论《儿童权利公约》在日本的实施

发布时间：2018-04-01 03:28

本文选题：《儿童权利公约》　切入点：儿童权利保护　出处：《湘潭大学》2011年硕士论文

【摘要】：《儿童权利公约》确立了儿童享有生存权、受保护权、发展权和参与权四项最基本的权利,以及儿童的最大利益、尊重儿童、无歧视和多重责任四项核心原则。各缔约国多以转化式、纳入式和混合式三种方式保障儿童公约在各国内的适用。为有效地实施《儿童权利公约》,推动和促进儿童权利保护,保证儿童的各项权利得以真正实现,联合国儿童权利委员会、联合国儿童基金会、非政府组织等发挥了积极的作用,各缔约国为确保公约规定的各项义务也采取了一系列措施,包括程序性方面的提交人权报告、接受相关人权委员会的监督等措施,以及实体性方面的在国内采取立法、司法、行政法等措施。 1994年4月22日,日本批准通过公约后,采取了一系列的措施来宣传和实施《儿童权利公约》,并形成了实施公约的国家机制和地方机制。国家层面上既规定设立儿童人权委员、开展宣传报道和普及活动、提交报告书和接受建议等措施,也明确了地方自治体实施公约的具体措施,这些措施包括开展宣传及普及活动、鼓励儿童参与行政活动以及制定儿童青少年权利的地方性条例。地方层面以川崎市最为突出,作为日本首个制定儿童权利条约的地方自治体,按照《公约》要求为保障儿童生存和发展权利、游戏娱乐权利、参与社会活动权利以及自主权利采取了一系列措施。为保障儿童的生存和发展的权利,川崎市建立起儿童梦想乐园,还特别为逃学儿童、青少年设立了生活成长的空间。为保障儿童游戏娱乐的权利,建立了游乐园并配备有儿童指导员。为保障儿童青少年参与社会活动的权利,设立有“川崎市儿童青少年议会”,公开招募儿童青少年参加讨论与自身有关的事项,并将意见反映给相关部门。川崎市还努力为儿童青少年创造宽松和谐的环境,保障他们自由地表达自己的意愿、按照自身意愿行事。日本实施《儿童权利公约》的立法与有关具体措施,体现了日本对儿童权利保护的重视和对儿童的关爱,整个实施机制具有全面性、可操作性和民主性,值得中国借鉴。
[Abstract]:The Convention on the Rights of the Child establishes the four most fundamental rights of the child, namely, the right to survival, the right to protection, the right to development and the right to participation, as well as the best interests of the child and respect for the child, The four core principles of non-discrimination and multiple responsibilities. States parties guarantee the application of the Convention on the Rights of the Child in their respective countries in three ways: transformative, inclusive and hybrid... in order to effectively implement the Convention on the Rights of the Child and promote and promote the protection of the rights of the child, Ensuring that the rights of the child are truly realized, that the United Nations Committee on the Rights of the Child, the United Nations Children's Fund, non-governmental organizations, etc., have played an active role, and that States parties have taken a number of measures to ensure their obligations under the Convention, Such measures include the submission of human rights reports in procedural aspects, the acceptance of monitoring by relevant human rights committees, and substantive measures to adopt domestic legislation, justice, administrative law, and so on. After ratification and adoption of the Convention on 22 April 1994, Japan adopted a series of measures to promote and implement the Convention on the Rights of the Child and formed national and local mechanisms for its implementation. At the national level, measures such as the establishment of a children's human rights commission, advocacy and outreach activities, the submission of reports and the acceptance of recommendations, as well as the identification of specific measures for the implementation of the Convention by local self-government bodies, are provided for. These measures include advocacy and outreach activities, encouraging children to participate in administrative activities and the development of local regulations on the rights of children and adolescents. The city of Kawasaki stands out at the local level as Japan's first local autonomy to establish a treaty on the rights of the child, as required by the Convention to guarantee children's right to survival and development, and the right to play and play. The right to participate in social activities and the right to autonomy have taken a series of measures. In order to guarantee the right of the child to survival and development, the city of Kawasaki has set up a children's dream park and, in particular, children who have missed school. To guarantee the right of children to play and play, to establish amusement parks with child instructors, and to guarantee the right of children and adolescents to participate in social activities, The Kawasaki Municipal Council for Children and adolescents was set up to openly recruit children and adolescents to discuss matters related to them and to reflect their views to relevant departments. Kawasaki also worked to create a relaxed and harmonious environment for children and adolescents. Ensure that they freely express their wishes and act in accordance with their own wishes. Japan's legislation on the implementation of the Convention on the Rights of the Child and its specific measures reflect the importance that Japan attaches to the protection of children's rights and its care for children. The whole implementation mechanism is comprehensive, operational and democratic, and is worthy of China's reference.
【学位授予单位】：湘潭大学
【学位级别】：硕士
【学位授予年份】：2011
【分类号】：D998.2;D931.3;DD912.1

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