A integral research of the remedies for the violations of the children's rights : Toward the systematization of justice and alternative dispute resolution
Project/Area Number |
10620016
|
Research Category |
Grant-in-Aid for Scientific Research (C)
|
Allocation Type | Single-year Grants |
Section | 一般 |
Research Field |
Public law
|
Research Institution | Hokkaido University |
Principal Investigator |
NAKAGAWA Akira Hokkaido University, School of Law, Professor, 大学院・法学研究科, 教授 (60301008)
|
Project Period (FY) |
1998 – 2000
|
Project Status |
Completed (Fiscal Year 2000)
|
Budget Amount *help |
¥2,700,000 (Direct Cost: ¥2,700,000)
Fiscal Year 2000: ¥700,000 (Direct Cost: ¥700,000)
Fiscal Year 1999: ¥800,000 (Direct Cost: ¥800,000)
Fiscal Year 1998: ¥1,200,000 (Direct Cost: ¥1,200,000)
|
Keywords | children's rights / dispute resolution / model of justice / model of alternative dispute resolution |
Research Abstract |
I started this research with the realization that it is urgent to consider what remedies for the violatios of the children's rights should be like, since Japan ratified 'Convention on the Rights of the Child' and shall assure to implement the rights of the child. I have aimed to propose a new way of remedies or a new place for relief, because neither our justice which was playing most part in ensuring children's rights for a long time is now really effective, nor other administrative bodies which are instituted for supporting the rights have been of avail. In my research I concentrated on what kind of remedies for the mental damages of the bullied children and their parents should be found, because the 'bulling'(ijime) is the most serios and urgent matter among the violations of children's rights. I have tried to come up with as specific and practical remedies as possible. First I raised an issue on the accountability and the obligation to information-disclosure of school over the death of a child while at school. Then I considered how disputes between students or their parents and school shoud be settled in the society of the 'legalization' and have been dealt with in the world of justice. Finally I examined carefully the meanings and limitations of justice in order to settle a 'bulling' matter. As a result, I have proposed a new model of relief as ADR (Alternative Dispute Resolution). That is named 'bullings investigation and disputes settelment committee'. After my proposal was taken up by the newspaper (Asahi), this model has attracted no small attention among the world of education or the like, and some local-goverment authorities are beginning to discuss it.
|
Report
(4 results)
Research Products
(20 results)