally speaking, juveniles are highly malleable, while they are immature. With regard to juveniles who commit crimes, therefore, protection and education are useful for their sound growth, rather than blaming them for the criminal offense. In Japan, when juveniles commit crimes, their cases are sent or reported to a Family Court from a viewpoint of ensuring the sound upbringing of juveniles and correcting the character and adjusting the environment.

(ii) The Family Court plays not only a judicial role ( it determines whether misconduct was committed or not), but also the role of welfare agencies ( it makes a judgement on necessity of protective measures in consideration of the causes of delinquents and other various factors for preventing the recurrence of delinquencies. In making the judgement, it looks into the conduct, career, temperament and environment of the juvenile, his/her guardians or of the other persons concerned, making use of medical, psychological, pedagogical, sociological and other technical knowledge with the support of Family Court Investigators). To make efficient use of these two functions, ex officio hearing structure is adopted in juvenile judgement procedures: The Family Court conducts an investigation of a juvenile delinquent and makes a hearing to determine the most appropriate and reasonable measures or dispositions for the juvenile, since it is not desirable that public prosecutors confront juveniles as criminals like in criminal procedure, and an informal hearing structure is rather appropriate, in which a judge questions them directly and gives them educational instructions with the help of the persons concerned.

(iii) As all juvenile cases are to be handled firstly in the Family Court as mentioned above, the Family Court makes a judgement on whether to take protective measures or not. Consequently, only in cases where there is no possibility for the juvenile to be corrected by protective measures in view of his/her history of protective measures taken in the past, or where it is reasonable to accuse and elucidate criminal liability in consideration of the influence on society due to the gravity of the crime committed, juveniles may be subjected to criminal procedures in the same way as adults: This applies, however, only if the person in question commits an offense punishable with death penalty, penal servitude or imprisonment. Juveniles under 16 years old are not subject to criminal procedures either, in consideration of their age.

Even though criminal procedures have been taken against juveniles, various exceptions are granted to them, including alleviation of the death penalty and life imprisonment, which are imposed on juveniles under 18 years old, separation from adults in jail, earlier release on parole, etc., in consideration of the distinctive characteristics of juveniles (Refer to 277. and 281 for details).

In addition, when a fine is imposed on a juvenile, it is prohibited to send him/her to a labor detention house in exchange of fine.

As a general rule, when a certain period has elapsed since a person finished the execution of the sentence he/she received or he/she was excused from the execution of such punishment, or when the period of suspension he/she received has elapsed without revocation of probation, the sentence shall lose its effect. However, if a person is sentenced for a crime committed at under age 20, it is regarded that he/she never received any sentence in applying laws relating to personal qualification, from the time he/she finishes serving the term or is exempted from the execution of the sentence, and the same shall apply when he/she receives a probation, as long as it is not revoked. In this way, consideration is given to impose less restriction on personal qualification.

257. Japan has Juvenile Classification Homes as classification institutions of juvenile delinquents, and Juvenile Training Schools and Juvenile Prisons as correctional institutions for juveniles who committed crimes. In these institutions, inmates are treated fairly in line with the objective of the Juvenile Law, that is, the sound upbringing of juveniles, in full consideration of the fact that respect for human dignity and value is essential for bringing up healthy juveniles.

Juvenile Classification Homes

258. A Juvenile Classification Home is an institution which accommodates juveniles sent by the remand decision made by the Family Court and which classifies the nature of the juvenile, using medical, psychological, pedagogical, sociological and other technical knowledge, in order to contribute to the Family Court's investigation, hearings and decisions of proper protective measures for the juvenile.

Juvenile Training Schools

259. A Juvenile Training School is an institution which accommodates those persons who have been committed thereto by the Family Court as a protective measure, and gives correctional treatment. There are four types of Juvenile Training Schools: primary, middle, special and medical juvenile training schools, and treatment is divided into a short-term program (general and special) and a long-term program. In a juvenile training school, with due consideration for their formal age as well as the actual state of their mental and physical development, inmates receive life guidance, school education, vocational guidance and training, medical care, etc. in a disciplined life encouraging their self awareness, so that they can adapt themselves to social life and play a constructive role in society. Furthermore, inmates are also guided to coordinate personal relations in social life and recognize their role in society, respecting others' human rights and fundamental liberties, through living in a group and being treated in such a way as will promote the awareness of human dignity and value.

The superintendent of a Juvenile Training School can issue a certificate proving completion of all courses of correctional education for those who have finished such courses. That certificate has the same effect as a diploma or other certificate of all courses of study conducted at a "school" established under the School Education Law.

Juvenile Prisons

260. Juveniles sentenced to imprisonment with or without labor through a criminal trial are sent to a juvenile prison to serve the term.

Just like the juveniles in a Juvenile Training School, those in a juvenile prison are also given life guidance, school education, vocational training, and medical care and other treatments, which are necessary for adapting to social life, in consideration of their age, the actual state of their mental and physical development, personality, etc. And, they are treated in such a way as will promote awareness of human dignity and value.

Probation and Parole

261. Juveniles put on supervision are (i) those placed on probation by a Family Court, (ii) those who are conditionally released on parole from a Juvenile Training School, (iii) those who are conditionally released on parole from a juvenile prison, and (iv) those placed on probation upon the pronouncement of a suspended sentence. During such probation and parole period, the juveniles are guided to observe the rules and given necessary assistance by probation officers and volunteer probation officers. Taking account of the character of delinquents, special supervision programs are provided, in addition to regular supervision. For instance, "Special Treatment Program for Traffic Offenders," "Special Short-term Program for Traffic Offenders" and "Special Short-term Program for Non-Traffic Offenders" are available. Moreover, in setting up the conditions and supervising a juvenile on probation and parole (guiding in life, association with friends and acquaintances, and job application, and coordinating family environment, school relations, etc.), probation officials give full consideration to the age, background, mental and physical state, family, friends and other environmental factors of the juvenile in question, and take the most appropriate approach to encourage him/her to become a good member of society and play a constructive role in a community. In line with the purpose of the Juvenile Law (i.e. the sound growth of juveniles), the officials also treat those on probation and parole, considering that promoting awareness of human dignity and value is essential for bringing up healthy young people.

(Table 24: Outline of Procedures for Juvenile Cases)

(Table 25: Types of Juvenile Delinquents Protected by Family Court in 1994)

(Table 26: Percentage of Juvenile Protection Cases by Final Decision of Family Courts in 1994)

Prohibition of Retroactive Punishment

262. The Constitution of Japan prohibits retroactive punishment, providing that an act which was lawful at the time it was committed should not be held criminally liable. Of the acts conducted by criminal juveniles (juveniles from 14 to 19 years of age who committed a crime) and law-violating juveniles (juveniles under 14 who violated any criminal law or ordinance), only those which constituted a crime and were unlawful at the time of conduct are subject to juvenile judgment.

Presumption of Innocence

263. Even though "Presumption of Innocence" is not explicitly stated in existing law, including the Constitution of Japan and the Code of Criminal Procedure, it is regarded as a basic principle of criminal trials. Defendants are convicted only when public prosecutors have the responsibility of proving the charges and the judge considers the charges have been proved beyond a reasonable doubt.

The juvenile judgment procedure adopts the ex officio hearing structure (see para. 256(ii)). Accordingly, in juvenile judgment, there are no public prosecutors who have the responsibility of proving delinquencies, and juveniles do not have the responsibility of proving non-existence of delinquencies, either. Juveniles are put on probation only when the judge is "confident" of the existence of delinquencies on the basis of evidence which he/she has acquired through his/her investigation. "Confident" is, in general, interpreted as a lack of any reasonable doubt. In this way, the juvenile judgment procedure uses the same principle of "Presumption of Innocence" adopted in criminal procedure.

Notification of Offence and Legal Aid and Other Assistance

264. The Code of Criminal Procedure requires public prosecutors to file an information which contains the name of the accused and the facts constituting the offense charged, etc., when instituting a public prosecution (Article 256 of the Code of Criminal Procedure). The Code also requires the court to serve the accused with a copy of the information without delay when the public prosecution has been instituted (paragraph 1 of Article 271 of the said Code). Thereby, the accused is informed of the offense for which he/she is prosecuted.

In the juvenile trial procedure, the offense is indicated during the investigation by Family Court Investigators before the trial starts. If the decision is made to initiate a juvenile trial, the judge of a Family Court always announces the offense on the first day of trial in actual practice.

As to legal aid and other reasonable assistance, the Code of Criminal Procedure allows the suspects or the accused to appoint defense counsel. The Juvenile Law allows the child and his/her guardian to appoint an attendant, and the juvenile trial is performed in the presence of the guardian.

Fair Trial

265. The Constitution of Japan stipulates that "All judges shall be independent in the exercise of their conscience and shall be bound only by this Constitution and the laws" (paragraph 3 of Article 76) to secure independent and fair trials. The Constitution also guarantees the status of judges (Articles 78, 79 and 80). The Code of Criminal Procedure provides that judges who may cause doubt about the fairness of a trial because of a certain relationship with the accused or the injured party are excluded from the exercise of their functions.

As to juvenile trials, the Rules of Juvenile Proceedings provides that judges should refrain from performing their duty if they think there are reasons which cause doubt about the fairness of a trial (Article 32 of the Juvenile Law). Based on this rule, the accused juvenile and his/her attendant are allowed to demand that a judge should refrain from performing his duty. Furthermore, if the ruling of protective measures was taken by a judge who causes doubt about the fairness of a trial, the juvenile is allowed to appeal against the ruling under the Juvenile Law.

Coercion of Deposition and Confession of Crime

266. The Constitution prohibits public officers to torture suspects or compel them to testify against themselves, and prescribes to deny the validity of confessions made under compulsion, torture or threat, etc. The Code of Criminal Procedure specifies the right of suspects and the accused to remain silent, requires the investigating police officer and prosecutors and the judges trying the case to notify the suspects and the accused of the right to remain silent, and denies the validity of confessions which might have been made under compulsion, torture or threat, etc., or those which are suspected not to have been made voluntarily. The above provisions of the Constitution are also respected in juvenile proceedings.

The Standard of Criminal Investigation prohibits the police to use such means as compulsion, torture or threat, which raise doubt about the validity of confessions. Especially when investigating minors, the rule states, the police should not make the investigation public and should be careful of what they say and do, based on the spirit of protecting the sound growth of juveniles. Thus, the police should investigate minors with consideration and understanding and make efforts not to hurt the feelings of juveniles, in consideration of their special nature.

Cross-Examination, Witness Attendance and Questioning of Witness

267. Regarding the criminal procedure, paragraph 2 of Article 37 of the Constitution provides that "He (the accused) shall be permitted full opportunity to examine all the witnesses, and he shall have the right of compulsory process for obtaining witnesses on his behalf at public expense." In line with this, the Code of Criminal Procedure guarantees to the accused or defense counsels the right to request examination of witnesses, the right to be present at such examination, and the right to examine witnesses. The said Code also restricts the validity of an investigator's record of oral statement which did not go through cross-examination.

The Juvenile Law states that the provisions concerning questioning of witnesses in the Criminal Procedure Law should also be applied mutatis mutandis to juvenile proceedings, so long as they are not against the nature of juvenile protective cases. Therefore, a juvenile's right to question and cross-examine witnesses is also fully guaranteed in juvenile trials.

Because the Juvenile Law adopts the ex officio hearings structure (see para. 256(ii)) regarding the request for witness attendance, the Law has no provisions on a juvenile or his/her attendant's direct right to request questioning of witnesses. The juvenile and his/her attendant, however, may ask judges to exercise their authority concerning examination of witnesses and, additionally, in some cases, a Family Court may be requested ex officio to investigate evidence. If judges do not examine witnesses without any reasonable reasons, and that is affecting the ruling of protective measures, the failure to examine witnesses may be a reason for an appeal.

Appeal

268. The Code of Criminal Procedure guarantees to the accused the right to appeal to a higher court, and provides that the accused can appeal the judgment of the first trial to a High Court, if there exist reasons, such as errors in finding a facts, mistakes in the application of laws, legal proceedings which violated laws or an unreasonable sentence, which obviously have affected the judgment. The said Code also provides that the accused may appeal the judgment of the first or second trial rendered by a High Court to the Supreme Court, if there exist reasons, such as violation of the Constitution and breach of the judicial precedents set forth by the Supreme Court.

The Juvenile Law allows appeal of rulings of protective measures to a higher court, for the reasons of law violation, serious errors in finding facts or remarkably improper measures, and also allows reappeal of the decision to the Supreme Court, for the reasons of violation of the Constitution, breach of the judicial precedents set forth by the Supreme Court, etc.

Assistance of Interpretation

269. The Japanese language is used in Japanese courts. The Code of Criminal Procedure provides that in case a person or persons not versed in the Japanese language is required to make a statement in a criminal trial, an interpreter or interpreters shall be caused to interpret. In such case, the interpreter may demand travelling expenses, daily allowances and remuneration for interpreting from the court, and these expenses are paid by the Government. The Juvenile Law provides that a Family Court may order interpretation in cases involving juveniles and that the provisions of the Code of Criminal Procedure concerning interpretation shall be applied mutatis mutandis. Judicial precedents of the Supreme Court state that an interpreter or interpreters should be employed when making the accused depose in a trial and questioning witnesses, etc., as well as for the purpose of making the accused understand the content of the trial. In practice, interpreters are employed in all the courts in cases where the accused are not versed in Japanese language.

Respect for Privacy

270. The Code of Criminal Procedure provides that a criminal trial aims at clarifying the truth of the case and maintaining public welfare, guaranteeing fundamental human rights to the full. In case of juvenile trials, the procedure is not made public and certain restrictions are imposed on perusal and copying of records. Furthermore, the Juvenile Law forbids the carrying on newspaper or other publications such articles or photographs as contain the name, age, occupation, house, looks, etc. which may identify who has been brought to proceedings in the Family Court or prosecuted for an offense which he/she committed while he/she was a juvenile. Actually, the Family Court makes efforts to keep confidentiality in juvenile cases while considering the social demand for disclosure of information. For example, they try to avoid expressions which would identify the accused or the injured juvenile, and use brief and abstract expressions to describe the motive and details of crime to protect the juvenile's sentiments and not to obstruct his/her rehabilitation. Through these measures, the Family Court tries to respect the privacy of juveniles.

271. Those who are sent to Juvenile Classification Homes by remand decisions are placed in a neat and quiet environment. Immediately after entering the Home, they are placed in a solitary room if the situation allows. In case they share a room with other inmates, those who share the room are determined, with consideration for the personality, background, age, the number of entities, etc. Washrooms are divided into compartments for personal use. Clothing, bedding and other daily necessities are lent or supplied, but personal articles may also be used, so long as they do not disrupt the maintenance of discipline and order or pose hygienic problems in the institutions. Thus, efforts are being made to fully respect the personal lives of inmates.

272. Those who are detained in a house of detention are also treated with various kinds of consideration as those in Juvenile Classification Homes, and efforts are made to fully respect the personal lives of inmates.

Alternatives to Judicial Procedure

273. As for the measures after the juvenile procedure has begun, if it is considered that the measures provided in the Child Welfare Law should be taken, the case is sent to the prefectural governor or the director of Child Guidance Center under the provisions of the Juvenile Law. Then, the child in question is guided or sent to an institution.

D. Children Deprived of Liberty by Any Form of Detention or Confinement, including Accommodation under Protection (art. 37 (b),(c), (d))

274. In Japan, Article 31 of the Constitution stipulates for the general security of due process, stating that no person shall be deprived of life or liberty except according to procedure established by law. The Constitution further provides that no person shall be apprehended except upon warrant unless he is apprehended when the offence is being committed (Article 33), and establishes that no person shall be detained without being at once informed of the charges against him (Article 34). Based on these, the Code of Criminal Procedure stipulates procedures for: ordinary arrest, where a suspect may be arrested by a warrant issued by the judge in advance if there is reasonable cause enough to believe that he/she has committed a crime; arrest of person who is committing or has just committed an offence; and arrest without a warrant, which may be recognized in certain felonious cases on the grounds of urgency if the issuance of a warrant could not have been requested in advance, provided that there are sufficient reasons to believe that the person in question has committed a crime.

275. Especially with regard to the exercise of the power to arrest, the police try to avoid the physical restraint of juveniles (i.e. those between 14 and 19 years of age, subject to criminal liability) as much as possible in view of the standards for criminal investigation and the Guidelines for Police Activities on Juvenile Crimes. There are provisions stating that if, for the lack of alternatives, a juvenile must be arrested, brought to the police station, or escorted from one place to another, special consideration must be given to the time and procedures. The power to arrest a juvenile is exercised in consideration of the juvenile suspect's age, character, criminal records and circumstances of the crime.

276. Furthermore, special consideration is given to the character of juveniles under physical restraint in the investigation stage. In other words, no juvenile may be detained unless absolutely necessary; if he/she is to be detained, the Juvenile Classification Home may serve as a detention house, and detention and shelter care may be an alternative measure to detention. In juvenile protection proceedings, moreover, it is provided that the decision to send a juvenile to a Juvenile Classification Home shall be made by a Family Court, and that the term of protective detention shall not exceed 4 weeks. The decision may, however, be changed or canceled during the term.

277. In Japan, in cases where a juvenile is to be deprived of liberty, under the Juvenile Law for example, a juvenile suspect or an accused juvenile must be separated from other suspected or accused persons to minimize contact between them; in a detention center, a juvenile under 20 years of age must be separated from adults (who are 20 years or older); and for a juvenile who has been sentenced to penal servitude or imprisonment, the sentence must be enforced in a specially established prison or an exclusive division of a prison.

The police also pay special consideration for the detention of an arrested juvenile under the Guidelines for Police Activities on Juvenile Crimes. For instance, juveniles must be kept in custody separately from adult suspects, and the detention rooms for juveniles must be structurally separated from those of adult by partitions. In detention rooms, contact between juveniles and adults is avoided by separating the time of bathing, exercise and entering/exiting detention rooms.

278. As for the rights of a juvenile who is deprived of liberty to contact his family, refer to para.128.

279.The Code of Criminal Procedure guarantees the right to appoint a defense counsel for a suspect or an accused, and also the right to have an interview with a defense counsel for a suspect or an accused held in custody. Moreover, paragraph 1 of Article 10 of the Juvenile Law recognizes that a juvenile and his/her guardian has the right to appoint an attendant; in cases where the juvenile is deprived of liberty during the proceedings of a juvenile trial, he/she may designate an attendant and make contact with an attendant. In a Juvenile Classification Home, the juvenile is also permitted to meet an attendant or a lawyer who will be his/her attendant without an observer, not to mention that the right to meet his/her family is guaranteed.

280. The juvenile's right to challenge the legality of the deprivation of his/her liberty and to have a prompt decision is guaranteed by the measures referred to in para. 270. Moreover, under the Code of Criminal Procedure, any person who is dissatisfied with the decision on detention made by a judge or a court relating to detention may appeal, and also may reappeal against the ruling of the appellate court to the Supreme Court for the reasons of violation of the Constitution or incompatibility with the judicial precedents. Incidentally, the right to appeal against a decision on detention and shelter care is not recognized because, unlike detention in criminal procedures, it is an interim measure that is considered to be essential for analysis of a juvenile, assuming that protective action is to be taken in the jurisdiction of the Family Court. Nonetheless, there are provisions for ex officio cancellation and modification even for the measures for detention and shelter care; in practice, a Family Court makes a prompt decision to deal with pleas for ex officio action to annul the measures. In content, similar rights are guaranteed thereby as against other forms of deprivation of liberty.

In addition to these, the Habeas Corpus Law stipulates that any person under physical restraint without due process may claim under the provisions of said Law.

E. The Sentencing of Juveniles, in particular, the Prohibition of Capital Punishment and Life Imprisonment (art. 37 (a))

281. Article 51 of the Juvenile Law of Japan provides that "in case a person who is under 18 years of age at the time of commission of an offense is to be punished with death penalty, he shall be sentenced to life imprisonment, and in case he is to be punished with the latter, he shall be sentenced to imprisonment with or without labor for not less than 10 years but not more than 15 years." In the case of a life term, if a person is under 20 years upon the announcement of a sentence, he shall be eligible for parole in 7 years, and if a person is 20 years or older, he shall be eligible for a parole in 10 years. According to our administration of justice concerning juveniles, no person under 18 years of age will receive a death penalty nor a penalty for a life term without a possibility of a release.

F. Physical and Psychological Recovery and Social Reintegration (art. 39)

282. As means to ensure the physical and psychological recovery of abandoned or abused children, under the Child Welfare Law, such children are given temporary protection at Child Guidance Centers until they can be transferred to child welfare facilities or can return to their families. According to the individual situation of the child and family, such children may also be admitted to infant homes and protective institutions.

283. By clearly stating the matters concerning protection for a child victim in the official handbooks of the Juvenile Section in 1996, the police are to promote regular counseling activities through specialists for juvenile guidance and female police officers for juvenile guidance and assist activities in cooperation with guardians and any other person concerned, focusing on juvenile victims of crimes involving serious physical and psychological injury such as rape, forced obscenity and other sexual crimes and bullying.

284. With regard to runaway juveniles who could be in danger of death or injury or of becoming victims of welfare crime, the police is making much effort for swift identification by instituting a search at police stations throughout the country. As the number of runaway cases tends to increase at the time of the year when children become psychologically unstable (just before entering school or employment) and gain a greater sense of freedom (during the summer vacation). The police reinforces search and protection activities seasonally, especially targetting runaway juveniles.

In addition, in order to promote swift search and discovery of runaway persons, a system for supporting the discovery of runaway and missing persons is established, to be launched in 1997. Once the system starts operating, search and protection activities would accelerate, in other words, the police will be able to prevent the victimization of juvenile runaways and take measures to remedy their situation in life at an early stage.

The number of runaway juveniles detected and protected by the police in 1993/1994 is shown in Table 27 below.

Year :	1993	1994
Runaway juveniles found by the police :	28,302	27,377

(Surveyed by the National Police Agency)

G. Economic Exploitation (Including Child Labor) (art. 32)

285. Paragraph 9 of article 27 of the Constitution of Japan stipulates that "Children shall not be exploited." Moreover, the following laws protect children with regard to their labor.

286. The Labor Standards Law not only stipulates working conditions such as wages and working hours as indicated below, but also prohibits the employment of children for work recognized as dangerous and harmful to the safety, hygiene and welfare of the child. As for regulation of these labor standards, Labor Standards Inspection Offices are in charge of supervision and guidance to ensure the observance of the laws, while they are obliged to propagate the laws and regulations to employers. Furthermore, the Women's and Young Workers' Office of the Ministry of Labor conducts public relations activities. The board of education directs the principals of junior high schools to ensure that the standards for the permission of children's employment are generally understood by teachers, students and their guardians. Moreover, principals give instructions to forbid work if it is found to have negative effects on the student in terms of hie/her study and health.

(a) Minimum Age

Refer to para. 44.

(b) Working Hours

In Article 60 of the Labor Standards Law, it is stipulated that a person under 18 full years of age shall not be subject to provisions for exceptional cases involving modified working hour systems, overtime work, holiday work, working hours and rest. Furthermore, with regard to a child under 15 full years of age who may be employed with permission from administrative offices, the child shall not work more than 7 hours a day, with a total of 40 hours per week including study hours at schools.

(c) Employment Contract

Article 58 of the Labor Standards Law stipulates that the parent, guardian, or the administrative office may cancel the contract prospectively if they consider it disadvantageous to the minor.

(d) Wages

Article 59 of the Labor Standards Law provides that the minor may request wages independently, and the parent or guardian shall not receive the wages earned by the minor in place of the minor.

(e) Late-Night Work

Under Article 61 of the Labor Standards Law, as a general rule, late-night work (from 10pm to 5am) by persons under 18 full years of age is prohibited.

(f) 安全衛生

Under Articles 62 and 63 of the Labor Standards Law, an employer is prohibited from allowing persons under 18 full years of age to engage in dangerous,harmful or underground work.

287. Furthermore, the Child Welfare Law protects children from harmful activities by banning an employer from allowing persons under 15 full years of age to engage in singing and performing on the street or other places or to work at a bar.

288. In addition to this, the Law on Control and Improvement of Amusement and Entertainment Businesses prohibits entertainment and amusement traders from "allowing persons under 18 years of age to engage in jobs involving meeting with guest or dancing with guests," and "allowing persons under 18 years of age to attend to guests from 10pm until sunrise." The law also prevents activities harmful to the sound growth of the juvenile by prohibiting the trader or entertainment-related business from "allowing persons under 18 years of age to engage in jobs involving meeting with guests in the place of business."

289. Regarding criminal offenses such as abuse, overwork, and other welfare offenses that harm the welfare of juveniles, the police utilizes the 23 laws with provisions against the aforementioned crimes, such as the Child Welfare Law, the Labor Standards Law, the Employment Security Law, the Prostitution Prevention Law, the Law on Control and Improvement of Amusement and Entertainment Businesses. Especially with regard to the protection of juveniles from harmful work, the police is conducting continuous regulation under the aforementioned the Labor Standards Law and the Law on Control and Improvement of Amusement and Entertainment Businesses and so on. It also carries out protective actions for juveniles who have been in harmful environments, such as dangerous work and sex industries. For those victimized juveniles, the police takes action to implement aftercare through consultation by female officers in order to reduce the physical damage and psychological trauma and to promote early recovery.

(Table 28: Number of Arrests of Welfare Offenders-Protection of Children from Harmful Environment)

Classification	1993	1994	1995
Labor Standards Law	496	411	330
Law on Control and Improvement of Amusement and Entertainment Businesses	953	1,110	1,068

(Table 29 : Penalties Under Main Provisions)

Provisions	Penalty
Minimum Age (Article 56 of Labor Standards Law) Prohibition of underground work by persons under 18 full years of age (Article 63 of Labor Standards Law)	:Penal servitude not exceeding 1 year or a fine not exceeding ¥500,000
Working Hours (Article 32 of Labor Standards Law) Holidays (Article 35 of Labor Standards Law) Prohibition of late-night work by persons under 18 full years of age (Article 61 of Labor Standards Law) Regulation on dangerous/harmful work by persons under 18 full years of age (Article 62 of Labor Standards Law)	:Penal servitude not exceeding 6 months or a fine not exceeding ¥300,000
*Employment contract for minors (Article 58 of Labor Standards Law)	:A fine not exceeding ¥300,000
*Prohibition of making a child under 15 full years of age under to serve at a banquet (paragraph 1-5 of Article 34 of Child Welfare Law)	:Penal servitude not exceeding 1 or a fine not exceeding ¥300,000
*Prohibition of activities allowing persons under 18 years of age to attend to guests, become dance partners or engage in jobs involving meeting with from 10pm until sunrise (Paragraphs 2 and 3 of Article 22 of the Law on Control and Improvement of Amusement and Entertainment Businesses)	:Penal servitude not exceeding 6 months or a fine not exceeding ¥300,000 or a both

H. Drug Abuse (art. 33)

290. Japan has concluded the Single Convention on Narcotic Drugs, 1961, an international treaty in the field of drug abuse, the Protocol Amending the Single Conventions, 1961, the Convention on Psychotropic Substances 1971, and the United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances, 1988. In addition to active efforts to prevent drug abuse and illicit trafficking at the international level, Japan is cooperating on law enforcement, demand reduction, chemical controls and alternative development programs with the United States of America, as the drug problem is identified as one of the items on the "Common Agenda," which was established as one of the pillars under the Japan-U.S. Framework Talks, with the aim of addressing transnational issues with joint efforts of the two nations.

291. In Japan, the Penal Code provides for crimes relating to smoking opium. Moreover, distribution of illicit narcotics, psychotropics and their raw materials for medical and/or scientific use, and illicit trafficking are regulated by 5 drug-related laws, namely the Narcotics and Psychotropics Control Law, Cannabis Control Law, Stimulants Control Law, Opium Law and Law Concerning Special Provisions for the Narcotics and Psychotropics Control Law, etc. and Other Matters for the Prevention of Activities Encouraging Illicit Conduct and Other Activities Involving Controlled Substances through International Cooperation (hereinafter called "Law on Special Provisions for Narcotics"), under which violators are penalized to prevent criminal offenses.

The Law on Special Cases for Narcotics was established in 1991 to criminalize money-laundering and other offences, to confiscate illicit gains, to promote international assistance and to ensure the controlled delivery of drugs, etc.

Moreover, 4 conventional drug-related laws were amended to regulate raw materials for narcotic drugs and psychotropic substances and to penalize persons committing drug-related crimes outside the country. These 5 drug-related laws were enforced in 1992 and the government is working to prevent the diffusion of drugs among children by the proper implementation of these laws and the effective regulation of drug crimes.

292. In reality, however, there is a high incidence of drug abuse and misconduct involving stimulants and cannabis. In addition to the drugs as defined in the international treaties, in Japan, delinquencies involving abuse of organic solvent such as paint thinner have also frequently occurred. The Japanese mafia are aggravating delinquency by smuggling drugs including paint thinner to juvenile drug abuser to acquire funds for their activities. In 1995, the number of juveniles guided and protected for abusing stimulants was 1,079; those for cannabis abuse totaled 189; those for paint thinner 5,456. The number of juveniles guided and protected for abusing stimulants set the highest mark since 1989.

(Table 30: Number of Juveniles Arrested for Drug Abuse) (1995)

	Total	Total	L.S.	U.S.	Others	Employed	Unemployed
	Total	Students				Employed	Unemployed
Abuse of stimulants	1,079	148	19	92	37	360	571
Abuse of marihuana	189	59	3	32	24	62	68
Paint thinner	5,456	1,518	568	799	151	1,959	1,979

(Source: Survey by the National Police Agency)

*Note: L.S.: Lower Secondary School Students U.S.: Upper Secondary School Students

293. In response, the police are not only rounding up juvenile drug abusers and controlling illicit sales of drugs, but are also actively promoting programs to prevent drug abuse. In specific terms, they are (i) obstructing drug-trafficking routes in close cooperation with regulating agencies of foreign countries; (ii) blocking the drug supply by requesting dealers of paint thinner to impose control over sales; (iii) providing special instructions and advice to juvenile drug abusers through special counsel officers; (iv) teaching the harmfulness and dangerousness of drug abuse to juvenile drug abusers in care and custody to prevent the recurrence of misconduct; (v) holding "anti-drug abuse lessons" in local communities and at schools, and launching public relations activities through pamphlets, TVs, radios and other forms of media.
The police are also encouraging public relations activities through Prefectural Promoters for the Prevention of Stimulant Abuse, the Center for the Prevention of Cannabis and Stimulant Abuse and the Association for the Prevention of Crime, to a build society that does not allow drug abuse to take place. In particular, the police are launching public relations activities actively, visiting lower secondary schools in campaign cars to thoroughly prevent young persons from abusing drugs and to raise their awareness.

294. Furthermore, lower and upper secondary schools regularly give instructions for the prevention of drug abuse (including optiumand stimulants), in subject of health and physical education and special activities. The government guidelines for teaching, revised in 1989, also provide for health and physical education to focus on matters relating to drug abuse and health in view of the significance of the problem. The Government is working to consolidate instructions to children by preparing and distributing guidance materials to teachers and by raising teacher's awareness of the drug abuse problem through training courses for persons in charge of school health.

I. Sexual Exploitation and Sexual Abuse (art. 34)

295. In Japan, children are protected from sexual exploitation and sexual abuse under the following laws.

(i) For the prevention of persuasion and coercion to perform unlawful sexual acts, the Child Welfare Law prohibits the act of inducing children to practice obscene acts, and the Penal Code provides that indecency through compulsion, rape, constructive compulsory indecency, constructive rape and inducement to illicit intercourse are subject to punishment.

(ii) For the prevention of exploitative employment in the sex industry, the Prostitution Prevention Law prohibits prostitution and provides for the punishment of those involved in procurement, prostitution through embarrassment, contract to make a person prostitute, furnishing of a place and business of making a person prostitute and furnishing of funds. Moreover, the Child Welfare Law prohibits the act of inducing children to practice obscene acts and punishes any person keeping a child in his/her custody with the aim of making the child perform such an act that has injurious effects on the child's mind and body.

(iii) For the prevention of exploitative employment of children in obscene performances and articles, the Penal Code stipulates for the punishment against such acts as public indecency and distribution of obscene literature, etc. The Child Welfare Law, which prescribes for punishment against the act of keeping a child in his/her custody with the aim of making the child perform such act that has injurious effects on the child's mind and body. For instance, the act of making children perform in a pornographic business or publication is subjected to punishment under this provision of the Child Welfare Law.

(iv) Furthermore, the Law on Control and Improvement of Amusement and Entertainment Businesses prohibits proprietors of attraction business showing nude persons for soliciting sexual curiosity from making persons under 18 years of age meet with guests in the place of business. Those who have violated the laws are subject to punishment thereunder.

(v) Moreover, prefectural ordinances concerning the protection and fostering of young persons (so-called Youth Protection Ordinance) provide for the prohibition of obscene and indecent acts against young persons, and are promulgated according to the actual situations of each region. The government also promotes, as appropriate domestic measures to deal with the issue, thorough regulation by the appropriate application and adjustment of said ordinances established by prefectures.

296. The police classify crimes that harm the welfare of children as "welfare crimes," including sexual exploitation and sexual abuse of children, and are engaging in continuous control. While protecting children in harmful environments (involved in dangerous work or sex business), female police officers for juveniles practice aftercare counseling to alleviate the physical and psychological injury inflicted upon victimized children and help them recover promptly. With regard to the children who are the victims of child welfare crimes, moreover, the Child Guidance Center gives counseling and education to the child and his/her family.

297. Furthermore, in some cases foreign children, mainly from Southeast Asian countries, are being employed for such harmful work, following the increasing number of in-coming foreigners in Japan. Since 1996, the Government has incorporated crimes of assisting illegal employment as referred to in Article 73-2 of the Immigration-Control and Refugee-Recognition Law in the category of "welfare crime" which injure the welfare of children, such as child abuse and exploitation. In this way, the police have also reinforced the activities for protection of foreign children.

(Number of Persons)

(Table 31 :Welfare Offenders Arrested for Sexual Exploitation and Abuse)

Classification	1993	1994	1995
Child Welfare Law (act of inducing children to practice obscene acts)	274	290	368
Prostitution Prevention Law	255	381	241
Ordinance for Protecting and Fostering Young Persons (Indecent acts)	2,174	2,453	2,761

(Source: Survey by the National Police Agency)

298. In recent years, there has been an increase in telephone clubs, two-shot dials and so on, that mediate, by using phone lines, the communication between unspecified men and women. There has been a high incidence of girls suffering from sexual damage as a result of making phone calls simply out of their curiosity. Therefore, the following measures are taken: (i) the reinforcement of control by the police over welfare crimes concerning the business of telephone clubs and various illegal activities caused by illegal advertisements; (ii) the enforcement of regulations under the Ordinances for a place of business and a place for card vending machines, and for soliciting activities toward the young people; (iii) as activities for better environments in the regions, requests to the concerned industries for self-imposed control of their business, activities for removal of card vending machines and advertisements in cooperation with related agencies, organizations and people in the communities, and public relations and educational activities. Moreover, the police also take measures to protect girls suffering from sexual injury.

299. Japan is also concerned about children throughout the world who are sent to sex industries and suffering from sexual damage as a result. Japan concluded the Convention for the Suppression of the Traffic in Persons and of the Exploitation of the Prostitution of Others, and Arrangement Relatif a la Repression de la Circulation des Publications Obscenes. The Penal Code stipulates that the law may be applied to serious crimes committed by Japanese nationals outside of the Japanese territory, with regard to indecency through compulsion, rape, constructive compulsory indecency, constructive rape, forced indecent act resulting in death or injury and solicitation to commit fornication. Moreover, with regard to crimes similar to these unlawful offenses, the government is giving assistance in investigation, judicial assistance, and information exchange with foreign countries.

300. Furthermore, in Japan, in order to prevent so-called sex tours by Japanese tourists in foreign countries, under the provisions of the Travel Agency Law, travel agents, their representatives, employees or other workers are prohibited from soliciting and providing services for the performance of acts prohibited by the laws in the places visited (paragraph 1- 3 of Article 13). If it is evident that a travel agent was involved in unsound activities of Japanese travelers, the name of said travel agent and details of involvement are made public. Moreover, the government provides guidance and education for enhancing sound overseas tours by Japanese travelers through the Association for Travel Agencies in Japan.

(Table 32: Penalties Under Main Provisions)

Provisions of the laws (articles)	Penalty
Indecency through compulsion (Article 176 of the Penal Code) Constructive compulsory indecency (Article 178 of Penal Code)	Penal servitude of 6 months or more but not exceeding 7 years
* Rape (Article 177 of Penal Code) * Constructive rape (Article 178 of Penal Code)	Penal servitude for a definite term of 2 years or more
* Public Indecency (Article 174 of Penal Code)	Penal servitude not exceeding 6 months or a fine not exceeding ¥300,000, or custody or minor fine
*Distribution of obscene literature, etc. (Article 175 of the Penal Code)	Servitude not exceeding 2 years or a fine not exceeding ¥2,500,000 or minor
*Act of inducing children to practice obscene acts (Paragraph 1-6 of Article 34 of Child Welfare Law)	Penal servitude not exceeding 10 years or a fine not exceeding ¥500,000
*Act of keeping a child under one's control or for purposes harmful to the child (Paragraph 1-9 of Article 34 of Child Welfare Law)	Penal servitude not exceeding 1 year or a fine not exceeding ¥300,000
*Persuasion of prostitution (Article 5 of Prostitution Prevention Law)	Penal servitude not exceeding 6 months or a fine not exceeding ¥10,000
*Solicitation for prostitution (Article 6 of Prostitution Prevention Law)	Penal servitude not exceeding years or a fine not exceeding ¥500,000
Prostitution through embarrassment (Article 7 of Prostitution Prevention Law) Contracts for Prostitution (Article 10 of Prostitution Prevention Law) *Furnishing of a place for prostitution (Article 11 of Prostitution Prevention Law)	Penal servitude not exceeding 3 years or a fine not exceeding ¥100,000
*Business of making a person prostitute and (Article 12 of Prostitution Prevention Law)	Penal servitude not exceeding 1 year a fine not exceeding ¥300,000

J. Other Forms of Exploitation (art. 36)

301. Other than the aspects of work and sexuality, the Child Welfare Law prohibits activities considered to be harmful to children, including the exhibition of children, and imposes penalties against such offenses. Moreover, when child protection is necessary, the Child Guidance Center serves for the temporary protection of the child.

302. In Japan, under the law concerning the prevention of unlawful activities by members of gangster organizations, enforced on March 1, 1992, the following activities by members of organized crime designated by the prefectural public safety commission are prohibited: forced admission, prevention of deserting, and forcing a tattoo (included by a partial revision in 1993) against juveniles. The law also stipulates that the prefectural public safety commission can order the suspension of these forced activities. By applying these regulations, a suspension order to a gangster who had induced two 16 years old boys to join the organized crime group was enforced (October, 1995: Hokkaido); a suspension order to a gangster who had prevented a 17-year-old boy from withdrawing was enforced (October, 1995: Kanagawa). The protection of juveniles against the organized crime groups is attempted thereby.

K. Sale, Trafficking and Abduction (art. 35)

303. The Penal Code provides for the punishment of anyone kidnapping by force or allurement a minor, and anyone involved in buying or selling another for the purpose of transporting him/her abroad or in transporting the kidnapped/sold person overseas. Moreover, the Child Welfare Law stipulates that the following activities are to be prohibited: acts transferring custody of a child to a person who is liable to violate any of the penal laws and regulations, knowing such facts, or acts transferring custody of such a child to any other person, knowing that the child will be handed over to others for such purposes (Paragraph 1-7 of Article 34 of the Child Welfare Law). The Child Welfare Law stipulates that offenders who have violated the aforementioned regulations are to be punished; In this way, the law prevents the handing over of a child to a person who is in danger of engaging in abduction, purchase and sale, and trading. The number of persons convicted during the ten years between 1984 and 1994, pursuant to paragraph 1-7 of Article 34 of the Child Welfare Law, totaled 263.

304. Furthermore, children are protected from illegal transport to the outside of the country by ensuring just control of immigration and emigration based on the Immigration-Control and Refugees-Recognition Law.

305. In addition, Japan concluded the Convention for the Suppression of the Traffic in Persons and of the Exportation of the Prostitution of Others, with regard to purchase and sale of a person for the purpose of prostitution, we are to have a system enabling judicial cooperation and exchange of information between members of the Convention against violating activities noted in the Convention.

L. Children Belonging to a Minority or an Indigenous Group (art. 30)

306. The Constitution of Japan prohibits discrimination based on race, etc. It also guarantees freedom of expression, thought, conscience and religion. Therefore, with regard to all children who belong to an ethnic minority or an indigenous group referred to in Article 30 of the Convention, as a citizen whose equality under the Constitution is guaranteed, the right to have their own culture, to practice their own religion, or to use their own language is guaranteed.

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