In the case of the child's mother not having a valid visa, without the father’s recognition before birth, the child will be unable to gain medical support or attend public schools. Without this recognition, the child is denied many of his/her basic needs. It is often very hard for the mother to support her child alone.

International Standards

Convention on the Rights of the Child Articles 24-29

The right to the highest level of health possible and to access health and medical services; The right of children to benefit from social security; The right of children to benefit from an adequate standard of living, the primary responsibility of parents to provide this, and the State’s duty to ensure that this responsibility is first fulfillable and then fulfilled, where necessary through the recovery of maintenance; The child’s right to education, and the State’s duty to ensure that primary education at least is made free and compulsory.

Convention on the Rights of the Child Article 6

The inherent right to life, and the State’s obligation to ensure the child’s survival and development.

Questions for Discussion:

1) Consider and discuss the case of Masami:

Case of Masami

Tapiru was working as a hostess is Japan where she met Taka, a married man. Taka promised to divorce his wife and marry her, but this never happened. When she fell pregnant, he wanted her to have an abortion, but Tapiru fought to keep the child.

Masami was born with a serious disorder requiring check-ups costing more than US0 per visit. Because her father did not recognize her, she is not a Japanese national and thus, not covered by the state health insurance. Tapiru did not have a valid visa and could barely make ends meet with two part-time jobs. She was forced to go to court to force Taka to give monthly support.

Taka offered her ,000 to leave Japan, but Tapiru decided to stay and press for Masami’s father to recognize his child. "I want Masami’s father to fulfill his duty," she said. "It is not the money but the issue of protecting the rights of my child."

(Source: Inter Press Service News, Oct. 1999)

2) Can you think of similar circumstances when children in your country are not receiving proper health care/social security/education because of their nationality?

3) Whose responsibility is it to ensure a child’s survival and developmental rights?

4. Suggestions for Action

The preamble of the Convention stresses the need for international cooperation in achieving the realization of children’s rights. Nowhere is this more obvious than when it comes to children on the borders of two countries, whether physically as refugees, or because of parentage. Children placed in such situations are particularly vulnerable and need special care and protection.

DNA testing has allowed for many women to force the fathers to face their responsibilities, but it should not have to come down to this, as it requires a lot of human and financial resources, which are often not available to the mothers.

There are two aspects that should be dealt with in considering strategies:

First is the long-term solution ?to repeal legislation in violation of the International Bill of Rights and, especially, the Convention on the Rights of the Child. Discrimination against children born out of wedlock, particularly in regard to the acquisition of nationality, is in violation of one of the most basic rights of all: to be free from all forms of discrimination.

Second is the provision of support for mothers and children who have been affected by this unjust situation.

?lt;/p>

A. Lobbying the government to review legislation

- Raise awareness among the authorities and the public of the discriminatory laws that currently exist; and

- Lobby the Japanese government to repeal its discriminatory laws and demand that they follow the recommendations of the Human Rights Committee and the Committee on the Rights of the Child.

?lt;/p>

Question for Discussion:

What legislative changes in your country do you see as necessary to protect the rights of the child?

?lt;/p>

B. Support for the women/children

- Increase monitoring and improve methods of data collection (there is currently no accurate record of the number of JFCs);

- Raise awareness among women on how to protect the rights of their children and who to approach for help;

- Raise awareness in the general public through various media to eliminate the social stigma and discrimination against children born out of wedlock;

- Support women/children in legal actions challenging discriminatory laws;

- Assist in reunions between father and child; and

- Assist mothers in legal actions for recognition of and financial support for the child.

Case of Zerna

Zerna went to work as an entertainer in Japan. She entered into a relationship with a Japanese man named Masa, who courted her and later proposed marriage. Zerna became pregnant and informed Masa, who accepted it. Later on, the relationship fell apart and the two lost touch. Zerna gave birth to Mazanaa, and did not give up trying to establish contact with the father of her child. When she finally spoke to him, he promised to send financial support but it never came.

Zerna decided to seek legal help. Masa denied paternity, and although Zerna felt bad about it, armed with the knowledge that Development Action for Women Network (DAWN) was there to support her, Zerna decided to pursue the case and request a DNA test. In May 1999, Zerna clinched a milestone for the cause of migrant women in an unprecedented court decision compelling Masa to provide support for his four-year old child.

(Source: Development Action for Women Network)

?lt;/p>

Question for Discussion:

What can NGOs in your country do to help mothers and children in similar situations?