United Nation Convention on the Rights of a Child
US divorce lawyers blog about my cycling trip
I was doing some research and found 2 US divorce lawyers had written about my trip from Kumamoto to Tokyo. Essentially it is their perspective of what I was trying to accomplish. I included the links if you would like to read their stories.
Read Full Post | Make a Comment ( 1 so far )American cycles across Japan to raise awareness on child rights
Kevinbrown photo
TOKYO, Oct. 15 — (Kyodo) _ (EDS: ONE PHOTO AVAILABLE)
An American who has been separated from his 6-year-old son due to his divorce from his Japanese wife completed a month-long 1,500-kilometer bike ride from Kyushu to Tokyo this week to raise awareness on the issue of child custody. Along the way, he stopped at local government offices to lobby for children’s rights to have access to both parents.
Kevin Brown, a 45-year-old English teacher and the founding director of civic group “Children First” in central Japan’s Aichi Prefecture, said that during his visits to more than 10 prefectural and municipal government offices he explained that children’s steady access to both parents should be guaranteed in line with the U.N. Convention on the Rights of the Child.
Brown, a native of Illinois, was parted from his son four years ago when his wife moved from Nagoya to southwestern Japan’s Kumamoto Prefecture. Every six weeks he travels by overnight bus to the prefecture in the Kyushu region to see the boy for five hours — the maximum amount of time agreed upon during the divorce settlement.
“When I started research, I was really disappointed in what I found — the sole custody system. Usually, the winner is the person who abducts the kids first,” Brown said in an interview with Kyodo News. “I want a kind of unlimited access to my son. Once every six weeks is not enough.”
The father said he learned of the Japanese child-custody system in the middle of the divorce proceedings, which were finalized in September. “I would like the kind of American system where, you know, every other weekend, overnight visits, birthdays, holidays you get to see the kids,” he said.
The English teacher said that since his son was only 2 when they were parted, the boy only speaks Japanese and has difficulty communicating with his father, who does not speak much Japanese.
Family courts in Japan tend to give mothers sole custody after divorce and it is not unusual for children to stop seeing their fathers after their parents break up. Brown pointed out that the average visitation awarded by the courts to parents without custody is four hours a month.
Brown said he underlined during his meetings with local government officials that Japan, which ratified the U.N. convention in 1994, has not implemented policies to secure children’s access to both parents and that the country is the only Group of Seven member to adopt the sole custody system upon divorce.
Article 9 of the U.N. pact says state parties “shall respect the right of the child who is separated from one or both parents to maintain personal relations and direct contact with both parents on a regular basis, except if it is contrary to the child’s best interests.”
The other G-7 countries are Britain, Canada, France, Germany, Italy and the United States.
The campaigner said some local government officials in charge of child welfare were not well aware of the issue related to visitations as they focused on protecting children from abuse and were “not too familiar with good parents not being able to see their kids.”
Although some workers told Brown that what local governments can do is limited as the matter should be handled by the central government, he said the awareness-raising tour was meaningful as “the first step in making change.”
Japan recently launched preparations for joining the 1980 Hague Convention on the Civil Aspects of International Child Abduction, which establishes procedures for settling international child custody disputes.
However, Brown’s case will not be covered by the pact because it is not retroactive, only applying to cases that occur after its entry into force in Japan, and also because it deals with cross-border parental child abductions.
In late September, U.S. President Barack Obama welcomed Tokyo’s decision to enter into the Hague Convention but asked Japanese Prime Minister Yoshihiko Noda during their summit talks in New York that the Japanese government also “focus on the preexisting cases,” according to the U.S. State Department.
Noda said he was aware of the 123 active cases involving children who have been abducted from the United States to Japan, and vowed to “take special care to focus on these particular issues,” the state department said.
(c) 2011 Kyodo News International, Inc.
Read Full Post | Make a Comment ( 4 so far )Japan and the rights of children: Kevin Brown from Children First
Kevin Brown – Special Contribution
Modern Tokyo Times
My name is Kevin Brown and I am the co-founder of Children First (http://www.childrenfirst.jp), an NPO that advocates for children in Japan. Children Firsts mission “is to ensure children’s welfare and rights are the top priority for parents, policymakers and the public-at-large.” Therefore, the role of Children First applies to many factors related to the rights of children in Japan and how to relate this knowledge to appropriate bodies in order to tackle and focus on areas which need changing in order to protect children.
Children First also understands the need to raise awareness and to connect with organizations, government bodies and the general public. Therefore, our next campaign is to interact with the general public and local government offices. In order to do this I am going to ride my bike from Kumamoto to Tokyo and throughout my journey I will be raising the issue of the rights of children.
My ride will begin on September 13th and end on October 17th. Therefore, I will visit many prefectural offices during my journey and give a short presentation about the rights of children. In the past I have already visited 8 prefectural offices and given presentations about serious issues related to children. This proved beneficial and often they were unaware about serious issues related to the rights of children. Therefore, it was a great chance to interact with people of importance and to develop ties between Children First and local government bodies.
During the meetings we talked about a DVD made by the Supreme Court of Japan in 2006. The message in the DVD is quite simple. To be happy, children need both parents after divorce when both parents care about bringing up their child or children in the right way. The Supreme Court made the video but the Family Courts don’t show the video because of factors only known to them but is doesn’t make sense to ignore the Supreme Court. More surprisingly the Family Courts hide the existence of the video, therefore, the majority of parents don’t know about the importance of this video and the ones that do, are often not allowed to see it.
Another important piece of information I give to prefectural offices relates to the United Nations Convention on the Right of a Child (UNCRC). This Convention was signed and ratified by Japan and it states that children have the right to maintain contact with both parents. If the parent and child are separated for some reason then the state (Japan) must help re-establish contact with the non-custodial parent. The Family Courts also ignore this Convention, which is equivalent to a law which was ratified by the Japanese government.
Alongside this important information I also give prefectural offices a book written by Colin Jones, a law professor in Kyoto, related to the Family Court system. This book is about the Family Court system in Japan and it highlights the inadequacies of this institution. For citizens who support the rights of the child/children and both parents, then they would agree that the rulings handed down by judges are detrimental to the well-being of children in Japan. The Family Courts are not acting in the best interests of children because they are not considering all the facts and the wishes of each individual involved in each case. Family Courts need to revise their outdated laws and implement laws which are clear and which focus on human rights. This applies to the well-being of children and all involved parties in each respective case.
Children First also talks about Parental Alienation (PA) which is common in hostile divorces and this issue is very serious in Japan because of the inadequate legal system. This is when one parent says something bad to the child/children about the other parent in order break the bond that the other parent had and. It is clear that this manipulation is very damaging to all children who face this serious issue. According to child psychology experts there are different degrees of PA ranging from mild to severe. The main point being, PA is bad for children irrespective of the degree. Recently Brazil passed a law making PA a crime and it would be great if more countries did the same thing because this is a huge step in the right direction.
Another important area that Children First gives to prefectural offices is a “Did you know” hand out about statistics in Japan. “DID YOU KNOW: Every 3 minutes a child loses contact with one parent because of divorce…Every 7 minutes a child is a victim of school bullying…Every 12 minutes a case of child abuse is reported to protective services…Every week at least one child dies as the result of abuse.”
This is a great way to raise awareness quickly and not only is it interactive and easily understood but it is also designed to shake up a system which needs to make major changes, in order to protect children from abuse.
Every year around 160,000 children lose contact with one parent in Japan. However, to make matters worse Japan is not a good place for children who get caught up in divorce when one parent decides to control and alienate the child/children from the left behind parent. Government officials, bureaucrats, educators, and parents need to do more to make Japan a better place for all children and this is where Children First wants to help.
You can help Children First (Kevin Brown) raise awareness by following me on Facebook during my journey. Therefore, people can communicate with me through Facebook, share links with your friends and spread the word because together we can make a difference.
Children First cares for all children irrespective of race and gender because our goal is to bring more “light” to children who have been neglected and had their rights violated.
Please follow on http://www.facebook.com/oyako (Joint Custody in Japan) and Children First at https://www.facebook.com/pages/Children-First-Japan/115396388532379. Also, please visit Children First website at http://www.childrenfirst.jp/ for more information and how you can get involved and help in this important area.
Sincerely, Kevin Brown (Children First http://www.childrenfirst.jp/)
Japan Times に掲載された記事「Japan’s ‘silent tsunami’ severs parental ties, wrecks children’s lives」のケビン・ブラウンさんによる文章の日本語訳です。
Japan Times 2011年8月30日（火）
永田町へのホットライン
次期首相へ
私は、子供の問題に焦点を当てたNPO「Children First」(childrenfirst.jp)の、共同設立者です。
3分毎に新たな子どもが親の離婚によって両親の片方から断絶されています。 7分 毎に新たな子どもが学校いじめの犠牲者になっています。 12分毎に児童虐待に関する新たなケースが保護施設に報告されています。 毎週、少なくとも1 人の子供がこうした児童虐待の結果として死んでいます。
「Children First」は、これらの問題と子供に影響のあることについての他の問題を克服するために活動しています。 しかし、私たちだけでは実現できません。日本が子供にとってより良い場所になるためには、国会議員や政策立案者の助けが必要です。
ほとんどの人々がいじめと虐待の存在に気付いています。これらの2つの問題はしば しば新聞に掲載されます。 しかし、私や多く の他の親達が更に憂慮すべきだと考える問題は、3分毎に子どもの離婚後の片方の親との連絡が絶えてしまうということです。
3月11日に1万6000人以上が死にました。その他に5,000が行方不明になっています。数百ないし何千人もの子供が当日、少なくとも片方の親を失いました。
3月11日以 来、それとは別に更に8万2000人以上の子供が両親の離婚のために片方の親からの連絡を失っています。
これは、日本中に癌のように広まっている静かな悲劇です。 それによって、子ども達は彼らの最大限の可能性を広げることができません。それは家 族と家族重視の価値観を滅ぼしています。それは子どもを、将来についての混乱の最中に放り出したままにし、そして普通の生活を送れる可能性を小さくします。 何組かの親子は想像を絶する深 い悲しみの中に取り残されます。これは多く の人々が知らない静かな津波です。 家裁と日本の法システムが、この悲劇が続くことを許しているのです。
2006年に最高裁判所は、「子どもを持つどんなカップルも、離れて暮らす場合について考えなければならない」というタイトルのDVDを作りました。驚いたことに、家裁はこのビデオを両親に見せません。かなり正反対であることに、彼らはこのDVDの存在を隠します。そして家裁裁判官は、子供が幸福になるためには両方の両親が必要であるとするDVDのメッセージに直接的に反対の判決を下します。家裁弁護士の中にはこのビデオが存在することに気づかない人も います。
今、平均的なケースでは、親はその子どもと共に月に4時間の交流が出来ます。これは子どもの人生に関わったり、その人生に変化を与えることがほとんどできないほど、少ない時間です。親の中には、子どもの保護監督権のない親と子どもとが一度は持っていた親子関係を破壊するために、「親の疎外」を行う人もいます。
国連児童憲章(UNCRC)によると、子どもは両方の両親との関係を持つ権利を与えられます。もし何らかの理由で親子が離れて暮らす場合には、州(state：日本)は離れて暮らす親子の交流を回復しなければなりません。もちろん、これは決して行われません。
そういうわけで、家裁は二度のミスを犯しています。最高裁判所DVDのアドバイスに従いませんし、彼らはUNCRCを無視 します。(UNCRCは法律相当です)。
私は、日本中の裁判官の判決を見直して、悪い判決をする裁判官を取り除く時期であると思います。私は、裁判官は時々ケース・ファイル（裁判資料？）を見てさえいなく、また裁判の準備ができていないと、弁護士に言われました。悪い裁判官はその椅子から退ける必要があります。
首相、私は、悪い裁判官を免職し、子どもには両方の両親との長くて有意義な関係があるのだという法案を可決するために、必要な措置を取るようお願いしています。加えて私は、子どもを虐待といじめから守るためにより役立つ法案を可決して、虐待といじめを報告するためのより良い政策を実施して欲しいと思います。教師と官僚は、虐待といじめを防止するキーです。効果をあげるために必要な手段を彼らに与えることを願っています。
現在、私は裁判を抱えていますが、その内容はすぐに変わるべきです。9月13日に、裁判官は離婚と親権に関する判決を出すでしょう。前例の通りであるならば、私は100%負けるでしょう。私は、私の所轄裁判所のある熊本から東京の最高裁判所まで、自転車に乗って行くことを計画しています。私は家族法を変えることを要求するつもりです。私は道中、県庁に寄って知事達からの支持を集めるつもりです。私はそのために8週間の休暇を取りました。「Children First」の日本のフェイスブックページ(http://www.facebook.com/pages/Children-First-Japan/115396388532379)や、「共同親権」の日本のフェースブックページ(http://www.facebook.com/oyako)で、私の計画の経過を見守ることができます。そしてまた、私のブログ「Children First Japan」(http://kwbrow2.wordpress.com)で、私の旅行に関する詳しい情報が得られます。
ケビン・ブラウン
名古屋
Japan’s ‘silent tsunami’ severs parental ties, wrecks children’s lives
To the next Prime Minister,
 |
| Left behind: Parents who have lost contact with their children after divorce or separation from their Japanese spouses march through Tokyo with their supporters on Aug. 23. The demonstrators urged Japan to sign the Hague Convention on the Civil Aspects of International Child Abduction and amend its current child custody laws. Left Behind Parents Japan planned the march to coincide with U.S. Vice President Joe Biden’s visit to Tokyo. SIMON SCOTT PHOTO |
I am the cofounder of Children First (childrenfirst.jp), an NPO that focuses on children’s issues. Every three minutes another child loses all contact with one of their parents after divorce. Every seven minutes another child is a victim of school bullying. Every 12 minutes another case of child abuse is reported to protective services. Every week at least one child dies as the result of abuse.
Children First is working to overcome these issues and other problems affecting children. But we can’t do it alone. We need the help of Diet members and policymakers to change things so Japan is a better place for children.
Most people are aware of bullying and abuse. These two issues make the headlines often. But a problem I and many other parents find more alarming is that every three minutes a child loses contact with one parent due to divorce.
On March 11, more than 16,000 people died; about another 5,000 are still missing. Hundreds if not thousands of children lost at least one parent on that day. Since March 11, more than 82,000 children have lost contact with one parent due to divorce.
This is a silent tragedy that is spreading like a cancer throughout Japan. It is preventing children from reaching their full potential. It is destroying families and family values. It leaves children confused about the future and it reduces their chances of having a normal life. It leaves some parents and children to deal with unimaginable grief. It is a silent tsunami that many people don’t know about. The family courts and the Japanese legal system are allowing this tragedy to continue.
In 2006 the Supreme Court made a DVD titled “What Couples with Children Must Think About When They Live Apart.” Surprisingly, the family courts don’t show this video to parents. Quite the opposite: They hide the existence of this DVD and family court judges make rulings that go directly against the message contained in the DVD — that children need both parents to be happy. Some family court lawyers are unaware that this video exists.
Now, the average parent gets four hours of visitation per month with his/her child. This is hardly enough time to form a bond or make a difference in a child’s life. Some parents use parental alienation to destroy the relationship the child once had with the noncustodial parent.
According to the United Nations Convention on the Rights of the Child (UNCRC), children are entitled to have a relationship with both parents. If for some reason the parent and child are separated, the state (Japan) must re-establish contact with the left-behind parent. Of course, this never happens. So, the family court has failed twice. They don’t follow the advice of the Supreme Court DVD and they ignore the UNCRC, which is equivalent to a law.
I think it is time to review the rulings of judges throughout Japan and get rid of the ones who make bad rulings. I have been told by lawyers that judges sometimes don’t even look at the case files and are unprepared for what takes place in court. Bad judges need to be removed from the bench.
Mr. Prime Minister, I am asking you to take the necessary steps to remove bad judges as well as pass laws that guarantee children will have a long and meaningful relationship with both parents. Furthermore, I would also like you to pass laws that do a better job of protecting children from abuse and bullying, as well as implement better policies for reporting abuse and bullying. Teachers and bureaucrats are the key to eliminating abuse and bullying. I hope you give them the necessary tools to make a difference.
Currently, I have an active court case but that should soon change. On Sept. 13, the judge will make a ruling on my case regarding divorce and custody. If history is any indication, there is a 100-percent chance that I will lose. I plan to ride my bicycle from Kumamoto, where my court case is, to the Supreme Court in Tokyo. I will demand that family law be changed. I will stop at prefectural offices along the way and garner support from governors. I have taken eight weeks off of work for this cause. You can follow my progress on the Children First Japan Facebook Page (www.facebook.com/pages/Children-First-Japan/115396388532379) or the Joint Custody in Japan Facebook Page (www.facebook.com/oyako) and you can also find more information about my trip on my blog Children First Japan (kwbrow2.wordpress.com).
KEVIN BROWN
Nagoya
http://search.japantimes.co.jp/cgi-bin/fl20110830hn.html
Read Full Post | Make a Comment ( 3 so far )Cycling from Kumamoto to Tokyo to Raise Awareness about Child Rights
I have made some modifications to my cycling trip. I have decided to start in Kumamoto on the 13th of September. I picked this day because the judge will rule on my case on the 13th. I was expecting the ruling much earlier. As a result I thought it would be best to delay my start. It seems kind of symbolic to start in Kumamoto. I have a had to make numerous trips to Kumamoto for court. I can pick up my ruling on the 13th and then start cycling. It would be nice if I could get press or left behind parents to see me off on the 13th. If you don’t have plans feel free to meet me at the Kumamoto Family Court on the 13th of September.
I am still planning to handout flyers along the way. I am still planning on stopping at governors offices, court houses, and international schools. Due to my late start I may not have time to cycle all the way to Hokkaido. I will play it by ear. There are numerous left behind parents who can support me from Kumamoto to Tokyo but much less support exists between Tokyo and Hokkaido. I am working with other left behind parents now to pin down the exact days I will be in Saga, Fukuoka, Yamaguchi, Hiroshima, Okayama, Kobe, Osaka, Kyoto, Otsu, Gifu, Nagoya, Shizuoka, Yokohama, and Tokyo. I will be making updates on the Joint Custody in Japan Facebook page and the Children First Facebook page as well as my Facebook page. Please check one of these places every week or so.
Read Full Post | Make a Comment ( 3 so far )U.S. says it won’t tolerate loopholes in child abduction issue with Japan
Jul. 29, 2011 – 03:20PM
WASHINGTON —
The United States pressed Japan Thursday to let parents see children snatched by estranged partners, saying it would not tolerate loopholes as Tokyo moves to resolve the longtime source of tension.
Western nations have voiced concern for years over citizens’ struggles to see their half-Japanese children. When international marriages break up, Japanese courts virtually never grant custody to foreign parents, especially men.
Hoping to ease a rift with allies, Prime Minister Naoto Kan has voiced support for ratifying the 1980 Hague treaty that requires countries to return wrongfully held children to their countries of usual residence. Japan would be the last member of the Group of Seven industrial powers to sign it.
Testifying before a congressional committee, senior U.S. official Kurt Campbell said that the United States was “quietly” speaking to Japan about the domestic laws that will accompany the Hague treaty.
“We will not rest until we see the kinds of changes that are necessary and we will certainly not abide by loopholes or other steps that will, frankly, somehow negate or water down” the agreement, said Kurt Campbell, the assistant secretary of state for East Asia.
Japanese critics of The Hague treaty often charge that women and children need protection from abusive foreign men. Japanese lawmakers are considering making exceptions to the return of children if there are fears of abuse.
Campbell voiced confidence that The Hague treaty already included safeguards.
He also urged Japan to give parents greater access outside of the treaty. If Tokyo ratifies the convention, it would only apply in the future and not to the 123 ongoing cases in which U.S. parents are seeking children in Japan.
“We are prepared to use all necessary political and legal means necessary to facilitate contact and access for parents and abducted children,” Campbell said.
But under questioning from lawmakers, Campbell indicated that the United States was not pushing for a separate agreement on existing abduction cases, saying that for Japan “it’s a complete non-starter.”
Representative Chris Smith, who has championed the abduction issue, pressed for an agreement on current cases. He feared that Japan’s entry into The Hague Convention would “result in lost momentum” as no children would immediately return.
“Delay is denial, and it does exacerbate the abuse of a child and the agony of the left-behind parents,” said Smith, a Republican from New Jersey.
United Nations Convention on the Rights of the Child
The United Nations Convention on the Rights of the Child
- Signed by Japan on September 21st, 1990
- Ratified by the Diet on April 22nd, 1994
According to the UNCRC
1) Children shall not be separated from one parent against their will.
2) Children shall have the right to maintain contact with both parents.
3) When separation occurs that state will provide the left behind parent with information about their child.
4) Children have the right to preserve their nationality.
5) If deprived of their nationality (taken to another country) the state must help to quickly re-establish their nationality.
Read Full Post | Make a Comment ( None so far )Japan allows international child abduction
Lee Jay Walker a Tokyo correspondent for the Seoul Times. He wrote an article about international child abduction as it relates to Japan. He mentions how the police are no help and that there is no enforcement within the legal system. He mentions the Children’s Right Council of Japan and how they have been fighting the issue of international child abduction for almost 20 years without success. Lee also states that Japan is the only G-7 nation that has not signed the Hague Convention. But Japan has signed and ratified the United Nation Convention of the right of the Child but they don’t honor that treaty. Click on the link below to read the whole story.
Seoul Times article on Japan and child abduction
Read Full Post | Make a Comment ( None so far )
