著者
広井 多鶴子
出版者
日本教育政策学会
雑誌
日本教育政策学会年報 (ISSN:24241474)
巻号頁・発行日
vol.1, pp.152-168, 1994-06-25 (Released:2017-12-29)

In the early years of the Meiji era there was no legal concept of parental rights. It was considered that the responsibility for children's education should be borne by the head of the household. The Meiji Civil Code of 1898 was the first legal provision in Japan to specify the rights and duties of parents. According to the commonly accepted theories concerning family law, under the Civil Code the patriarchal and feudalistic family system was taken as the norm, and the rights of parents were limited and controlled by those of the head of the household. However, if we look at the legislative process under the Meiji Civil Code, we find that the assertion that heads of households had significant rights concerning education must be rejected. Instead, there is very considerable support for the view that education must be left to parents since it is they who have a "natural" love for their children. At the same time, the right of parents to educate their children was more frequently thought of as a duty than as a right, a duty moreover not to the state but to the children. In the modern family, parents are thought of as having parental rights and duties with the protection of their children's interests in mind, and in this sense one can say that the rights of parents under the Civil Code were based on the concept of the modern family with its roots in ties of love and affection rather than on any feudalistic concept. Children have come to be seen as having to obey their parents in order to protect the interests of the parents. However, the Civil Code put parents under an obligation to protect their children's rights, because children were seen as immature and lacking full capability. The code also incorporated into the legal system for the first time a role for the state in supervising the conduct of parents. The modern understanding of parental rights as being in the interests of children implied systematization in the public interest of the role of the state in supervising parents.
著者
広井 多鶴子
出版者
日本教育政策学会
雑誌
日本教育政策学会年報 (ISSN:24241474)
巻号頁・発行日
vol.19, pp.40-57, 2012-07-15 (Released:2017-11-17)

Child abuse has become a social problem since the 1990's. The press says repeatedly that child abuse is "increasing" and "getting worse", even the government has taken many measures against child abuse after the Child Abuse Prevention Law was enacted in 2000. In this paper, I describe how the measures have changed the discourse about family and the system and policy of child welfare, tracing the process that child abuse has turned into a social problem. The measures against abuse made the concept of abuse itself change and expand, and added many restrictions to parents' behavior. On the assumption that abuse is caused mainly through domestic pathology rather than by income differential, the measures have changed the system that supervised and guided parents. The measures regarding parents as the child's assailants rather than as protectors of the child's rights, both parents' responsibility and the government authority to intervene in a family have been strengthened sharply.
著者
広井 多鶴子
出版者
日本教育政策学会
雑誌
日本教育政策学会年報
巻号頁・発行日
no.19, pp.40-57, 2012-07-15

Child abuse has become a social problem since the 1990's. The press says repeatedly that child abuse is "increasing" and "getting worse", even the government has taken many measures against child abuse after the Child Abuse Prevention Law was enacted in 2000. In this paper, I describe how the measures have changed the discourse about family and the system and policy of child welfare, tracing the process that child abuse has turned into a social problem. The measures against abuse made the concept of abuse itself change and expand, and added many restrictions to parents' behavior. On the assumption that abuse is caused mainly through domestic pathology rather than by income differential, the measures have changed the system that supervised and guided parents. The measures regarding parents as the child's assailants rather than as protectors of the child's rights, both parents' responsibility and the government authority to intervene in a family have been strengthened sharply.
著者
広井 多鶴子
出版者
日本教育政策学会
雑誌
日本教育政策学会年報 (ISSN:24241474)
巻号頁・発行日
vol.28, pp.93-102, 2021 (Released:2021-12-13)

Child rearing allowances, social security benefits for the poverty of one − person households, have not been provided properly, despite the fact that the Act on the Promotion of Policy on Child Poverty was established in 2013. This is because the child welfare of poor households guaranteed by child rearing allowances was converted into the workfare which promotes economic independence by working. Educational support was, to be sure, expanded drastically to provide free-of-charge infant education and nursing and grant-type scholarships. But such in-kind benefits of these educational services, which might give children a chance to be educated, are not a key to eliminating child poverty. Todayʼs promotion of policy on child poverty has changed the principle of child and family welfare that parents should raise their family and society should be responsible for it : thus parents are now pressed to become independent economically by working, and children are also requested to cut off the cycle of poverty by themselves through education and studying.
著者
広井 多鶴子
雑誌
実践女子大学人間社会学部紀要
巻号頁・発行日
vol.2, pp.61-79, 2006-04-30