Opinion Calling for Promoting the Establishment of Local Consultation and Relief Institutions for Children and National Human Rights Institution for Children Independent from the Government to Secure the Rights of the Child Considering the Convention on the Rights of the Child
September 20, 2024
Japan Federation of Bar Associations
The Japan Federation of Bar Associations (the "JFBA") compiled its "Opinion Calling for Promoting the Establishment of Local Consultation and Relief Institution for Children and National Human Rights Institution for Children Independent from the Government to Secure the Rights of the Child Considering the Convention on the Rights of the Child" dated September 20, 2024, and submitted it on October 11, 2024 to the Minister for Internal Affairs and Communications; the Minister of Education, Culture, Sports, Science and Technology; the Minister of Justice; the Minister of State for Policies Related to Children, Measures for Declining Birthrate, Youth Empowerment, Gender Equality, and Promoting Cohesive and Mutual Assistance Society; the Administrator of the Children and Families Agency; prefectural governors; mayors of Designated Cities by Cabinet Order; mayors of Core Cities; and the official representatives of the respective political parties.
Summary of Opinion
The JFBA makes the following requests to the national and local governments.
1. Local governments shall establish local consultation and relief institutions for children through ordinance, such as an ombudsperson. Such ordinance shall state that such institutions are to be established considering the Basic Act on Children's Policy and the United Nations Convention on the Rights of the Child as follows. In the case of local governments with such institutions established based on an ordinance, the ordinance shall be amended considering the Act and the Convention.
(a) Providing consultation to the child and engaging in advocacy for the rights of the child.
(b) Listening to the child’s voice and providing relief for and based on the rights of the child, as a fair public third-party institution being independent from administrative authorities.
(c) Having the authority to examine violations of the rights of the child, upon petition or voluntarily, and taking actions to advocate for the rights of the child, including making adjustments and recommendations and expressing opinions.
(d) Giving opinions and suggestions to not only public organizations but also private organizations and taking measures to advocate for the rights of the child in cooperation with such organizations.
(e) Conducting activities to raise public awareness of the rights of the child and the Convention.
2. The national government shall take financial measures necessary to encourage local governments to establish local consultation and relief institutions for children through ordinance.
3. The national government shall promptly establish a human rights institution independent from the national government in accordance with the Paris Principles (the United Nations Principles relating to the status and functioning of national institutions for protection and promotion of human rights), to work on providing relief for the rights of the child in cooperation with consultation and relief institutions for children established by local governments.