Subcommittee on Guarantee of Fundamental Human Rights (First Meeting)

Thursday, November 28, 2002

Meeting Agenda

Matters concerning the guarantee of fundamental human rights.

After a statement was heard from Professor KARIYA Takehiko concerning the above matters, questions were put to him; this was followed by discussion among the members.

Informant

  • KARIYA Takehiko, Professor, Graduate School of Education, University of Tokyo

Members who put questions to Prof. KARIYA


Main points of Prof. KARIYA's statement

Introduction

>> Today, I am going to speak from the perspective of educational sociology about the actual state of school education, the changes in the state of education, and their relationship with human rights.

1. "Education" under the Constitution

>> Article 26 of the Constitution of Japan and Article 3 of the Fundamental Law of Education state that all Japanese citizens "...shall have the right to receive an equal education correspondent to their ability..." We need to investigate how this right is secured concretely by systems and administrative practices in light of the actual state of school education.

2. The Meaning of "Ability"

>> In defining "ability" in the phrase "education correspondent to their ability," it is important to consider not only "what types of abilities" students may have, but also "when" they have these abilities. The right to education cannot be fully guaranteed without first clarifying the abilities that individuals are born with as well as the extent to which these abilities are influenced by the home environment and the educational system.

3. Changes in the State of School Education under Educational Reform

>> In the past, the debate regarding education has belittled and almost never utilized quantitative statistical data, and as a result the government has failed to grasp the actual state of school education and failed to adopt effective policy measures. This has also exacerbated the gaps in students' academic abilities and other problems.

>> The 1992 revision of the official curriculum guidelines emphasized "flexible education, free from pressure." The results of such surveys as the academic ability surveys on elementary and junior high school students conducted before and after the 1992 revision clearly indicate that the number of hours that these students study at home and their basic academic abilities (especially the abilities of the weakest students) both declined following the adoption of the new curriculum guidelines. Because the acquisition of basic academic abilities greatly influences subsequent performance, and because the lack of these basic scholastic abilities leads to anxieties regarding the students' future lives, it is imperative in terms of guaranteeing the right to education that students acquire these basic academic abilities.

>> The results of surveys on post-secondary academic advancement and the desire to pursue independent or research studies indicate that students' home environments and socioeconomic class influence their academic abilities and academic advancement, and that this is leading to a greater class stratification whereby the children of parents with high educational levels also achieve high education levels. Japan's educational policy, which until recently has emphasized "flexible education, free from pressure" to foster "a zest for living," has actually expanded the gaps among individuals' abilities because it has neglected to ensure that all students acquire basic academic abilities.

4. "Equality of Results" and "Equal Opportunities"

>> Japanese culture is characterized by a desire for uniformity, and in this context "equality of results" has been interpreted as "equality in the final results achieved," and has been deemed as hindering the provision of "equal opportunities." However, "equality of results" should properly mean a "de-facto equality" from the "equal provision of abilities" to take advantage of "equal opportunities," in contrast to simple theoretical equality. If this understanding were to govern classroom education, it would lead to all students having equal abilities to compete fairly at the time that they complete their compulsory education.

Main points of questions and comments to Prof. KARIYA

TANIKAWA Kazuo (Liberal Democratic Party)

>> Considering the purport of democracy whereby citizens participate in state activities, what do you think about the idea of utilizing support from NPOs and NGOs for education in fields such as foreign languages and investment where it may be difficult for the teachers to acquire first-hand experience?

>> In this age when we have decoded the human genome and achieved other scientific and technological advances facilitating individualized medical treatment, is it not also possible to prepare individualized curricula in accordance with individual abilities? Also, do you not agree that the education for the new era will be more effective if it is left up to the discretion of regional governments rather than adopting uniform national educational policies?


KONNO Azuma (Democratic Party of Japan and Club of Independents)

>> "Equality of results" is being sought based on a misinterpretation of Article 3 of the Fundamental Law of Education. I feel that the correct meaning of this legal provision is not being pursued in Japanese society today. What is your opinion?

>> I believe that the social emphasis on economic efficiency is the root cause of declining academic abilities, school absenteeism, and other problematic child behavior. I think arguments for revising the Fundamental Law of Education solely as a prescription for curing the ills of the Japanese educational system without considering the wider social problem of an exclusive emphasis on economic efficiency are dangerous. What is your opinion?

>> The growing economic disparities resulting from greater employment instability under the prolonged recession are leading to wider educational disparities. How do you think we should address this problem?


OTA Akihiro (New Komeito)

>> At the National Commission on Education Reform, I have raised the issues of university reform, the decline in academic abilities and school absenteeism/classroom disruption as the three main problems presently facing Japan's educational system. Of these problems, regarding the decline in academic abilities, do you think that the "flexible education, free from pressure" policy adopted over the past 10 years has been in error? Also, were there any aspects in the "flexible education, free from pressure" policy that have caused the increase in school absenteeism and classroom disruption?

>> The educational reform efforts to date have been centered on respect for individuality. However, I think that the National Commission on Education Reform has come to a consensus that a certain level of compulsory activities are required in the educational system, such as obligating students to participate in voluntary service activities. What is your opinion about the balance between the individual and the public?

>> In education of the heart, more importance should be given to culture and tradition based on a revival of collectivity that emphasizes human ties. Considering this, how do you feel that historical perspectives, tradition and culture should be taught in the context of the debate on revising the Fundamental Law of Education?


TAKEYAMA Yuriko (Liberal Party)

>> When I advertised for a secretary, I personally saw how many individuals with superb resumes and numerous credentials lack the basic manners required to function in society, and how they often roam from one job to another. What do you think are the causes of this?

>> In addressing educational reform, beyond just revising legislation, we also need to implement dynamic reforms, including building up an environment wherein school principals can manifest leadership and opening up the teaching profession to people with diverse types of experience. What is your opinion?

>> I think we should create an environment where teachers' abilities are used to better advantage in the classroom, but in reality, teachers, principals and the Ministry of Education, Culture, Sports, Science and Technology are at a stalemate. How do you think we should respond to this kind of situation?


YAMAGUCHI Tomio (Japanese Communist Party)

>> Are you saying that we need to revise the Fundamental Law of Education to ensure that its spirit becomes manifest in classroom education?

>> From your analysis, the 1992 revision of the official curriculum guidelines was the turning point toward the decline in academic abilities and other educational problems. There is also a great deal of criticism of the revisions to the official curriculum guidelines that were implemented this April. Could you explain your opinions regarding how the problems and issues with this April's revisions influence the decline in academic abilities and the other educational problems?

>> The Japanese educational system is being criticized in Japan and overseas for fostering excessive competition and stress that had a harmful influence on students' health and which, in extreme cases, led to school absenteeism and even suicide. What is your opinion about this?

>> What is your opinion regarding school absenteeism, classroom disruption and other problems at the compulsory education stage?

>> How do you evaluate the interim report recently released by the Central Council for Education?


YAMAUCHI Keiko (Social Democratic Party)

>> The revisions to the official curriculum guidelines implemented to date have actually accelerated children's alienation from studying, and I believe that bullying and other school problems cannot be resolved by revising the Fundamental Law of Education. What is your opinion about this?

>> I think that discussions of educational reform should not be limited to the perspective of academic abilities, but should rather be based on how to foster students' spirit. I also think that we should emphasize a "flexible education, free from pressure" as well as a "zest for living," while preparing measures and giving special support to students who cannot fully grasp their curricular contents. What is your opinion?


INOUE Kiichi (New Conservative Party)

>> Do you believe that a compulsory education system is necessary? Also, what is your opinion about educational systems in which students automatically advance to the next grade each year?

>> In relation to the problem of a growing gap in children's academic abilities, how should we resolve the problem whereby students find their classes uninteresting because they do not understand the contents?

>> What do you think about the idea of extending compulsory education to high school as a response to today's technological advances and increasing social complexity?


KONDO Motohiko (Liberal Democratic Party)

>> Article 26, paragraph 2, of the Constitution alludes to "ordinary education." Could you explain what type of education this refers to?

>> I agree with introducing small classes to ensure that all students acquire the minimum academic abilities, but I think there could be a problem with this in terms of fostering human relations if the classes become too small. Specifically, about how many students do you think is appropriate under a small class system?

>> With the closure and merger of schools amid the ongoing depopulation in rural areas, a problem is emerging whereby it is becoming inconvenient for some students to commute to their schools. How much latitude does the national government have for involvement in resolving these types of educational disparities among different regions?

>> How should we educate students who live in urban areas about environmental problems through their daily classes and field studies?


KOBAYASHI Kenji (Democratic Party of Japan and Club of Independents)

>> I think that Japan's post-war educational system, which has pursued "equality" as a matter of course even though children have disparate academic abilities, has actually resulted in greater inequalities among students. What is your opinion about this?

>> I think that discussions of educational reform also need to examine Japan's pre-war educational system. I believe education forms the foundations for a national vision and for considering Japan's relations with the international community based on history and culture, and that it is important to incorporate these perspectives in efforts to revise the Fundamental Law of Education. What is your opinion?


KURATA Masatoshi (Liberal Democratic Party)

>> I think that we need to reorient the direction of the present official curriculum guidelines and make further revisions. Do you agree?

>> Under the revised official curriculum guidelines, the curriculum contents have been reduced by 30%. I am gravely concerned that with this type of education Japan will fall behind the rest of the world. I think that the Ministry of Education, Culture, Sports, Science and Technology should conduct surveys of the actual conditions, revise its present policy stance and urgently upgrade the official curriculum guidelines, and I would like to hear your opinion about this.


Main points of comments made by members of the Subcommittee (in order of presentation)

YAMAUCHI Keiko (Social Democratic Party)

>>In examining the concept of "equality" in education, we should note that the Convention on the Elimination of All Forms of Discrimination against Women and other international covenants consider "separation," "exclusion" and "restriction" as types of discrimination, and state "equality" as a requirement not only in terms of opportunity and rights, but also in terms of responsibility.

>> In schools, there is a tendency to evaluate children's status based on their academic abilities, so children who cannot study well or who do not otherwise stand out tend to receive low grades. I think we should foster the development of such children by positively evaluating their efforts in non-academic areas, and in otherwise playing secondary roles in supporting class activities.


YAMAGUCHI Tomio (Japanese Communist Party)

>> In the presentation, Prof. Kariya emphasized educational diversity and decentralization, and I understood this as a criticism of Japan's educational policies to date. Grasping the actual present state of education is essential for envisioning the ideal educational approach. Also, when considering the "stratification" of education that he referred to, we need to understand what the original purport of the Constitution and of the Fundamental Law of Education was.

>> I think it is necessary to remember that, when evaluating education under the Meiji Constitution, the Diet rescinded the Imperial Rescript on Education in 1948 for the very reasons that imperial sovereignty and other concepts in the Rescript were in conflict with respect of fundamental human rights and other matters.


TANIKAWA Kazuo (Liberal Democratic Party)

>> "Public welfare" is important when considering human rights, and I think that the concept of "public welfare" in the Constitution is difficult to understand. On the one hand, individuals may not be deprived of their fundamental human rights. On the other hand, human rights should not be overextended or misused. Accordingly, I think that the provisions of the Constitution should be as clear and simple as possible.