Departmental Bulletin Paper 子どもの権利条約と意見表明権
The Convention on the Rights of the Child and Child’s Right to Be Heared

名尾, 利香

Though the Convention on the Rights of the Child and national lawsconcerning child’s rights are established, we must be faced with violationsof child’s rights all over the world. Now it is necessary for us to search forthe way how we make use of the Convention and national laws.This paper,focusing on the child’s right to be heared, aims to survey the makingprocess and contents, rethink definitions of ‘child’ and ‘right’, and examinethe importance of the child’s right to be heared. The main findings are asfollows.First, the Convention and national laws are in the dynamic process ofrevisions through relations of mutual influences. Japanese laws concerningchild’s rights are no exception. Second, by rethinking definitions of ‘child’and ‘right’, we can get new viewpoints from which the Convention andJapanese laws can be interpreted more deeply. Third, the child’s right tobe heared must be realized to protect the best interests of the child. Theright is essential to protect child’s independence and autonomy.

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