Children's rights

Rules for children should be in line with children's rights

Adequate food, education, and free speech are rights every child is entitled to. In fact, though, violations of children's rights are occurring, such as when a child cannot receive an education and, instead, is forced to work or a child suffers from malnutrition due to a lack of food.

In Japan, where such cases don't often occur, our awareness of these serious violations of human rights is low. However, the difficulties of free speech, where a child's views are not given due consideration by adults, is more widespread.

For this issue, we examined the idea of children's rights from the perspective of conditions in Japan. We found that some common cases may violate a child's rights. In addition, we learned that, in order to have rights, children must also assume certain responsibilities.

Regarding possible cases of children's rights violations, we sought the views of three experts in children's rights and laws.	Keigo Toda lawyer of the Hiroshima Bar Association Tatsuo Tokumoto professor at Hiroshima Bunkyo Women's University and an expert on education Noriko Wakao professor in the Department of Social Welfare and an expert on the constitution
	I think it violates a child's rights I don't think it violates a child's rights. I can't say whether or not it violates a child's rights.

Girls can only wear skirts for their school uniform. Strict rules govern hairstyles.

Article 28 of the United Nations Convention on the Rights of the Child (UNCRC) states that school rules should be "consistent with the child's human dignity" and Article 13 of the Japanese Constitution can be interpreted to permit freedom in one's choice of clothing. Hairstyle is a part of a person's body so this should be handled carefully. A case could be made to change such school regulations. A school uniform is part of the package in choosing a school so it can't be said that school regulations in terms of the uniform is always a violation of one's rights. If there are reasonable grounds for not agreeing to a school's rules, I recommend a discussion with the school officials. If they wouldn't respect your feelings and they still force you to obey the regulations, this could be the basis for a violation of rights. In cases where you are pressured into adopting a particular hairstyle, such as close-cropped hair, and you aren't given a choice in the matter, this would also be a violation. Forcing girls to wear skirts may fall under Article 5 of the "Convention on the Elimination of All Forms of Discrimination against Women" which condemns "customs... which are based on the idea of the inferiority or the superiority of either of the sexes or on stereotyped roles for men and women." Article 13 of the Japanese Constitution guarantees people's right to life, liberty, and the pursuit of happiness. Therefore, compelling students to wear specified uniforms at school is in violation of the Constitution. Decisions involving hairstyle should be thought of as an individual right.

I'm not a big eater and we have only 15 minutes to eat lunch. If I can't eat it all, I have to stay by myself in the classroom.

School lunch is a part of food culture. We should enjoy eating meals in a relaxed mood and with suitable manners. Article 31 of the UNCRC protects the cultural life of children. Forcing a child to eat within a short time denies his individual nature and is unacceptable. If you told your teacher you weren't feeling well and yet you were still forced to eat in a short time, this would be a violation of your rights. Setting a time or an amount of food is not in itself a violation. The UNCRC guarantees children the right to state their opinion so they should first try to speak up. This situation would violate Article 13 of the Japanese Constitution which guarantees the right to live, liberty, and the pursuit of happiness as well as Article 31 of the UNCRC which refers to the rights of rest and leisure. School rules must not neglect individual differences or infringe on personal privacy.

School regulations state that students can't leave school districts without their parents' permission.

Articles 5 and 18 of the UNCRC state that the primary responsibility for caring for a child lies with the parents; they have the duty and the right to provide appropriate guidance. Schools shouldn't try to regulate a child's entire life outside of school, though this doesn't mean that children should be permitted to decide everything on their own, either. If a child consistently takes reliable actions each day, obtaining this parental permission should be straightforward. In order to enjoy their rights, children must carry out their duties. If a child is responsible and yet forced to obey the regulation, this would be a violation of his rights. School regulations covering a student's private life is a possible infringement of parents' responsibilities, duties, and rights. Requiring parental permission for school regulations is a problem. Parents, though, have the responsibility to make decisions regarding their children's actions.

I don't want to go to school, but I'm forced to.

Children have the right to learn and grow in a healthy environment. If a child is being bulled at school, this right must be protected by changing his environment. If a child's right to education can be preserved outside of the school setting, forcing him to attend school is a violation of his rights. When a child feels himself in danger, mentally or physically, because of bullying, forcing him to attend school is problematic. But when a child refuses to go because "it's a bother," compulsory schooling isn't a violation. Children must learn to live with others while we respect their right to an education. Education is a right, not a duty. Article 26 of the Japanese Constitution states that parents have a responsibility to observe their children to see whether or not they are happy at school. In some cases it may be necessary to secure another setting for their education outside of school.

My parents won't let me have a cell phone.

Having a cell phone is not a child's right. Children must be aware of the danger that goes with using cell phones, such as becoming involved in a crime through online dating services. I think parents have reasons for not permitting their children to have cell phones. Cell phones can be borrowed at school or at cram school. However, if a child is responsible and yet the parents still won't permit it, this might be a violation of the child's rights. Children have the right to express their opinions and parents are required to provide them with appropriate guidance. It is important that the parents explain the reasons behind their decision not to allow a child to have a cell phone.

I'm a high school student, but my parents make me come home by 5 p.m.

Article 31 of the UNCRC says that children should have time for rest and leisure. On the other hand, parents have the right to raise and supervise their children; Article 18 refers to this parental responsibility. I suggest that you share your feelings with your parents and discuss the best way to handle the situation. It depends on the child's maturity, as seen through the eyes of the parents. If you can help your parents see that you're now mature enough, you can change the situation for the better. If you speak openly about the situation with your parents, and they refuse to listen to you, it could be a violation of your rights. I think a curfew of 5 p.m. is too early for a high school student. Article 5 of the UNCRC expects parents to provide guidance to their children in a manner consistent with the evolving capacities of the child. Article 12 specifies the child's right to express his views freely in all matters that affect him and these views should be given due weight in accordance with the age and maturity of the child. Parents should try to find out about the curfew times of their children's friends and talk openly with their children about the matter.

Children don't have the right to vote.

The Japanese Constitution only grants the right to vote to adults. But children still have the freedom to express themselves. The UNCRC says that a child has the right to speak his mind and organize groups. Some schools prohibit all political activities by students, but this ban is a violation of the Japanese Constitution and the UNCRC. The fact that children are not given the right to vote is not an infringement of their rights. At the same time, children can take part in politics through other means, such as contributing your opinions to newspapers and expressing your views to adults. The right to vote is an important condition for drawing a distinction between children and adults. Adults are regarded as mature enough to take part in politics in line with their own judgments, holding the capacity to make decisions about the shape of society. Children's decision-making is limited to matters in their own lives. The UNCRC guarantees children the right to make decisions in accordance with their capacity.

My computer has an internet filter, so I'm unable to access my friend's blog.

A child has a right to access a variety of information. However, it can't be said that children have enough knowledge and ability to judge whether certain information is suitable for them. Harmful information could affect a child's mental and physical development. Internet filtering is a way to protect children from accessing harmful information. It is important for children to be protected during their development. If you lead a responsible life and your parents are satisfied with your maturity, you may be able to change the situation. This issue is a matter of parental guidance. It is important for you and your parents to talk about why the internet filter is needed and how this causes you inconvenience, taking your growing maturity into account.

Reported by	Masashi Muro, 16, Seira Furukawa,15, Yuki Sakata,15,
	Reika Konno,14, Yuka Iguchi,14, and Mako Sakamoto,12.

We met with Makoto Yokofujita, 52, a professor at The Graduate School of Social Science at Hiroshima University and a scholar of constitutional law. We asked him about children's rights.

Professor Yokofujita (left) explains about children's rights. (Photo by Mako Sakamoto, 12)

Children's rights, Professor Yokofujita told us, are essential for children to live in peace. Growing up in a healthy manner, being protected from abuse, having the freedom to express their own opinions-these are all examples of children's rights. Compared to adults, "the right to protection" is especially important for children.

The idea that children have rights was conceived in the last half of the 19th century with the belief that education for children should be guaranteed. In medieval Europe, there was little distinction between a "child" and an "adult" so children were forced to work, too. Even after the concept of "child" was established, there was a period when people only recognized adults as having rights.

The Declaration of Geneva in 1924, adopted by the League of Nations, was the first international agreement recognizing children's rights. This agreement guaranteed that children have the right to be protected; for instance, a hungry child should be given food.

The idea that children hold the same rights as adults became accepted around 1970 when children's rights grew to include freedom of expression and thought. This was prompted by a ruling of the U.S. Supreme Court in 1969, which declared that children are entitled to freedom of speech.

In 1989, the Convention on the Rights of the Child was adopted. However, there are still many countries where children's rights aren't guaranteed. For example, in Sierra Leone in Africa, many children aren't provided with adequate food or medical care so their right to grow up in a healthy manner is hindered. There are also cases in developing countries where children are sold or are forced to work or marry.

In developed countries like Japan, we hardly feel such threats to the basic rights that are necessary for living. However, developed countries face their own problems, such as the spread of child pornography on the internet. (Yuki Sakata, 15 and Yuka Iguchi,14)