will not receive her maternity health-record book. She will work until delivery without
regular checkups at the obstetrician’s office. The newborn baby’s certificate will not be
presented and the child will be in a stateless-like situation.”115 In a study published in
2005, Professor Lee estimates approximately 20,000 children in Japan are in the state of
statelessness (author's note; or be in a stateless-like situation).116
In light of this situation, the Committee on the Rights of the Child expressed concern:
“undocumented migrants are unable to register the birth of their children and this has
also resulted in cases of statelessness,” recommending the Japanese government to
revise the nationality and other related laws and regulations to conform with Article 7 of
the Convention to avoid statelessness for children born in Japan. 117 The Japanese
government’s third periodic report presented to the Committee in April 2008 does not
refer to any corrective measures in response to this recommendation.118
Regional Child Consultation Centers and child welfare facilities have been exposed to a
large increase in stateless children or children in a stateless-like situation, but those that
come to consult these organs probably represent only a fraction of the actual number.119
115
Setsuko Lee and Carolyn Stevens, “Kodomono inochini kokyo wa nai (No Borders for a Child’s
Life)”, Josanpu zasshi (Journal of Midwives), Vol.54, No.8 ( 2000), pp.51. Moreover, Prof. Lee et. al.
state that: “we often hear there are medical institutions which refuse to issue birth certificates for
non-payment for childbirth expenses [,which leaves children in the state of statelessness].” Setsuko Lee,
Megumi Imaizumi and Takashi Sawada, “Guidelines to Assist Foreign Mothers-Children in Japan”, Josan
Zasshi (Journal on Childbirth Assistance), Vol.57, No.8 (August, 2003), p.70.
116
Lee et al., “Mukokusekijotai ni aru kodomono fushugaku no jittai (Children in the State of
Statelessness Deprived of Education Opportunities)” Shakaiigaku kenkyu (Journal of Social Medical
Studies), No.23 (2005), p.18.
117
See supra note 96.
118
In relation to the problem of birth registration, so called “non-family registry children” (mukosekiji)
have been the topic of much debate in Japanese society. The Civil Code stipulates in Article 772 that any
child born to a woman less than 300 days of her divorce is considered to be the child of the “previous
husband.” It is possible to establish paternal relations with the biological father by means of filing
petitions to family courts to annul the father-child relationship or have the legal father deny his paternity.
However, by registering the birth, the baby enters the family register of the mother’s “previous husband”
as his child. If the mother waits for the court to settle her family relations and refrains from registering the
birth before the decision, the child is without a family register. Other cases indicate the mother’s
reluctance to register birth for fear that her abusive previous husband would find her whereabouts.
Non-birth registry makes it hard for children to be registered as a resident, which likely disqualifies them
from administrative and welfare services from the local government. As these cases become conspicuous,
various measures have been devised for support. Note, however, that these are non-family registry
children and not stateless per se. Sakamoto, Yoko, Honi shirizokerareru kodomatachi (Children Denied
Protection by the Law) pp.5-24. See also, Mainichi Shimbun ed., Rikongo 300nichi mondai (The
Post-divorce 300-day Problem) (2008).
119
Tsukida, supra note 1 pp. 26. Professor Tsukida points out that “Apart from alien registration, the sole
government statistics available under the status quo is that of stateless children entering governmental
facilities. Other measures to identify the statistics have not been taken.” The Professor draws our attention
to Stateless Children Staying at Child Care Facilities statistics compiled by Equal Employment, Children
and Families Bureau Family Welfare Division of the Ministry of Health, Labour and Welfare. Out of the
33,304 children in the care of these public facilities and living with foster parents (as of October 1, 1999),
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