Citation

Legitimacy of school rules and children’s human rights in Japan

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Abstract:

From studying several legal cases on school rules about school uniform, hair style and lifestyle, it is found that there is no clear legal ground for the schools rules in Japan, but schools can regulate some rules to discipline students’ behavior from these four viewpoints: special rights relationship (tokubetu kenryoku kankei), standard form contract (fugou keiyaku), implicit consent (zaigaku keiyaku keiyaku), partial society theory (gakkou bubun shakai ron). It is also found that some school rules violate students’ constitutional human rights of article 13 (the pursuit of happiness), article 21 (freedom of expression), and also children’s rights under the Convention of the Rights of the Child (effected from 1994 in Japan).

Author's Keywords:

Education Law, Japan
Convention
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Association:
Name: 55th Annual Conference of the Comparative and International Education Society
URL:
http://www.cies.us


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URL: http://citation.allacademic.com/meta/p493779_index.html
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MLA Citation:

Niu, Zhikui. "Legitimacy of school rules and children’s human rights in Japan" Paper presented at the annual meeting of the 55th Annual Conference of the Comparative and International Education Society, Fairmont Le Reine Elizabeth, Montreal, Quebec, Canada, <Not Available>. 2014-11-26 <http://citation.allacademic.com/meta/p493779_index.html>

APA Citation:

Niu, Z. "Legitimacy of school rules and children’s human rights in Japan" Paper presented at the annual meeting of the 55th Annual Conference of the Comparative and International Education Society, Fairmont Le Reine Elizabeth, Montreal, Quebec, Canada <Not Available>. 2014-11-26 from http://citation.allacademic.com/meta/p493779_index.html

Publication Type: Panel Paper
Abstract: From studying several legal cases on school rules about school uniform, hair style and lifestyle, it is found that there is no clear legal ground for the schools rules in Japan, but schools can regulate some rules to discipline students’ behavior from these four viewpoints: special rights relationship (tokubetu kenryoku kankei), standard form contract (fugou keiyaku), implicit consent (zaigaku keiyaku keiyaku), partial society theory (gakkou bubun shakai ron). It is also found that some school rules violate students’ constitutional human rights of article 13 (the pursuit of happiness), article 21 (freedom of expression), and also children’s rights under the Convention of the Rights of the Child (effected from 1994 in Japan).


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Neoliberalism Meets Human Rights? The Global Struggle over Rule of Law and Human Rights Indicators

Human Rights Education: Is This The Answer To Improve Human Rights Situations in Japan?


 
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