Rechtliche Aspekte der Kindesmisshandlung und des Kindesmissbrauchs in Japan

Abstract

The article introduces various legal measures taken against child abuse in Japan against the backdrop of recent reforms. The law defines four different types of abuse, i.e. physical abuse, sexual abuse, neglect and emotional abuse. Child guidance centers act upon receiving notice of a case of child abuse. Although anybody who becomes aware of an child abuse is obliged to report it to the child guidance center, there are several difficulties in practice. The measures to be taken by the center include officially establishing a case of child abuse, taking the child into its care if the child’s welfare so requires, investigating the case and, as a last resort, placing the child in the care of a foster family or a children’s home. The article examines the efficiency of each of the measures in practice and also presents statistical data. Under private law, there is further the possibility to withdraw or suspend the parents’ custody rights. In this context, the provisions on guardianship have recently been reformed. Finally, the paper examines criminal responsibility for child abuse illustrating in particular the difficulties of establishing criminal liability for sexual abuse.

(The Editors)