1989 Fiscal Year Final Research Report Summary
Research on the Legal System protecting the Rights of the Child in Modern Society.
| Project/Area Number |
63301069
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| Research Category |
Grant-in-Aid for Co-operative Research (A)
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| Allocation Type | Single-year Grants |
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| Research Field |
Public law
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| Research Institution | HOUSEI UNIVERSITY |
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Principal Investigator |
NAGAI Kenichi HOUSEI UNIVERSITY, FACULTY OF LAW, PROFESSOR, 法学部, 教授 (20062789)
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| Co-Investigator(Kenkyū-buntansha) |
KITA Akito RISSHOU UNIVERSITY, FACULTY OF ASSISTANT PROFESSOR, 文学部, 助教授 (70147932)
MORIKATU Imahasi UNIVERSITY OF IBARAGI, FACULTY OF PROFESSOR, 人文学部, 教授 (30007463)
MORI Hideki UNIVERSITY OF NAGOYA, FACULTY OF LAW, PROFESSOR, 法学部, 教授 (60022422)
TONAMI Kouji UNIVERSITY OF TUKUBA, ASSISTANT PROFESSOR, 助教授 (00155540)
URANO Toyokazu UNIVERSITY OF TOKYO, FACULTY OF EDUCATION, ASSISTANT PROFESSOR, 教育学部, 助教授 (70002467)
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| Project Period (FY) |
1988 – 1989
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| Keywords | Convention on the Rights of the Child / the object of the protection / the subject who can exercise his or her own rights / the school rule / the right to express his or her own views / students' right to self-determination / 自己表明権 / 意見表明権 |
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| Research Abstract |
In this research, we investigate the problems which arise in the legal system that is aimed to protect the rights of the child. We made following points clear. 1)In Japan , there comes the movement towards providing the institutions to protect the rights of the child before the conflicts are taken into the court. 2)The main feature of Convention on the Rights of the Child which was adopted on 20th November 1989 by the United Nations, can be found in its treating the child not only as the object of protection but also as the subject who can exercise his own rights. For example this convention provides the right to express his or her own views and right to freedom of expression, thought, conscience, and religion. 3)The school rule -that is called "kosoku" in Japan- which enforces the certain type of hair style to the students, or prohibits them from getting driving license is unconstitutional. It violates the students' right to self-determination, or the right of expressing themselves through their hairstyle. Moreover, such school rule cannot be considered as the legal standard of school discipline.
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