2013 Enactment of the “Act on the Promotion of Policy on Child Poverty” and the “Act for the Promotion of Measures to Prevent Bullying”
In 2013, the “Act on the Promotion of Policy on Child Poverty,” a law to promote comprehensive policies related to child poverty so that the future of children will not be affected by the environment in which they are born, was enacted through bipartisan legislative efforts. At the time, child poverty was recognized as a social issue, and the child poverty rate had worsened compared to the 1980s. Even among OECD member countries, the child poverty rate was high. The Act stipulates that “the environment for the healthy upbringing of children living in poverty should be improved so that their future will not be influenced by the environment in which they were born and raised,” and calls on the government to “formulate a general policy framework for employment, livelihood, education, etc.,” so that the so-called “cycle of poverty from parents to children” does not occur. In 2019, the revised act clarifies that the government will provide support not only for children's “future” but also for their “present” and that the act is aimed at ensuring equal educational opportunities for children.
In the same year, the “Act for the Promotion of Measures to Prevent Bullying” was enacted through bipartisan legislation by Diet members, as was the Act on the Promotion of Measures to Cope with Child Poverty. The act was enacted in the wake of the 2011 suicide of a junior high school student in Shiga Prefecture, and stipulates the promotion of anti-bullying measures, basic principles for such measures, and the responsibilities of the national and local governments. The act defines “bullying” and stipulates the prohibition of bullying, the responsibilities of the national and local governments and basic measures to prevent bullying, and the response of schools and their establishments (municipalities, school corporations, etc.) in the event of a “serious situation,” as defined below.
The term “bullying” as used in this Act means physical or psychological acts committed by one child, etc. towards another child who attends the same school or with whom they share a personal relationship (including acts committed online), which cause that child physical pain or psychological suffering.
2 The term “school” as used in this Act means elementary schools, junior high schools, compulsory education schools, senior high schools, schools for secondary education and special needs schools (excluding kindergartens) prescribed in Article 1 of the School Education Act (Act No. 26 of 1947).
3 The term “child, etc.” as used in this Act means a child or student enrolled in a school. The term “guardian” as used in this Act means a person who exercises parental authority (or a guardian of a minor, if there is no person who exercises parental authority).
4 The term “guardian” as used in this Act means a person who exercises parental authority (when there is no one who exercises parental authority, a guardian of a minor).
In the following cases, schools or the operators of those schools are to promptly develop an organization and conduct investigations through questionnaires or by other appropriate means to clarify facts concerning the relevant situations (hereinafter referred to as "serious situations") with the aim of responding and helping with the prevention of any similar situations:
1 if it is found that bullying may have caused serious damage to the life, physical or mental state, or property of a child, etc. enrolled in the school; or
2 if it is found that a child, etc. enrolled in the school may have been forced to be absent from school for a considerable period of time due to bullying.
(Omitted)