PART II Recent Trends and Developments in Government Policies in Education, Science and Culture
Chapter 3. Enhancing Primary and Secondary Education
Section 9. The Convention on the Rights of the Child and School Education
The Convention on the Rights of the Child was adopted by the United Nations General Assembly in November 1989. As of August 3, 1994, 164 countries had become States Parties to the convention. The convention calls for the protection of children and respect for their human rights from a global perspective, in response to the fact that there are many children in the world living in difficult conditions, such as poverty and starvation. It defines all people under the age of 18 as children. Japan expressed its support of these ideals by signing the convention in September 1990 and ratifying it on April 22, 1994, after approval by the Diet. It entered into force on May 22 the same year.
The convention is in harmony with the Constitution of Japan and the Fundamental Law of Education, which espouse respect for fundamental human rights, and the International Covenants on Human Rights, to which Japan had earlier become a State Party. Entry into force of the convention therefore does not necessitate any significant changes to education-related laws. It is necessary, however, to promote respect for fundamental human rights in the wider community through school education and social education. Obviously, children must be respected as individuals with their own personalities.
In schools, it is extremely important to provide education based on respect for the individual and proper consideration for the human rights of schoolchildren. The convention must be used as a catalyst for further efforts to enhance education.
This perspective was reflected in the notice "On the Convention on the Rights of the Child" issued by the Vice-Minister of Education on May 20, 1994. As outlined below, the notice calls on all concerned, including prefectural boards of education and prefectural governors, to ensure that the aims of the convention are widely publicized and to make further improvements in key areas of education, particularly in schools, in accordance with the aims of the convention.
1. In line with the aims of the convention, and in the spirit of the Constitution and the Fundamental Law of Education, respect for fundamental human rights must be strongly promoted across the entire spectrum of educational activities. It is also vital to instill a proper understanding of both rights and obligations.
2. Bullying and school violence are major problems with serious implications for the physical and mental well-being of schoolchildren. We must observe the spirit of the convention by making determined efforts to deal with these problems. We must also make increased efforts to deal with the problems of refusal to attend school and upper secondary school dropouts.
3. Corporal punishment is strictly prohibited by Article 11 of the School Education Law. Increased efforts must be made to eliminate corporal punishment.
4. Schools may instruct and direct schoolchildren and establish school rules within reasonable limits as required to achieve educational objectives. School rules may be determined on the responsibility and at the discretion of schools. There must be ongoing studies, however, to develop rules that are more appropriate in terms of schoolchildren's actual circumstances, parents' wishes, local conditions, and other factors.
5. With regard to the right to express views, while schools are not expected to accept all views expressed by schoolchildren, they must fully understand schoolchildren's actual circumstances and ensure that appropriate education is provided.
6. When schools impose punishments, such as expulsion or suspension, they must provide opportunities for the views of the schoolchildren concerned to be fully heard. The same applies in the case of suspension of class attendance.
7. Education in schools concerning the national flag and the national anthem is not intended to restrict schoolchildren's freedom of thought or conscience. Efforts to enhance education in this area should continue.
8. When providing educational guidance about the Convention on the Rights of the Child, the word kodomo (child) may be used where appropriate instead of jido (child).
