The Convention on the Rights of the Child enshrines the child’s right to a nationality (Article 7). This does not mean that State Parties must give nationality to all children born within their territory. There are two ways that nationality can be acquired: by birthplace (such as the USA) or by blood (such as Japan). However, when the State Party’s legislation makes it difficult, if not impossible, for a child to exercise his/her right to a nationality, then such legislation must be questioned.

1. Explanation of Japanese Laws regarding nationality

   Article 2(1) of the Nationality Law

   Japan follows the bilineal ius sanguinis principle (Latin for "law of the blood"). A child shall be a Japanese national when, at the time of birth, the father or the mother is a Japanese national. The father then, must acknowledge the child before birth.

   Japanese laws are such that the father’s act of recognition (by submitting to authorities an acknowledgement of paternity) is necessary to gain Japanese nationality. Many of the Japanese men who have sexual relations with foreign women refuse to recognize the children born of these relationships, often because they happen to be married and are not about to risk divorce. As mentioned above however, even if the father does acknowledge the child after its birth, it is too late, unless the parents marry. [3]

   Article 12 of the Nationality Law and Article 104 of the Family Registration Law

   If the child of a Japanese national is born outside of Japan, he/she will automatically lose his or her right to Japanese nationality unless a reservation is filed within 3 months of birth.

   Limiting the time period of registration to three months makes it difficult for the mothers of Japanese-Filipino children to protect their child’s right to Japanese nationality. They often are not even aware of this strict rule, and by the time they find out about it, it is too late. The Japan Federation of Bar Associations has recommended the extension of the period of submission of declaration for reservation till at least the age of 20.[4] The NGO Group for the Convention on the Rights of the Child has recommended that the laws be revised to extend the time period "in accordance with realities." [5]

2. International Standards

Principles embodied in International Treaties:

Convention on the Rights of the Child Article 7

The right to have a name from birth and to be granted a nationality.

Convention on the Rights of the Child Article 8

The State’s obligation to protect and, if necessary, re-establish the basic aspects of a child’s identity (name, nationality and family ties).

Guidelines from Treaty-based Monitoring Bodies:

The Human Rights Committee General Comment 17

The Committee stressed the importance of avoiding statelessness.

The Human Rights Committee’s response to Japan’s Third Periodic Report

The Committee recommended that Japan amend its legislation to bring it into line with the ICCPR.

Questions for Discussion:

1. How do children acquire nationality in your country? Is it by blood or by birthplace?

2. How does the system deal with parents of different nationalities?

3. Note as a basis of comparison the USA, where a father can acknowledge and pass citizenship to his child up until the child reaches the age of 18. [Back to text]

4. Report on the Implementation in Japan of the Convention on the Rights of the Child, Japan Federation of Bar Associations, 1997. [Back to text]

5. NGO Report to the UN Committee on the Rights of the Child (Japan), Federation for the Protection pf Children's Human Rights, 1997. [Back to text]