{"id":13348,"date":"2019-06-19T17:09:58","date_gmt":"2019-06-19T16:09:58","guid":{"rendered":"https:\/\/endcorporalpunishment.org\/?p=13348"},"modified":"2019-12-10T12:03:03","modified_gmt":"2019-12-10T12:03:03","slug":"japan-takes-steps-towards-prohibiting-corporal-punishment","status":"publish","type":"post","link":"https:\/\/endcorporalpunishment.org\/japan-takes-steps-towards-prohibiting-corporal-punishment\/","title":{"rendered":"Japan takes steps towards prohibiting corporal punishment of children"},"content":{"rendered":"\n

The Global Initiative welcomes the amendments adopted in the\nDiet on 19 June 2019 as an important step towards fulfilling children\u2019s right\nto be protected from all corporal punishment.<\/p>\n\n\n\n

The legislation adopted amends article 14(1) of the Child\nAbuse Prevention Law 2000 to state (unofficial translation): <\/p>\n\n\n\n

A person who exercises parental authority over a child shall not discipline the child by inflicting corporal punishment upon him\/her or by taking other forms of action that go beyond the scope necessary for the care and education of the child, stipulated in the provision of Article 820 of the Civil Code, and shall give due consideration to appropriate exercise of parental authority over the child.\u201d <\/em><\/p><\/blockquote>\n\n\n\n

Article 820 of the Civil Code states that \u201ca person who\nexercises parental authority holds the right and bears the duty on care and\neducation for the children\u2019s interests\u201d (unofficial translation). The Child\nWelfare Act 1947 was also amended to prohibit corporal punishment by heads of\nchild guidance centres, heads of child welfare institutions and foster parents.\nThe amendments will come into force in April\n2020. The Japanese Government has declared that the existing \u201cright to\ndiscipline\u201d under the Civil Code would be reviewed within two years of the\namendments coming into force, with the discussion starting immediately.<\/p>\n\n\n\n

Although the Global Initiative commends the progress made through\nthe inclusion of an explicit prohibition of \u201ccorporal punishment\u201d, the\ninterpretation of the term \u201ccorporal punishment\u201d remains unclear as it is not\ndefined by the legislation. The Prime Minister stated during debates on the\nBill that corporal punishment would not be allowed on any occasion but the new\nphrasing of article 14(1) of the Child Abuse Prevention Law 2000 could be\ninterpreted as limiting the prohibition to forms of corporal punishment \u201cthat\ngo beyond the scope necessary for the care and education of the child\u201d, which\nmay not include \u2018lighter\u2019 forms of corporal punishment. The Japanese Government\nhas also made it clear that these amendments did not target all humiliating or\ndegrading punishment, including verbal punishment, stating that \u201csignificantly\nviolent language\u201d was already adequately dealt with under existing legislation.<\/p>\n\n\n\n

According to the Supplementary Resolution which was also\nadopted today, the Government will develop guidelines detailing which\nbehaviours fall under the new legislation. It is unclear at this stage whether all\nforms of corporal punishment, however light, will be covered by these\nguidelines. Concerns have additionally been raised that the scope of the\namended articles is too narrow and may not apply to every setting of children\u2019s\nlives. <\/p>\n\n\n\n

We hope that the Government of Japan will urgently adopt the guidelines to clarify that all forms of corporal punishment, as defined by the UN Committee on the Rights of the Child, are unacceptable in all settings, in order to achieve a full prohibition of all corporal punishment. We further hope that the Government will take steps to raise awareness of the harmful effects of all corporal punishment and provide parents and others who care for children with information and training on alternative non-violent discipline, as it has committed to do in the Supplementary Resolution.<\/strong><\/p>\n\n\n\n

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Further information<\/em><\/strong><\/p>\n\n\n\n