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About Children's Rights 6. Life survival and development

Ariticle6Life survival and development

  1. States Parties recognize that every child has the inherent right to life.
  2. States Parties shall ensure to the maximum extent possible the survival and development of the child.

Article 6 guarantees the inherent right to life of the child. It also stipulates that States Parties shall ensure the survival and development of the child to the fullest extent possible. This article, with Articles 2, 3 and 12, is regarded as a general principle of the Convention. The “inherent right to life” refers to the right not to be deprived of life or to have one's survival prevented by anyone for any reason. This right is also found in the International Covenant on Human Rights, which provides for the inherent right to life of every person and the protection of that right by law, and this article reaffirms this with regard to children. However, this article stipulates that the State should ensure the survival and development of the child, which is not the case in the International Covenant on Human Rights. This indicates that the State must actively prevent conflict, violence, poverty, environmental problems, etc., rather than just ensuring that children's lives are protected.

子どもの持つ、生命への固有の権利について表した図

In Japan, the right to life is protected by Article 13 of the Constitution and other domestic laws. The right to the survival and development of children is also guaranteed by the Child Welfare Act and other laws. Therefore, it is considered that there is no need to take new measures such as the establishment of new laws. On the other hand, this does not mean that there are no specific issues.

The “Concluding observations on the combined fourth and fifth periodic reports of Japan” by the Committee on the Rights of the Child have made recommendations with regard to the rights set out in this article, including taking measures to ensure that the child's development is not harmed by the nature of competitive society, and with regard to child suicide, accidents in children-related institutions, traffic accidents, accidents at school and accidents at home. [arts. 20] Measures should be strengthened to address these issues.

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