Basic Act on Children (Japan, 2022)

Basic Act on Children (Act No.44 of 2022)

Adopted by the Diet on 15 June 2022 and promulgated on 22 June 2022.
(Unofficial translation by HIRANO Yuji; translation may be subject to change.
See here for the original text in Japanese)

Chapter I: General Provisions

Article 1 (Purpose)

In accordance with the spirit of the Constitution of Japan and the Convention on the Rights of the Child, the present Act aims at promoting child-related measures in a comprehensive manner, including by laying out the fundamental principles of child-related measures, clarifying the responsibilities of the State and other Actors in this regard, providing for the matters that are to be the foundations of child-related measures and establishing the Council for the Promotion of Child Policies, so that the society can work on child-related measures as a whole with a view to realizing a society where all children, who will shoulder the society of the next generation, are able to lay the foundation for the lifelong development of their personality, to grow up healthy and soundly on an equal basis as independent individuals, to have their rights upheld, irrespective of their physical and mental conditions, their circumstances and other factors, and to lead a happy life now and in the future.

Article 2 (Definitions)

(1)  In the present Act, the term “child” refers to a person in the process of physical and mental development.
(2)  In the present Act, the term “child-related measures” refers to the following measures and other measures concerning children as well as measures which should be taken integrally with them.
　(i) Support for healthy development of children, provided seamlessly throughout the process of physical and mental development from the neonatal period, early childhood, later childhood and adolescence through to adulthood;
　(ii) Support provided in a manner tailored to each stage of employment, marriage, pregnancy, childbirth, child-rearing, etc., with a view to contributing to the realization of a society where people can have a real sense of pleasure accompanying the upbringing of children; and,
　(iii) Development of a child-rearing environment at home and other places.

Article 3 (Fundamental principles)

Child-related measures shall be implemented in accordance with the following fundamental principles:
　(i) All children shall be respected as individuals, have their fundamental human rights guaranteed and be free from discriminatory treatment;
　(ii) All children shall have their rights be guaranteed on an equal basis, including the rights to be appropriately nurtured, to have their means of their subsistence guaranteed, to be loved and protected and to have their healthy and sound growth and development as well as their independence pursued as well as other rights affecting their well-being, and shall be given equal opportunities to receive education in accordance with the spirit of the Fundamental Act on Education (Act No. 120 of 22 December 2006);
　(iii) All children shall have opportunities secured to express their views on all matters directly concerning themselves and to be involved in diverse social activities, in accordance with their age and level of development;
　(iv) All children shall have their views respected in accordance with their age and level of development and have their best interests considered in a preferential manner;
　(v) On the recognition that children shall be cared for primarily in the family and that parents or other custodians have the primary responsibility for the upbringing of their children, adequate support shall be provided for them with regard to the upbringing of their children and, in cases of children who have difficulties in being cared for in the family, the nurturing environment which is as similar as possible to the family shall be secured for them, so that children are brought up healthy and soundly both in physical and mental terms; and,
　(vi) Arrangements shall be made to create social conditions enabling people to have dreams for the family and the upbringing of children and to have a real sense of pleasure accompanying the upbringing of children.

Article 4 (Responsibilities of the State)

The State is responsible for developing and implementing child-related measures in a comprehensive manner, in accordance with the fundamental principles referred to in the preceding Article (hereafter referred to as the "fundamental principles").

Article 5 (Responsibilities of local governments)

Local governments are responsible for developing and implementing initiatives concerning child-related measures tailored to the circumstances of the children in their districts, in accordance with the fundamental principles and in collaboration with the State and other local governments.

Article 6 (Efforts by employers)

Employers shall endeavor, in accordance with the fundamental principles, to develop a working environment necessary for the enrichment of the working and family lives of their employees.

Article 7 (Efforts by the public)

The public shall endeavor, in accordance with the fundamental principles, to deepen their interest in and understanding of child-related measures and to cooperate with child-related measures taken by the State or local governments.

Article 8 (Annual reports)

(1)  The Government shall annually submit to the Diet and publish a report concerning the situation of children in Japan as well as the implementation status of the child-related measures taken by the Government.
(2)  The report referred to in the preceding paragraph shall include information about the following matters:
　(i) The overview of the state of the declining birthrate and of the measures taken to address the declining birthrate, stipulated in Article 9 (1) of the Basic Act for Measures to Cope with Society with Declining Birthrate (Act No. 133 of 2003);
　(ii)  The state of children and young people in Japan and the implementation status of the measures taken by the Government to support the development of children and young people, stipulated in Article 6 (1) of the Act to Promote Support for the Development of Children and Young People (Act No.71 of 2009); and,
　(iii) The status of child poverty and the implementation status of the measures taken by the Government to address child poverty, stipulated in Article 7 (1) of the Act on the Promotion of Policy on Child Poverty (Act No. 64 of 2013).

Chapter II: Basic Measures

Article 9 (Policy Outline of Child-Related Measures)

(1)  The Government must formulate the Policy Outline of Child-Related Measures (hereafter referred to as the “Policy Outline on Children”), with a view to promoting child-related measures in a comprehensive manner.
(2)  The Policy Outline on Children shall provide for the following matters:
　(i) Guiding policies on child-related measures;
　(ii) Important matters with respect to child-related measures; and,
　(iii) Necessary matters for the promotion of child-related measures other than those referred to in the preceding two subparagraphs.
(3)  The Policy Outline on Children must include information on the following matters.
　(i) Comprehensive and long-term measures to address the declining birthrate, stipulated in Article 7 (1) of the Basic Act for Measures to Cope with Society with Declining Birthrate;
　(ii) Matters referred to in each subparagraph of Article 8 (2) of the Act to Promote Support for the Development of Children and Young People; and,
　(iii) Matters referred to in each subparagraph of Article 8 (2) of the Act on the Promotion of Policy on Child Poverty.
(4)  For child-related measures described in the Policy Outline on Children, specific targets and time limits for the achievement of the targets are to be set in principle.
(5)  The Prime Minister must seek a cabinet decision for a draft Policy Outline on Children.
(6)  When the Cabinet decision under the preceding paragraph is made, the Prime Minister must publish the Policy Outline on Children without delay.
(7)  The provisions of the preceding two paragraphs apply mutatis mutandis to modifications of the Policy Outline on Children.

Article 10 (Prefectural and municipal plans for children)

(1)  Prefectures shall endeavor to develop their own plans on child-related measures (referred to as "prefectural plans for children" in the present article), taking into account the Policy Outline on Children.
(2)  Municipalities shall endeavor to develop their own plans on child-related measures (referred to as "municipal plans for children" in the present article), taking into account the Policy Outline on Children (or, when prefectural plans for children have been developed by the prefectures where they are located, both the Policy Outline on Children and the concerned prefectural plan for children).
(3)  When prefectures or municipalities have developed or modified their own prefectural or municipal plans for children, they must publish the plans without delay.
(4)  Prefectural plans for children may be integrated with prefectural plans for children and young people, stipulated in Article 9 (1) of the Act to Promote Support for the Development of Children and Young People; prefectural plans stipulated in Article 9 (1) of the Act on the Promotion of Policy on Child Poverty; and other plans which are developed by prefectures in accordance with the provisions of laws and regulations and which provide for matters concerning child-related measures.
(5)  Municipal plans for children may be integrated with municipal plans for children and young people, stipulated in Article 9 (2) of the Act to Promote Support for the Development of Children and Young People; prefectural plans stipulated in Article 9 (2) of the Act on the Promotion of Policy on Child Poverty; and other plans which are developed by municipalities in accordance with the provisions of laws and regulations and which provide for matters concerning child-related measures.

Article 11 (Measures to reflect the opinions of children and other actors in child-related measures)

In the development, implementation and evaluation of child-related measures, the State and local governments shall take necessary measures to reflect the opinions of the children or their caregivers for whom the child-related measures concerned are taken and of other stakeholders.

Article 12 (Institutional arrangements for comprehensive and integral provision of support concerning child-related measures)

The State shall take necessary measures to ensure that support concerning child-related measures is seamlessly provided, regardless of why such support is necessary, which organization provides the support, how old the beneficiaries are, where they live and other factors, including making institutional arrangements for comprehensive and integral provision of such support.

Article 13 (Ensuring coordinated collaboration among the relevant actors)

(1)    With a view to ensuring appropriate and smooth implementation of child-related measures, the State must endeavor to ensure coordinated collaboration among relevant bodies involved in services in the fields of medical care, health care, welfare, education, medical treatment and education for children with special needs, etc.
(2)    With a view to ensuring appropriate and smooth implementation of child-related measures, prefectures and municipalities must endeavor to ensure coordinated collaboration between and among relevant bodies involved in the services referred to in the preceding paragraph and private organizations working in the community to provide support concerning children.
(3)    With a view to helping to ensure coordinated collaboration referred to in the preceding paragraph, prefectures or municipalities may establish councils for consultation, liaison and coordination with regard to the administration of affairs concerning child-related measures.
(4)    The councils referred to in the preceding paragraph shall be composed of the relevant bodies and private organizations referred to in paragraph (2) as well as others deemed necessary by the prefectures or municipalities concerned.

Article 14 [Information sharing for coordinated collaboration]

(1)    With a view to helping to ensure coordinated collaboration referred to in paragraph (1) of the preceding Article, the State shall take necessary measures to facilitate sharing of information conducive to the provision of support concerning children by the relevant bodies referred to in the said paragraph, including through the utilization of information and communication technology, while ensuring proper handling of personal information.
(2)    With a view to helping to ensure coordinated collaboration referred to in paragraph (2) of the preceding Article, prefectures and municipalities shall endeavor to take necessary measures to facilitate sharing of information conducive to the provision of support concerning children by the relevant bodies and private organizations referred to in the said paragraph, including through the utilization of information and communication technology, while ensuring proper handling of personal information.

Article 15 (Dissemination of the object and content of the present Act and the Convention on the Rights of the Child)

The State shall endeavor to make the object and content of the present Act and the Convention on the Rights of the Child known among the public, including through public information activities, for the purpose of gaining their understanding.

Article 16 (Further development of child-related measures, financial measures, etc.)

Pursuant to the provisions of the Policy Outline on Children, the Government must develop child-related measures further, including through the expansion of such measures, and endeavor to take financial and other measures necessary for their implementation.

Chapter III: Council on the Promotion of Child Policies

Article 17 (Establishment of the Council and the affairs under its jurisdiction)

(1)    The Council on the Promotion of Child Policies (hereafter referred to as “the Council) shall be established as a special institution within the Agency for Children and Families.
(2)    The Council shall be responsible for the following affairs:
　(i) Preparation of the draft Policy Outline on Children;
　(ii) Deliberation on important matters concerning child-related measures other than what is set forth in the preceding subparagraph and the promotion of the implementation of child-related measures;
　(iii) Necessary coordination among the relevant administrative organs with regard to child-related measures; and,
　(iv) Affairs, other than those set forth in the preceding three subparagraphs, which are delegated to the Council pursuant to the provisions of other laws and regulations.
(3)    In preparing the draft Policy Outline on Children pursuant to the preceding paragraph, the Council shall take necessary measures to reflect the opinions of children and their caregivers, persons with relevant expertise, private organizations working in the community to provide support concerning children and other stakeholders.

Article 18 (Organization of the Council)

(1)    The Council shall be composed of a chairperson and other members.
(2)    The Prime Minister shall act as the chairperson of the Council.
(3)    Other members of the Council shall be served by the following persons:
　(i) Minister of State for Special Missions, provided for in Article 9 (1) of the Act for Establishment of the Cabinet Office (Act No. 89 of 1999), who administers the affairs set forth in Article 11-3 of the said Act as ordered pursuant to Article 9 (1) of the said Act; and,
　(ii) The Ministers of State, other than the chairperson and the Minister referred to in the preceding subparagraph, who are appointed by the Prime Minister.

Article 19 (Request for the submission of materials, etc.)

(1)    When the Council finds it necessary to perform its functions under its jurisdiction, it may request the heads of the relevant administrative organs to provide necessary cooperation, such as the submission of materials, expression of opinions and provision of explanation.
(2)    When the Council finds it particularly necessary to perform its functions under its jurisdiction, it may also ask for necessary cooperation to those other than the ones referred to in the preceding paragraph.

Article 20 (Delegation to Cabinet orders)

The matters necessary for the organization and operation of the Council, other than those set forth in the preceding three articles, shall be specified by Cabinet orders.

Supplementary Provisions

Article 1 (Date of enforcement)

The present Act comes into effect on the 1st of April, 2023,

Article 2 (Review)

After approximately five years from the enforcement of the present Act, and taking into account the enforcement status of the present Act and the implementation status of child-related measures, the State shall consider necessary ways and means to further promote the implementation of child-related measures in accordance with the fundamental principles, such as the development of mechanisms to grasp the actual status of child-related measures and to conduct impartial and appropriate evaluation of them, including from the perspective of whether they have been implemented in accordance with the fundamental principles, and, on the basis of the outcome of the consideration, take legislative and other measures which have been found to be necessary.

[PDF version] (on charge)