KOKAGE
Under the big tree
The guide of Homeschooling in Japan
Laws you want to know
Higher-level method
Higher-level method
Principle of priority
Lower method
Adopted June 26, 1945, effective October 24, 1945
The Charter of the United Nations reflects on the devastation of war, reaffirms its beliefs in basic human rights and human dignity and values, and reaffirms its promotion of social progress and respect and compliance in great freedom. .. Of course, "everyone" here includes children, so it can be understood as an international guarantee of children's rights.
～～～～ "Children and the Law" by Masayuki Tanamura Chapter 3 Excerpt from the Convention on the Rights of the Child ～～～
Universal Declaration of Human Rights
Adopted at the 3rd United Nations General Assembly on December 10, 1948
An international bible of human rights consisting of all 230 articles.
Article 26 (3) Parents have a preferential right to choose the type of education they give their children.
Declaration of the Rights of the Child
November 20, 1959 Unanimously adopted at the 14th United Nations General Assembly.
It takes up the rights of children head-on, proclaims the right to life and the right to pursue happiness, and clarifies the following 10 principles regarding children.
(1) Right to enjoy the rights stated in this declaration indiscriminately and equally (2) Right to self-develop in a healthy and free environment with special protection (3) Right to have a surname and nationality (4) Right to enjoy social security ⑤ Right to be brought up in love and mental and material stability ⑥ ⑦ Right to education and right to choose
⑧ Right to receive priority protection and support ⑨ Right to be protected from neglect, abuse and exploitation ⑩ Right to be protected from discriminatory practices and raised with an awareness of fraternity, peace and contribution
～～ From "Children and Law" by Masayuki Tanamura
Convention on the Rights of the Child
Article 5 (Respect for parental guidance)
States parties are recognized in this Convention by their parents, or where appropriate, members of extended families or communities, legal guardians or others who are legally liable to their children, as provided by local customs. Respect the responsibility, right and obligation of giving appropriate instructions and guidance to a child in exercising his or her rights in a manner consistent with the development of the child's abilities.
Article 12 (Right to express opinions)
1. States parties guarantee to children who have the power to put together their views the right to freely express their views on all matters that affect them. In doing so, the child's views are justified according to their age and maturity.
Article 18 (Primary Parental Responsibility and National Assistance)
1. States parties will make every effort to ensure recognition of the principle that both parents have a common responsibility for the care and development of their children. The parent or, in some cases, the statutory guardian has primary responsibility for the care and development of the child. The best interests of the child are the basic concern of the parent or statutory guardian.
2. In order to guarantee and promote the rights set forth in this Convention, the State party shall provide appropriate assistance to parents and legal guardians in fulfilling their child-rearing responsibilities, and an institution for the care of children. Ensure the development of facilities and services.
3. States parties shall take all appropriate steps to ensure that children with working parents have the right to benefit from the childcare services and facilities they are eligible to receive.
Article 31 (Children's right to rest and play)
1 The State party recognizes the child's right to rest and leisure and the right of the child to engage in play and recreational activities appropriate for his age and to freely participate in cultural life and art.
2 Parties shall respect and promote the right of children to fully participate in cultural and artistic life, and appropriate and equal opportunities for cultural and artistic activities as well as recreational and leisure activities. Encourage the provision of.
October 1998
The Convention on the Rights of the Child was adopted at the 44th United Nations General Assembly on November 20, 1989, and Japan signed this Convention on September 21, 1990. ， Ratified on April 22, 1994 (Heisei 6). (For Japan, it became effective on May 22, 1994.)
This treaty provides a global perspective in light of the fact that many children in the world (children are defined as all under the age of 18) are still in difficult situations such as hunger and poverty today. The aim is to promote respect and protection of children's human rights.
With the entry into force of this treaty, it is required that education be carried out with due consideration for the basic human rights of children and students, with an emphasis on each individual.
Reference site:
Convention on the Rights of the Child Japan Committee for UNICEF "UNICEF" Children and Teachers Square
Constitution of Japan 日本国憲法
Showa 21 (1946)
第十一条国民は、すべての基本的人権の享有を妨げられない。この憲法が国民に保障する基本的人権は、侵すことのできない永久の権利として、現在及び将来の国民に与へられる。
Article 11.The people shall not be prevented from enjoying any of the fundamental human rights.These fundamental human rights guaranteed to the people by this Constitution shall be conferred upon the people of this and future generations as eternal and inviolate rights.
第十二条この憲法が国民に保障する自由及び権利は、国民の不断の努力によつて、これを保持しなければならない。又、国民は、これを濫用してはならないのであつて、常に公共の福祉のためにこれを利用する責任を負ふ。
Article 12.The freedoms and rights guaranteed to the people by this Constitution shall be maintained by the constant endeavor of the people, who shall refrain from any abuse of these freedoms and rights and shall always be responsible for utilizing them for the public welfare.
第十三条すべて国民は、個人として尊重される。生命、自由及び幸福追求に対する国民の権利については、公共の福祉に反しない限り、立法その他の国政の上で、最大の尊重を必要とする。
Article 13.All of the people shall be respected as individuals.Their right to life, liberty, and the pursuit of happiness shall, to the extent that it does not interfere with the public welfare, be the supreme consideration in legislation and in other governmental affairs.
第十四条すべて国民は、法の下に平等であつて、人種、信条、性別、社会的身分又は門地により、政治的、経済的又は社会的関係において、差別されない。
Article 14.All of the people are equal under the law and there shall be no discrimination in political, economic or social relations because of race, creed, sex, social status or family origin.
第二十三条学問の自由は、これを保障する。
Article 23.Academic freedom is guaranteed
第二十六条すべて国民は、法律の定めるところにより、その能力に応じて、ひとしく教育を受ける権利を有する。
Article 26.All people shall have the right to receive an equal education correspondent to their ability, as provided by law.
すべて国民は、法律の定めるところにより、その保護する子女に普通教育を受けさせる義務を負ふ。義務教育は、これを無償とする。
All people shall be obligated to have all boys and girls under their protection receive ordinary education as provided for by law.Such compulsory education shall be free.
👉 Ministry of Education, Culture, Sports, Science and Technology
Revised in 2006
（家庭教育）
(Education in the Family)
第十条 父母その他の保護者は、子の教育について第一義的責任を有するものであって、生活のために必要な習慣を身に付けさせるとともに、自立心を育成し、心身の調和のとれた発達を図るよう努めるものとする。
Article 10(1)Mothers, fathers, and other guardians, having the primary responsibility for their children's education, shall endeavor to teach them the habits necessary for life, encourage a spirit of independence, and nurture the balanced development of their bodies and minds.
2国及び地方公共団体は、家庭教育の自主性を尊重しつつ、保護者に対する学習の機会及び情報の提供その他の家庭教育を支援するために必要な施策を講ずるよう努めなければならない。
(2)The national and local governments shall endeavor to take the necessary measures for supporting education in the family such as providing children's guardians with opportunities to learn and with information, while respecting family autonomy in education.
Showa 22 (1947)
Japanese law that determines the basis of the school education system.
Educational Opportunity Security Law
Enforced in February 2017 Law on securing educational opportunities equivalent to general education at the stage of compulsory education. Special law of the School Education Law. Ancillary resolutions will be considered by 2020.
Ancillary resolution (House of Representatives, Educational Science Committee)
Ancillary resolution (House of Councilors Education and Science Committee)
About support for school refusal children (Notice) September 14, 2016 (Securing Law Guidelines) ⇒ Abolished
※ "About the way of support to non-school students (notification)" Ryowa first year October 25
Showa 24 (1949)
(Definition of social education)
Article 2 In this Act, "social education" means the School Education Act (Act No. 26 of 1947) or the Act on Promotion of Comprehensive Provision of Education, Childcare, etc. for Preschool Children (Heisei). Based on the 18th Law No. 77), systematic educational activities (including physical education and recreational activities) mainly conducted for adolescents and adults, excluding educational activities conducted as a school education course. Say.
* After-school club activities are social education activities.
1990
Law Concerning Development of Promotion System for Measures for Promotion of Lifelong Learning
(Prefectural projects to contribute to the promotion of lifelong learning)
Article 3 In order to contribute to the promotion of lifelong learning, the prefectural boards of education generally establish the necessary systems to promote the projects listed in the following items in cooperation with each other. We shall endeavor to carry out the above in an integrated and effective manner.
(I) To collect, organize, and provide information on learning related to school education and social education (including those related to physical education; hereinafter referred to as "learning" in this section) and opportunities for cultural activities.
(Ii) Conduct research on the demand for learning by residents and the evaluation of learning outcomes.
(Iii) To develop learning methods that match the actual conditions of the region.
(Iv) To provide training for instructors and advisers regarding the learning of residents.
(V) To respond to inquiries and consultations, and provide advice and other assistance to institutions and organizations related to school education, social education and culture in the region, regarding mutual cooperation between these institutions and organizations.
(Vi) In addition to the items listed in the preceding items, conduct necessary projects related to the establishment of courses for social education and the provision of learning opportunities for residents.
2 The prefectural Board of Education shall endeavor to cooperate with social education-related organizations and other organizations and organizations that carry out projects that contribute to lifelong learning in conducting the projects prescribed in the preceding paragraph.