Japanese family law “incompatible” with Hague Convention

There was a telling article published in the International Academic Forum’s Journal of Asian Studies Summer 2017 issue.  The author, Takeshi Hamano, of the University of Kitakyushu, spells out why the ratification of the Hague Convention has had a limited impact – because domestic Japanese family law is “incompatible” with the principle of the Convention.

I set out, below, the abstract and, below that, a link to the article itself – it is not a subscription website:

Author: Takeshi Hamano, University of Kitakyushu, Japan
Email: ian.mcarthur@sydney.edu.au
Published: August 4, 2017
https://doi.org/10.22492/ijas.3.1.03

Citation: Hamano, T. (2017). The Aftermath of Japan’s Ratification of the Hague Convention on Child Abduction: An Investigation into the State Apparatus of the Modern Japanese Family. IAFOR Journal of Asian Studies, 3(1). https://doi.org/10.22492/ijas.3.1.03


Abstract

The aim of this paper is to discuss the ways in which a recent international dispute has evoked an inquiry about the family ideology of modern Japan. Initially, it explains a recent issue on Japan’s ratification to the Hague Convention on child abduction. In April 2014, the Japanese government finally ratified the Hague Convention on child abduction, an international Convention to resolve disputes on international parental child abduction. However, skepticism toward Japan still remains, because, in order to put the international Convention into practice, Japan has not proceed to radical family law reform at this stage. To recognize this incongruent situation, this paper explains that the present Japanese family law is incompatible with the principle of this international Convention. Although the Convention premises shared parenting in the grant of joint child custody even after divorce, Japanese family law keeps the solo-custody approach, which is necessarily preserved in order to maintain Japan’s unique family registration system: the koseki system. Arguing that the koseki system, registering all nationals by family unit, is an ideological state apparatus of Japan as a modern nation state since the nineteenth century, this paper concludes that recent international disputes regarding parental child abduction in Japan inquires about a radical question on national family norm of Japan.

Keywords

Japan, family, the Hague Convention on the Civil Aspects of International Child Abduction, child custody, koseki

Link to article:  http://iafor.org/archives/journals/iafor-journal-of-asian-studies/10.22492.ijas.3.1.03.pdf

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End of summer 2017 message

Hello Hugo

Another summer ends.  Your 6th in Japan in a row.  It’ll soon start cooling down again so no more sweltering walks to the station/school until 2018.

Here is a short UK update for you.

Today marks the 20th anniversary of the death of Diana Princess of Wales; it made news around the world at the time and there has been a lot in the media over it this summer.  I clearly remember when I found out; I was back home in Everton for the summer after the end of my first year at university.  My mum told me in the kitchen when I went down to make coffee.

As I posted yesterday, our Prime Minister is currently on a trade mission to Japan.  My repeated requests to the Foreign Office in the UK to lobby the Japanese government much harder and more publicly on the issue of parental child abduction have not to date been heeded and I fear that such issues will not be on Mrs May’s delegation’s visit.  As such I yesterday put in a freedom of information request to find out why this continues to be the case and when this will change.  I will update the blog in the coming weeks as soon as I receive a response.

I spent a couple of days with Dad up in Edinburgh, Scotland, over the late August national holiday. It is a fantastically beautiful city also with much on offer around it in the surrounding, mountainous countryside.  We concentrated mainly on the city centre but did manage to get the bus out to the Royal Yacht Britannia now moored in Leith, a coastal suburb of Edinburgh.

Dad celebrates his 89th birthday next month and everyone is meeting up, as we did last year, at the Boathouse down in Hythe to mark the occasion.  Plans are also being tentatively developed for his 90th birthday in 2018.

Less positively, both my aunt Diana and your Great Grandma have recently been diagnosed with cancers.  Diana is responding very well to treatment as it was caught early – she is expected to make a full recovery – but Grandma is still waiting for a full medical assessment.

Your UK cousin, Olly, is doing well.  He celebrated his first birthday in April and my sister returned to work at about the same time.

I have mailed you the items below in two tranches, one today and one on 24 August.  These include a genuine Edinburgh/Cashmere scarf – I tried it on before sending it to you and it is very soft and fluffy and will, I trust, help keep you warm this winter.

Prime Minister visits Japan

Foreign &
Commonwealth
Office

Press release

PM heads to Japan to build strong post-Brexit relationship with Tokyo

The Prime Minister begins a new era of strengthening Britain’s ties and influence in Asia with an ambitious three-day trip to Japan.

North Korean missile test

Hello Hugo

I have just seen in the news that North Korea has launched a missile over Hokkaido and not just into the Sea of Japan as had hitherto tended to be its habit.  It is leading the news on the BBC.  Although the incident was thankfully some way north of you, it must be a worry for you as it is very much for me as there is no guessing what this evil and arbitrary regime may do next or when.

The last time that there was an incident of this magnitude was in 2009; the launch then coincided with a flight that I took from Narita to London having spent a holiday with you and your mother in Japan (you stayed on 3 months longer before coming back to the UK – I had to return to work).  I will try and post some photos below of us together on that visit later today or later this week as I do not have access to them at this moment.  Anyway my thoughts and prayers are with you at this time – as they are always.

Daddy

Hiroshima landslide – 3 years on

The article that appeared below yesterday about the third anniversary of the Hiroshima landslide – I posted a series of posts about it in August 2014 (which still holds the record for the largest number of posts in any one month) – was a reminder that it has been almost 3 years since I received any real news about my son.  It is preposterous that this is so and that the UK government shows no tangible interest in the issue of ongoing and historical international parental child abduction in Japan.

Hiroshima remembers victims of deadly landslides on third anniversary of the disaster

KYODO

A memorial service was held Sunday in Hiroshima to commemorate the third anniversary of the landslides that claimed the lives of 77 people.

“I don’t want anyone else to become a victim or a person feeling like us,” said 77-year-old Takako Miyamoto, one of the speakers at the event. She lost her husband after torrential rain triggered landslides in residential areas close to mountains in the city early on Aug. 20, 2014.

“It is really painful and sad. Our lives were ruined after losing everything dear to us, homes destroyed,” said Miyamoto, who was seriously injured in the landslide.

Touching on recent natural disasters including the torrential rain in Kyushu last month, she said she “sincerely hopes that no one else dies in a disaster.”

Three years ago, about 400 houses were either washed away or damaged by the landslides that struck Hiroshima.

“Residents are providing mutual support and the work to protect each other has progressed,” Hiroshima Mayor Kazumi Matsui said at the ceremony. “We’d like to support these efforts.”

Jointly hosted by the Hiroshima municipal and prefectural governments, the event was held in Asakita Ward, one of the hardest-hit areas.

Families and residents visited the devastated sites early Sunday to offer flowers and pray for those who died. Some touched the names of victims listed on a monument, while others tearfully clasped hands.

Hina Sawamoto, a 16-year-old high school student in the city of Hiroshima, lost her grandmother after a mudslide smashed into her house that day. She sometimes recalls the mudslide when it rains heavily and becomes worried that disaster may strike again.

The teenager said she wants to give a helping hand to those affected by the downpours in Kyushu, just as she was helped by volunteers after the disaster in Hiroshima.

She went to Oita Prefecture last month with her father, Yasuhiro, 46, and helped a family whose house had been swept away by a mudslide. “I was supported by many people. So I wanted to show my gratitude,” she said.

Although she was helping out, Sawamoto said she did not really get to talk with the victims. “Sometimes people want to be left alone. I know how they were feeling.” At the time of the disaster, residents in the devastated area had not been informed of the landslide risk, as many of the sites were not designated within the warning zone in accordance with the law on prevention of landslide disasters.

Afterward, the state revised the law and obliged prefectural governments to swiftly make public the results of basic investigations of terrain and geological conditions. The revised law took effect in January 2015.

According to the Hiroshima Prefectural Government, emergency work since the disaster to make 57 locations more resistant to landslides was completed in May this year.

The prefecture is expected to designate around 50,000 locations as landslide warning zones, but only about 40 percent of the areas had been so designated as of Aug. 10.

Source:  “Hiroshima remembers victims of deadly landslides on third anniversary of disaster”, The Japan Times, 20 August 2017