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Japan’s Child Welfare Act covers matters of child welfare, including child abuse.  As people became more aware of the issues of child abuse, the Child Abuse Prevention Act was enacted in 2000 to supplement the Child Welfare Act and strengthen child abuse prevention measures. Under both Acts, notification of possible child abuse is required.  The welfare office or the child guidance center that receives the notification should promptly check the situation of the child.  Depending on the situation, various measures may be taken to assist an abused child.  The governor may place an abused child in foster or institutional care against the custodian’s will with the permission of a family court.  The Child Welfare Act penalizes acts of abuse committed against children.  The government runs various child abuse awareness programs.  A bill that would prohibit corporal punishment and initiate other protective measures to assist abused children is currently under consideration.  The Ministry of Health, Labour and Welfare gathers statistics on the number of reported child abuse cases; analyzes cases that resulted in children’s deaths; and researches the whereabouts of children whose health, educational, and welfare records are missing.  Protection of children from sexual abuse, including child prostitution and child pornography, is regulated by a special act.

I. Overview

A. Child Welfare Act as Basic Law

The Child Welfare Act addresses matters of child welfare, including child abuse, in Japan.  The Child Welfare Act states that all children must be properly nurtured, be afforded a guaranteed quality of life, be loved, be protected, have healthy growth and development of the mind and body, and be able to be independent.[1]  The Child Welfare Act sets the roles and responsibilities of the national and local governments as follows:

• Municipalities must properly provide support in immediate communities, as the basic unit of the local government.
• Prefectures must give necessary advice and appropriate assistance to municipalities and properly perform tasks that require specialized knowledge and techniques, and broad responses.
• The national government must take all necessary measures, such as the formulation of policies that ensure the setting up of structures where children can be provided with proper care, provision of advice to municipalities and prefectures, and provision of information.[2]

B. Child Abuse Prevention Act as Special Act

As people became more aware of the issues related to child abuse, a new law that supplements the Child Welfare Act and strengthens the measures to prevent child abuse was enacted in 2000.[3]  The Act on the Prevention, etc. of Child Abuse (Child Abuse Prevention Act) obligates the national and local governments to develop systems necessary for the prevention of child abuse and to support abused children, such as by strengthening collaboration among the relevant ministries and government agencies as well as other relevant organs and private bodies, providing support to private bodies, developing a system for providing medical care, and the like.[4]  The Act states that “no person shall abuse a child,”[5] and particularly obligates teachers, officials and staff of schools, child welfare institutions and hospitals, medical practitioners, attorneys, and other persons involved in child welfare in the course of their duties to endeavor to detect child abuse at an early stage.[6]

The term “child abuse” is defined in the Child Abuse Prevention Act as the following acts committed by a custodian against a person who is under eighteen years of age (child) and is under his/her custody:  

• Assault the child in a manner that will cause or is likely to cause external injury on the body of the child;
• Engage in indecency against the child or cause the child to engage in indecency;
• Materially fail to perform the duty of custody as a custodian, for example,

  a. Substantially reduce the amount of food for the child,
  b. Abandon and neglect the child for a long period of time in a manner that may interfere with normal development of the child mentally or physically, and 
  c. Take no action in response to the listed acts by a noncustodian who lives with the custodian and child; or

• Use significantly violent language or take an extreme attitude of rejection against the child, use physical and/or verbal violence upon one’s spouse or partner at home where the child is living, or otherwise speak or behave in a manner that would be significantly traumatic to the child.[7]

A “custodian” means a person who exercises parental authority, the guardian of a minor, or another person who is currently exercising custody over a child.[8]

Many measures against child abuse also apply to persons who are eighteen and nineteen years old.[9]  

C. Parental Authority

The Child Abuse Prevention Act states the following regarding parental authority:

(1) A person who exercises parental authority over his/her child shall give due consideration to the appropriate exercise of such authority in disciplining the child.

(2) No person who exercises parental authority over his/her child shall be exempt from punishment for assault, bodily injury, or other criminal offense related to child abuse on the ground that he/she is the one who exercises parental authority over the child.[10]

The family law section of the Civil Code has a provision authorizing the loss and suspension of parental authority when a parent abuses his/her child:

Article 834. If a father or mother has abused his/her child or abandoned the child in bad faith, or a child’s interests are extremely harmed due to considerable difficulty or inappropriateness in the exercise of parental authority by his/her father or mother, the family court may, at the request of the child, any relative of the child, a guardian of a minor, a supervisor of a guardian of a minor, or a public prosecutor, make a ruling of loss of parental authority with regard to the father or mother; provided, however, that this shall not apply if the cause thereof is expected to cease to exist within two years.

Article 834-2. If a child’s interests are harmed due to difficulty or inappropriateness in the exercise of parental authority by his/her father or mother, the family court may, at the request of the child, any relative of the child, a guardian of a minor, a supervisor of a guardian of a minor, or a public prosecutor, make a ruling of suspension of parental authority with regard to the father or mother.[11]

The Child Welfare Act added a director of a child guidance center to the above list of persons who may request the loss and suspension of parental authority before a family court.[12]

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II. Child Welfare Act

A. Support of Aid-Requiring Child

Under the Child Welfare Act, a child without a guardian or with an inappropriate guardian is regarded as an “aid-requiring child.”[13]  An abused child is also regarded as an aid-requiring child.  A person who discovers an aid-requiring child must give notification, directly or through a commissioned child welfare volunteer, to the municipal government, a welfare office, or a child guidance center established by the prefectural government.[14]  Rules of confidentiality do not apply to a person who makes such report.[15] 

The welfare office or the child guidance center that received the notification must check the situation of the child promptly, if necessary.[16]  A municipal government must accurately determine whether any support was implemented for an aid-requiring child and, after receiving notification, must

• refer the case to the child guidance center when the prefecture’s action, such as guidance, is required or when medical, mental or social evaluation is required; 
• notify the prefectural governor when it decides the child needs self-reliance supports; or
• notify the child guidance center or the governor when a child abuse investigation or temporary custody of the child is deemed necessary.[17]  

The welfare office must take similar action after it receives notification of an aid-requiring child.[18]  The child guidance center may make the custodian subject to the instruction of a commissioned child welfare volunteer or child welfare officer, provide counseling and assistance, refer the custodian to other offices, or report the case to the governor when it is deemed that the governor’s action is required.[19] 

The governor may provide an admonition to the guardian, require him or her to submit a written pledge, or require the guardian to be guided by a child welfare officer or other person.[20]  The child guidance center and the governor may provide temporary custody of the child, if necessary.[21]  The governor may also entrust the child to a foster parent or admit the child into an infant home, a foster home, a short-term therapeutic institution for emotionally disturbed children (“residential care”), or a children’s self-reliance support facility unless the person who has parental authority over the child or the child’s guardian opposes the measure.[22]  The Child Abuse Prevention Act also enables the governor to place a child who has suffered child abuse in temporary care when the guardian refuses to be guided by a child welfare officer or other person.[23] 

Measures aimed at protecting an aid-requiring child provided by the Child Welfare Act were strengthened by supplementing provisions of the Child Abuse Prevention Act.  Under the Child Abuse Prevention Act, when an abused child is under residential care, including temporary care, the director of a child guidance center or the head of the institution where the abused child is placed may restrict the custodian’s visitation and communication, if necessary.[24]  In addition, the director of the child guidance center may not inform the custodian of the location of the child.[25] The Child Abuse Prevention Act also authorizes the prefectural governor to issue a restraining order prohibiting a custodian who abused the child and whose visitation to and communication with the child is restricted to follow the child at school, residence, or other places for the period of up to six months.[26]  The governor must hold a hearing before issuing the order.[27]  The six-months period is renewable.[28]

Under the Child Welfare Act, in cases where the guardian’s exercise of custody extremely harms the welfare of the child, such as in cases of physical or mental abuse, or extreme neglect cases, the governor may entrust the child to residential care by obtaining permission from a family court against the parent or guardian’s wishes.[29]  If necessary for obtaining permission, the governor may send a child welfare officer to the residence of the child to conduct an investigation.[30] 

B. Person Living with Children Outside of Extended Family

The law requires that individuals with no parental or guardianship authority inform prefectural governors through municipality mayors about instances when they provide an abode to children other than within the fourth degree of kinship for an extended period of time.  Persons to whom children are entrusted pursuant to the law and persons who merely provide lodging to children are not subject to this obligation.[31]

C. Child Abuse at Welfare Facilities

A 2008 amendment added provisions regarding child abuse at welfare facilities.[32]  Physical, mental, and sexual abuses; neglect of care; and taking no action against abuse toward a child by other children are listed as abuses against children under protection.[33]  Anyone who discovers such abuse must promptly notify the municipal or prefectural government, child welfare office, or child guidance center.[34]  The governor must take measures quickly when the notification is sent or forwarded to him/her.[35] 

D. Child Abuse Subject to Criminal Sanction

The Child Welfare Act also prohibits the following acts and imposes criminal sanctions for violators of the following:

• Causing a child to commit an obscene act;
• Placing a child with physical disabilities or morphological abnormalities on public show;
• Causing a child to act as a beggar, or beg by exploiting a child;
• Causing a child under fifteen years of age to perform acrobatics or stunt-horse riding for the purpose of public entertainment;
• Causing a child under fifteen years of age to engage in such money-earning acts as singing, dancing, tricks, and other performances from house to house or on the road, or in other equivalent places;
• Causing a child to engage in such money-earning acts as the sale, distribution, exhibition, or collection of goods or provision of services, from 10:00 p.m. to 3:00 a.m., from house to house or on the road, or in other equivalent places;
• Causing a child under fifteen years of age who engages in the sale of goods or provision of services or other business activities from house to house or on the road to conduct the child’s work at hostess/host bars, store-based sex-related amusement special businesses, or store-based telephonic dating agency businesses;
• Causing a child under fifteen years of age to engage in such money-earning acts as entertaining at an alcoholic party;
• Delivering a child knowingly to a person who is likely to commit any of the acts listed in the preceding items or to commit any other criminal act toward a child, or delivering a child knowingly to other person who will deliver the child to a person who is likely to commit any of the acts as listed above;
• Arranging foster care of a child for the purpose of profit; or
• Keeping a child under one’s control with the intent of causing the child to commit an act that has a mentally and physically harmful impact on the child.[36]

A person who commits the first act above is punishable by imprisonment for not more than ten years and/or a fine of not more than 3,000,000 yen (approximately US$27,000).[37]  A person who commits any of the other listed acts is punishable by imprisonment for not more than three years and/or a fine of not more than 1,000,000 yen (approximately US$9,000).[38]

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III. Child Abuse Prevention Act

The notification of child abuse and subsequent responses are strengthened in the Child Abuse Prevention Act.  Under the Act, a person who has detected a child who appears to have suffered child abuse must promptly give notification, directly or through a commissioned child welfare volunteer, to the municipality, welfare office, or child guidance center.[39]  This notification has the same effect as the notification of an aid-requiring child under the Child Welfare Act.[40]

In addition to the measures under the Child Welfare Act, when a municipality or a prefecture welfare office receives the notification of child abuse, the mayor of the municipality or the director of the welfare office must “take measures to confirm the safety of the relevant child, such as an interview with the child, while obtaining cooperation of the residents of neighboring communities, teachers, and other staff workers of his/her school, officials of child welfare institutions and other persons as necessary.”[41]  The mayor or the director of the welfare office must also, as necessary,

• refer the child to a child guidance center; or
• notify the prefectural governor or the director of child guidance center when further action, such as questioning and temporary custody, is required.[42]

When a child guidance center receives notification or a referral from a municipality or a prefecture welfare office, the director of the child guidance center must take measures to confirm the safety of the child, for example, by conducting an interview with the child, while obtaining the cooperation of the residents of neighboring communities, teachers, and other staff of his/her school, as well as officials of child welfare institutions and other persons as necessary.  The director also may take temporary custody of the child or provide other assistance.[43]  If necessary, the director may request the assistance of the police.[44]

When a prefectural governor becomes aware of suspected child abuse, the governor may request that the custodian of the child make an appearance along with the child, and cause a commissioned child welfare volunteer or an official engaged in child welfare to conduct the necessary investigations or questioning.[45]  In such cases, the governor must give written notice to the custodian with the particulars of the facts that constitute grounds for requesting the appearance.[46]  Alternatively, a governor may cause a commissioned child welfare volunteer or a child welfare official to enter the residence of the child and conduct necessary investigations or questioning.[47]  If necessary, the governor may request the assistance of the police.[48]  A governor may also dispatch a volunteer or an official when the custodian fails to follow the request for appearance.[49]

If the custodian fails to appear or avoids or refuses to cooperate with the investigation without justifiable reasons, the governor may again ask the custodian to make an appearance with the child,[50] or a child welfare official to inspect the residence of the child, or search for the child to ensure his/her safety upon permission of a judge.[51] 

When a prefectural governor cancels residential care for an abused child implemented under the Child Welfare Act, including temporary care, the governor must examine various factors, such as the opinions of the child welfare officer or other person in charge of giving guidance to the custodian of the child, the effect of guidance given to the custodian, and the effect of precautionary measures against future abuse of the child, among other things.[52]  The prefecture government coordinates with the municipal government and child welfare facilities, continuously visiting the family of the abused child to confirm the child’s safety, and provides necessary support, such as guidance.[53]

Municipal governments and certain child care facilities must pay special attention when abused children use or apply for enrollment in child care facilities.  The national and local governments must take measures to ensure that abused children receive a proper education, and must also take measures to secure a place to live for abused children and support their higher education and employment.[54] 

When the mayor of a municipality, director of a welfare office, or director of a child guidance center so requests, local government organs, hospitals and clinics, child welfare facilities and schools, medical doctors, dentists, nurses, staff of child welfare facilities and schools, school teachers, and other persons who are involved in child welfare, health, or education may provide materials or information on the mental or physical condition and surroundings of an abused child or the child’s custodian and other materials or information related to the child abuse, as those materials and information are necessary for the prevention of child abuse.  However, where the provision of the materials or information is likely to violate the rights and interests of the child, his/her custodian, or other persons in an unreasonable manner, they do not have to be provided.[55]

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IV. Measures Taken by the Government

The Child Abuse Prevention Act obligates the government to establish systems to collaborate with the relevant ministries and government agencies as well as other relevant organs and private bodies, provide support to the relevant private bodies, and improve medical and related care.[56] In addition, the national government and local governments must endeavor to conduct necessary public relations and other awareness-building activities regarding the human rights of children, the effect of child abuse on children, and the obligation to report child abuse.[57]  The discussion below provides examples of such activities by the indicated government agencies.

A. Ministry of Health, Labour and Welfare

The Ministry of Health, Labour and Welfare (MHLW) coordinates relevant ministries’ and government agencies’ measures against child abuse.[58]  The MHLW manages the Coordination Conference of Relevant Ministries and Agencies Concerning Measures Against Child Abuse, which issued the Plan of Comprehensive Enhancement of Systems of Child Abuse Countermeasures on December 18, 2018.[59]  Under the Plan, the number of child welfare workers and supervisors of child welfare workers at child guidance centers is increased. The number of child psychotherapists and health nurses is also increased.  Expansions of and improvements to the quality of temporary shelters are also planned.[60] The MHLW also coordinates local governments, specifically by surveying municipal governments’ responses to child abuse cases and hosting conferences among the child guidance centers.[61]

The MHLW established national child consultation call centers.  In order to make the number easily remembered, it changed the phone number from a ten-digit one to three-digit one (189) in July 2015.[62]  The MHLW has also published a leaflet that calls for parents not to use corporal punishment.[63]

The MHLW also supports pregnant women and child-rearing, so that pregnant women and parents will not be isolated and overly stressed.[64]  Most notably, the MHLW manages the “hello baby” program under which municipal governments dispatch workers to every household that has a baby by the time the baby is four months of age.[65]

To increase public awareness, the MHLW conducts promotional activities—for example, it promotes the Child Abuse Prevention Special Promotion Month every November.  The MHLW also posts video programs on the government public relations website.[66]  

The MHLW also conducts research and studies concerning child abuse.  An expert committee of the MHLW examines child abuse cases in which children died and suggests measures to improve actions by relevant parties.[67] 

B. Ministry of Justice

The Ministry of Justice (MOJ) has established hotlines, including one that has the slogan “Children’s Rights Dial 110.”  Volunteers for children’s rights protection and officers of the regional Legal Affairs Bureaus answer the calls.  The MOJ also distributes forms and envelopes to students in elementary and middle school, which encourage them to inform the volunteers and officers of their concerns.  These envelopes can be sent to the Legal Affairs Bureaus for free.  In addition, the MOJ accepts “SOS-email” from children on its website.[68]

C. Ministry of Education

The Ministry of Education, Culture, Sports, Science and Technology (MEXT) asks teachers to pay attentions to signs of child abuse and detect it early.  The Ministry also requests that schools create a plan of response to child abuse when child abuse against one of their students is found and to collaborate with welfare and health organizations and the police on a regular basis.[69]

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V. Bill to Amend the Child Welfare Act and the Child Abuse Prevention Act

After two harrowing cases of deaths resulting from child abuse by parents attracted broad attention in Japan in 2018 and 2019, the Cabinet submitted a bill in March 2019 to amend the Child Welfare Act and the Child Abuse Prevention Act in order to strengthen measures to prevent child abuse.[70]  The bill proposes a prohibition on corporal punishment by parents and placing professionals, such as psychiatric social workers in child counseling center, among other things.[71]

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VI. Data Collecting System

The MHLW has gathered statistics on the number of suspected child abuse cases reported to child guidance centers,[72] based on the Statistics Act,[73] since 1990.[74]  In order to learn lessons and utilize them for the prevention of children's deaths in the future,[75] the Social Security Council of the MHLW established an expert committee to examine child abuse cases since 2004 that resulted in children’s deaths.[76] After deaths of children whose whereabouts were not properly on the resident records and who were abused attracted public attention,[77] the MHLW in 2014 started to survey the measures that municipal governments take to locate children whose whereabouts were not known.  These children were identified by their failure to use health and welfare services or attend school. [78] 

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VII.  Child Prostitution and Pornography Prohibition Act 

The Act on Regulation and Punishment of Acts Relating to Child Prostitution and Child Pornography, and the Protection of Children protects children from sexual abuse. The Law imposes long terms of imprisonment and hefty fines on those who are found guilty of committing, soliciting, or involving a child in prostitution as well as those who possess, produce, provide, transport, or display child pornography or commit other related acts.  Trafficking in children for the purpose of child prostitution or producing child pornography is also outlawed and is punishable by imprisonment for a period of up to ten years.  Attempts to commit these crimes are also prosecuted.[79] 

For the consideration of victims’ mental health, the Act obligates those who participate in investigations or trials of child prostitution and pornography cases to “pay due consideration to the human rights and peculiarities of children and take care not to harm the reputation or dignity of the children in performance of their duties.”[80]  In addition, the Act obligates the MHLW, Ministry of Justice, prefectural police, child guidance centers, welfare offices, and other related offices

to cooperate with one another and take proper measures to provide sufficient protection, such as consultation, guidance, temporary guardianship and admission into an institution, with regard to a child who has suffered physical or mental damage as a result of having been a party to child prostitution or having been depicted in child pornography.[81]

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Prepared by Sayuri Umeda
Foreign Law Specialist
May 2019

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Last Updated: 12/30/2020