Japan

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CountryJapan
Optional protocolon the involvement of children in armed conflict, on the Sale of Children, Child Prostitution and Child Pornography
Safety
Corporal punishmentCorporal Punishment is prohibited in all settings.
Overview of the child rights situation

The report on Japan lists comparatively many negative points for an industrialised country. Japan has a problem with violence and sexual exploitation of children. High societal pressure leads to problems such as HIV infection and mental illness being little noticed and running under the radar. The overall nature of society is very competitive and childhood and development is harmed by that.

Female genital mutilation and reproductive rights

The Committee is concerned about the increasing rate of HIV/AIDS and other sexually transmitted infections among adolescents, and the limited services and education in schools on sexual and reproductive health and family planning. Additionally, the Committee is concerned about the high rate of abortion among teenage girls and the fact that abortion is illegal. The Committee urges the State party to adopt a comprehensive sexual and reproductive health policy for adolescents and ensure that sexual and reproductive health education is consistently implemented as part of the mandatory school curriculum and targeted at adolescent girls and boys, with a special focus on preventing early pregnancy and sexually transmitted infections. Japan should also consider decriminalizing abortion in all circumstances and increase access to safe abortion and post-abortion care services for adolescent girls.

Discrimination
Situation of children with disabilities

The Committee recommends that the State party adopt a human rights-based approach to disability, set up a comprehensive strategy for the inclusion of children with disabilities and regularly collect data on children with disabilities. Furthermore, the Committee recommends that the State party develop an efficient system for diagnosing disability, which is necessary for putting in place appropriate policies and programmes for children with disabilities. Japan should also strengthen measures, supported with adequate human, technical and financial resources, to develop and implement inclusive education in integrated classes, train specialized teachers and professionals and assign them to integrated classes that provide individual support and all due attention to children with learning difficulties. The Committee further recommends to strictly apply and monitor the implementation of standards for facilities and personnel in afterschool day-care services and ensure they are inclusive. Additionally, the Committee recommends that the State party take immediate measures to ensure that children with disabilities have access to health care, including early detection and intervention programmes. In addition to that, Japan should provide training and increase the number of professional staff working with children with disabilities, such as teachers, social workers and health, medical, therapeutic and care personnel.

Situation of asylum-seeking, refugee and migrant childrenThe Committee recommends that the State party ensure that the best interests of the child are a primary consideration in all decisions relating to children and that the principle of non-refoulement is upheld. The State party should also establish a legal framework to prevent asylum-seeking parents being detained and separated from their children and the State party should take immediate measures, including through the establishment of a formal mechanism, to prevent the detention of unaccompanied or separated asylum- seeking or migrant children, ensure the immediate release of all such children from immigration detention facilities and provide them with shelter, appropriate care and access to education. The State party also recommends to develop campaigns to counter hate speech against asylum seekers and refugees, particularly children.
Education
Free kindergartenYes
Free primary and secondary schoolYes
Health
physical health

The Committee recommends that the State party analyse the root causes of the high rate of low-weight births and introduce evidence-based measures to effectively improve the birth weight of infants and the nutritional status of infants, children and mothers, including through the Healthy Parents and Children 21 (Second Stage) campaign.
Concerning environmental health, the Committee recommends that the State party reaffirm that radiation exposure in evacuation zones is consistent with internationally accepted knowledge on risk factors for children and continue providing financial, housing, medical and other support to evacuees, in particular children, from areas not designated for return. Japan should also intensify the provision of medical and other services to children affected by radiation in Fukushima prefecture as well as conduct comprehensive and long-term health check-ups for children in areas with radiation doses exceeding 1 millisievert per year.

Relation to other countries
mental health

The Committee is seriously concerned about the insufficient attention to the mental health of adolescents, the negative attitudes towards mental health issues in society and the shortage of child psychologists and other specialized personnel. Therefore, the Committee urges Japan to address the emotional and psychological well-being of children and adolescents through a multidisciplinary approach, including analysis of root causes, awareness-raising and increasing the number of specialists.

Impacts of climate change

The Committee recommends that the State party ensure that the special vulnerabilities and needs of children, as well as their views, are taken into account in developing policies or programmes addressing the issues of climate change and disaster risk management. It also recommends to increase children’s awareness and preparedness for climate change and natural disasters by incorporating the topic into the school curriculum and teachers’ training programmes. Japan should further collect disaggregated data identifying the types of risk faced by children to the occurrence of a variety of disasters in order to formulate international, regional and national policies, frameworks and agreements accordingly. Furthermore, the Committee recommends that the State party ensure that climate mitigation policies are compatible with the Convention, including by reducing its emissions of greenhouse gases in line with its international commitments to avoid a level of climate change threatening the enjoyment of children’s rights.
In addition to that, the Committee recommends that the State party reconsider its funding of coal-fired power plants in other countries and ensure that they are gradually replaced by power plants using sustainable energy.

Business sector

The Committee recommends that Japan adopt and implement regulations to hold the business sector accountable for complying with international standards, including on labour and the environment, that are relevant to children’s rights. Also, Japan should undertake awareness-raising campaigns in collaboration with the tourism industry, media and advertising companies, the entertainment industry and the public at large on the prevention of sexual exploitation of children in the context of travel and tourism.

Situation of juvenile justice

The Committee is seriously concerned that the right to legal counsel is not systematically implemented, children over 16 years of age committing serious offences can be sent to adult criminal courts and children between 14 and 16 years of age can be detained in correctional centres. Furthermore, the Committee is seriously concerned that children designated as “likely to commit crimes” may be deprived of their liberty and children are sentenced to life imprisonment, and are generally detained considerably longer than the minimum pre-parole period.
Therefore, the Committee urges the State party to bring its juvenile justice system fully into line with the Convention and other relevant standards. In particular, the Committee urges the State party to study the root causes of child offending and urgently implement preventive measures as well as ensure the provision of qualified and independent legal aid to children in conflict with the law at an early stage of the procedure and throughout the legal proceedings. Japan should also ensure that no child is tried by adult criminal courts.

Specific observations

The Committee is seriously concerned that the right to legal counsel is not systematically implemented, children over 16 years of age committing serious offences can be sent to adult criminal courts and children between 14 and 16 years of age can be detained in correctional centres. Furthermore, the Committee is seriously concerned that children designated as “likely to commit crimes” may be deprived of their liberty and children are sentenced to life imprisonment, and are generally detained considerably longer than the minimum pre-parole period.
Therefore, the Committee urges the State party to bring its juvenile justice system fully into line with the Convention and other relevant standards. In particular, the Committee urges the State party to study the root causes of child offending and urgently implement preventive measures as well as ensure the provision of qualified and independent legal aid to children in conflict with the law at an early stage of the procedure and throughout the legal proceedings. Japan should also ensure that no child is tried by adult criminal courts.

Additional background

Concluding observations on the fourth and fifth periodic reports released on 5 March 2019. The Committee recommends that the State party consider withdrawing its reservation to article 37 (c), which constitutes an obstacle to the full application of the Convention.More information about education in Japan:

https://wenr.wes.org and https://wenr.wes.org

Last Updated (date)1st of March, 2022