In addition to domestic laws, Japan has signed a number of international treaties that are relevant to children's rights.  Theoretically, these treaties carry the force of law.  This page lists relevant treaties, whether or not Japan has signed them.

(September 2006): Japanese language version of the Hague Convention on the Civil Aspects of International Child Abduction is finally available.

(2004) CRN Japan, in a 10 member coalition, has submitted a critique of Japan's Second Report to United Nations Committee on the Rights of the Child.  Read more...

Essays

1. •The meaning of a country's treaty status (signed, ratified, etc)
   

2. •Bringing an international case based on a treaty
   
   

Treaties

Click on the title of the treaty to see detailed information and references, including a reference to the full text of the treaty and information on how the treaty may apply to cases in Japan.

Name of Treaty

Brief Description

United Nations Convention on the Rights of the Child

Seeks to protect the economic, social and civil rights of children'.   It contains quite a few protections for the child in terms of his parents also, so it is very relevant.  Japan has signed it but does not follow many of its tenants in practice.

Hague Convention on the Civil Aspects of International Child Abduction

This treaty seeks to secure the prompt return of children wrongfully removed to or retained in any contracting state.   Japan has not signed it, presumably because it would require the overhaul of many existing Family Court related laws, regulations and practices.

Hague Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Co-operation in respect of Parental Responsibility and Measures for the Protection of Children

This treaty covers a very wide range of civil measures of protection concerning children, from orders concerning parental responsibility and contact to public measures of protection or care, and from matters of representation to the protection of children's property.  It reinforces the Hague Convention on the Civil Aspects of International Child Abduction, and goes further to establish uniform standards for international custodial, visitation and parental responsibility related disputes based on the habitual residence of the child.

United Nations International Convention on the Elimination of All Forms of Racial Discrimination

The UN Convention on the Elimination of Racial Discrimination condemns racial discrimination and advocates a policy of eliminating racial discrimination in all its forms and promoting understanding among all races.  It requires each State Party to prohibit and bring to an end, by all appropriate means, including legislation as required by circumstances, racial discrimination by any persons, group or organization.  This applies to discrimination in family courts, with respect to granting child custody, visitation and any related policies.

Hague Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters

The "Hague Service Convention" provides for international service of legal documents in a timely and uniform manner to foreign defendants, by a Central Authority in the foreign Convention country.  If you are involved in a legal dispute in a court that is outside Japan, against a Japanese citizen who is not resident in the same country as the court, you may need to deliver legal documents to them via the methods of this treaty.  If you do not, and if you try to enforce a decision issued by the court in Japan, the Japanese citizen or Japanese court can claim that the legal documents were not properly served.  Then the court order or verdict would not be enforceable in Japan.

Hague Convention on the Law Applicable to Maintenance Obligations

This Convention establishes the applicable law in a conflict of laws situation in respect of maintenance obligations "arising from a family relationship, parentage, marriage or affinity, including a maintenance obligation in respect of a child who is not legitimate."  This Convention replaces the Convention on the Law Applicable to Maintenance Obligations towards Children done on October 24, 1956. 

Hague Convention on the law applicable to maintenance obligations towards children

THIS CONVENTION IS OBSOLETE.  See the Hague Convention on the Law Applicable to Maintenance Obligations instead.

United Nations International Covenant on Civil and Political Rights

There are some items in this treaty that refer to children, but not many.  Its worth a read, but unclear at this time if it is useful.

Hague Convention on the Protection of Children and Co-operation in Respect of Inter-country Adoption.

This treaty is under review for applicability. (See text of treaty.)

Hague Convention on Choice of Court Agreements

This convention conveniently excludes anything related to family law, so it is not applicable.  (See text of treaty.)

2005.6.30 Adopted

Hague Convention on the Recognition of Divorces and Legal Separations.

1970.6.1 Adopted

1975.8.24 Entry Into Force

http://www.hcch.net/index_en.php?act=conventions.text&cid=80

Hague Convention Concerning the International Administration on the Estates of Deceased Persons

1973.10.2 Adopted

1993.7.1 Entry Into Force

Hague Convention on the Taking of Evidence Abroad in Civil or Commercial Matters.

1970.3.18 Adopted

1972.10.7 Entry Into Force

Hague Convention on the Recognition and Enforcement of Foreign  Judgments in Civil and Commercial Matters, Supplementary Protocol.

1971.2.1 Adopted

1979.8.20 Entry Into Force

Hague Convention on Celebration and Recognition of the Validity of Marriages.

1978.3.14 Adopted

1991.5.1 Entry Into Force

Hague Convention on Jurisdiction, Applicable Law and Recognition of Decrees Relating to Adoptions.

1965.11.15 Adopted

1978.10.23 Entry Into Force

Hague Convention on the Taking of Evidence.

Japan: no

Info on this treaty is here

Hague Convention on Civil Procedure of 1954

Japan: yes

Resources

1. •Amnesty International provides information on many of these treaties.  Notably the UN ones seem to be covered, but not the Hague treaties.  They also provide a reference to the texts of these treaties and a summary of the ratification statuses for each country.
   

2. •A list of all UN treaties and their detailed status is here.  (Old cached version is here.)
   

3. •A list of all Hague conventions is here, and a list of only those in-force in Japan is here.
   

4. •Private International Law Association of Japan.  A basic resource on treaties Japan has signed, with Japanese versions of some.  There is an English version.
   

5. •A list of international treaties and their Japanese names. (cached copy)
   

6. •List of international treaties and sometime where to get Japanese versions - Japan National Diet Library
   

To Research

Enforcement of Arbitrary Awards are guaranteed by various bilateral treaties and the following:

1. •New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the New York Convention of 1958)
   

2. •the Geneva Convention on the Execution of Foreign Arbitral Awards (the Geneva Convention of 1927)
   

3. •Information on Arbitration can be found here at website of The Japan Commercial Arbitration Association
   

4. •DECLARATION ON THE HUMAN RIGHTS OF INDIVIDUALS WHO ARE NOT NATIONALS OF THE COUNTRY IN WHICH THEY LIVE (1985)
   

5. •UNITED NATIONS DECLARATION ON THE ELIMINATION OF ALL FORMS OF RACIAL DISCRIMINATION (1963)
   

6. •United Nations DECLARATION ON RACE AND RACIAL PREJUDICE, 1978