Japan’s New Child Protection Legislation: A Comprehensive Analysis

In June 2024, Japan enacted a landmark law to protect children from sexual predators by requiring mandatory background checks for individuals working in child-focused roles.
Inspired by the UK's Disclosure and Barring Service (DBS), this legislation marks a major shift in safeguarding children across Japan.

Historical Context: Why Was This Law Created?

Japan's legislative move follows several high-profile cases of sexual abuse in schools and childcare institutions. Before this law, employers had no legal means to verify the criminal backgrounds of potential hires, exposing children to potential risks.
Globally, similar measures have been adopted in countries like the UK, where the DBS has been in place since 2002. These systems were developed after public outrage over failures to protect children from individuals with known criminal histories. Japan’s adoption of such a system highlights growing international alignment in child protection policies.

Key Features of the Legislation

1. Mandatory Background Checks
   • All government-supervised institutions (e.g., schools, nurseries) must verify sexual offence histories of current employees and job applicants.
   • Background checks will cover crimes under the Penal Code and local ordinances, including offences like groping and flashing.
2. Record Access Timeframes
   • Records for crimes involving imprisonment are accessible for 20 years after sentence completion.
   • For fines or lesser penalties, records are accessible for 10 years.
3. Voluntary Compliance for Private Institutions
   • Private organisations, such as cram schools and sports clubs, can choose to adopt the system.
   • A certification programme allows these organisations to advertise their compliance as a mark of commitment to child safety.
4. Reassignment or Dismissal
   • ​​​​Employers must reassign employees with histories of sexual offences to roles that minimise contact with children or terminate their employment.

Implementation Challenges

1. Employer Preparedness
   • Many institutions, especially smaller ones, may lack the resources or knowledge to comply with the new law. The government has committed to offering guidance and training, but logistical challenges remain.
2. Data Privacy Concerns
   • Critics argue that granting access to criminal records risks violating individual privacy, especially for those who have already served their sentences.
3. Voluntary Participation
   • Private institutions may hesitate to opt into the system, potentially creating uneven protection standards across different types of organisations.

Global Comparisons and Lessons

Japan's legislation mirrors the UK's DBS, which has proven effective in safeguarding children. However, challenges in the UK’s implementation offer valuable lessons:

• Administrative Delays: Employers often experience delays in obtaining background checks, which could disrupt hiring processes.
• Public Awareness: The success of the DBS relies on public understanding of its purpose and scope, something Japan must prioritise.
• Balancing Rights: The UK has faced criticism for its broad application of checks. Japan could avoid similar backlash by ensuring checks are targeted and fair.

Criticisms and Controversies

The law has sparked debate over:

• Employment Rehabilitation: Opponents argue that individuals who have served their sentences should not face lifelong discrimination in the workplace.
• Scope of Records: Some critics suggest that the inclusion of minor offences, like groping, may unfairly impact employment opportunities.

The government has attempted to address these concerns by limiting access to records and establishing clear guidelines for their use.

Anticipated Benefits

1. Enhanced Child Safety
   • Mandatory background checks create an additional layer of protection, ensuring that individuals with histories of sexual offences are kept away from roles involving children.
2. Increased Employer Accountability
   • By requiring employers to verify backgrounds, the law promotes a culture of responsibility and vigilance.
3. Public Confidence
   • Certification for private institutions can reassure parents and communities that child safety is a priority.

Conclusion

Japan’s adoption of DBS-style legislation is a crucial step forward in protecting children from harm. While implementation challenges and privacy concerns remain, this system has the potential to create safer environments across educational and childcare sectors.

Key Sources

1. "Cabinet approves bill requiring schools to screen for sex offenders" – The Asahi Shimbun, March 19, 2024. 
   Read here
2. "Diet passes bill requiring schools to screen for sex offenders" – The Asahi Shimbun, June 20, 2024. Read here
3. "Japan approved bill for background checks for work" – HR Asia, March 22, 2024. 
   Read here
4. "Sexual Crimes Against Children: Strictly Check Candidates’ Suitability to Work as Education Professionals" – The Japan News, March 23, 2024.
   Read here