Overview

This page provides a brief explanation of an official Japanese government document titled “Q&A on Responses to Child Abuse and Related Matters Involving Religious Beliefs.”

The original document was issued on December 27, 2022 by the Director-General of the Child and Family Bureau of Japan’s Ministry of Health, Labour and Welfare. It was prepared for child guidance centers and municipal authorities in Japan, in order to help them respond appropriately to consultations and reports involving possible child abuse related to a parent’s or guardian’s religious beliefs or similar convictions.

This document is sometimes informally referred to as the “Religious Abuse Q&A.” However, it is important to understand that the document does not define religion itself as abuse. It also does not target any particular religion, religious organization, or individual believer.

Rather, the document explains that when a parent or guardian’s conduct falls within the statutory definition of child abuse under Japan’s Child Abuse Prevention Act, the authorities should respond appropriately, even if the conduct is motivated by religious beliefs.

In other words, the document is best understood as a child protection document, not as an anti-religious document.

Purpose of the Q&A

The Q&A was created to clarify how Japanese child protection authorities should respond when religious beliefs or religious activities are involved in suspected child abuse cases.

It explains that authorities should not respond passively merely because a case involves religion. If a child may be experiencing abuse, the situation must be assessed from the child’s perspective, with the child’s safety and best interests as the central concern.

The document provides examples of conduct that may constitute:

• physical abuse;
• psychological abuse;
• neglect; or
• sexual abuse.

It also describes points to consider when supporting affected children, including cooperation with police, schools, legal aid organizations, welfare offices, and other relevant institutions.

Basic Principle

The basic principle of the Q&A is that religious motivation does not exempt harmful conduct from child abuse law.

If a parent or guardian physically punishes a child, threatens a child with extreme fear, obstructs the child’s education or medical care, forces the child into religious activities against the child’s will, or otherwise harms the child’s welfare, such conduct may fall under the definition of child abuse under Japanese law.

At the same time, the Q&A emphasizes that each case must be assessed comprehensively. The examples in the document should not be applied mechanically. Authorities are expected to consider the child’s situation, the guardian’s situation, the living environment, and the actual impact on the child.

Why This Document Matters

This document is significant because it makes clear that children’s rights and safety must be protected even in situations involving family religious beliefs.

It recognizes that children may not always be freely choosing a religion for themselves, especially when they are strongly influenced by their parents or guardians from an early age. It also recognizes that children may find it difficult to identify their own situation as abusive or to seek help.

For this reason, the Q&A instructs child protection authorities to listen carefully to children, assess the situation objectively, and take protective measures where necessary.

Important Note

This explanatory page and the following translation are intended to help non-Japanese readers understand the content of the official Japanese document.

They are not intended to criticize, attack, or promote prejudice against any religion, religious organization, or individual believer. The purpose is to explain how Japanese child protection authorities are instructed to respond when conduct related to religious beliefs may constitute child abuse under Japanese law.

Summary of the Q&A

The following is a summary of the key points of the official Q&A issued by Japan’s Ministry of Health, Labour and Welfare.

1. Religious belief itself is not treated as child abuse

The Q&A does not state that religion or religious belief itself is child abuse.

Rather, it explains that if a parent or guardian commits an act that falls within the definition of child abuse under Japan’s Child Abuse Prevention Act, the authorities must respond in the same way as in other child abuse cases, even if the act is connected to religious beliefs or religious activities.

In other words, the key question is not whether a family has religious beliefs.
The key question is whether the child is being harmed, threatened, neglected, coerced, or deprived of necessary care, education, safety, or freedom.

2. Cases involving religion should not be handled passively

The Q&A states that child guidance centers and municipalities should not take a passive approach merely because a case involves religion.

If there is a suspicion that a child may be experiencing abuse, the authorities are expected to respond promptly. This includes taking measures to secure the child’s safety, such as temporary protective custody where necessary.

The document also notes that children may not always be freely choosing religious belief for themselves. In some cases, they may be strongly influenced by their parents, guardians, or surrounding community from an early age.

3. The child’s perspective is central

A central principle of the Q&A is that the situation should be assessed from the child’s point of view.

The document explains that the examples in the Q&A should not be applied mechanically. Instead, each case should be assessed comprehensively by considering:

• the child’s situation;
• the parent or guardian’s situation;
• the living environment;
• the actual impact on the child; and
• the child’s safety and best interests.

This means that even if an individual act appears minor, repeated or combined acts may still amount to child abuse if they seriously harm the child’s welfare.

4. Physical abuse

The Q&A gives examples of conduct that may constitute physical abuse.

These include forcing a child to participate in religious activities through corporal punishment, hitting a child, striking a child with a whip, or forcing a child to remain in a particular posture or movement for a long period of time.

The basic idea is that violence or physical punishment against a child may constitute physical abuse, regardless of whether it is justified by religious doctrine or religious discipline.

5. Psychological abuse

The Q&A also explains that certain forms of religious coercion may constitute psychological abuse.

Examples include threatening a child with statements such as “you will go to hell” or “you will be destroyed,” repeatedly instilling fear in the child, ignoring or rejecting the child in order to force participation in religious activities, or obstructing the child’s free decisions about education, employment, friendships, or life choices.

The document also addresses cases where a child is forced to declare a religious belief in front of others, or where a child is forced to reveal that they belong to a particular religion even when they do not wish others to know.

6. Neglect

The Q&A explains that neglect may occur when religious beliefs or activities result in a failure to provide necessary care for the child.

Examples include failing to provide appropriate housing, clothing, food, education, or medical care because of religious beliefs or donations. It also includes refusing necessary medical treatment, such as surgery, medication, or blood transfusion, when a doctor has determined that such treatment is necessary.

The Q&A also states that restricting a child’s school attendance, school events, higher education, or career choices without proper consideration of the child’s wishes and welfare may constitute neglect or psychological abuse.

7. Sexual abuse

The Q&A states that exposing a child to sexual materials or sexual expressions that are inappropriate for the child’s age may constitute sexual abuse, even if this is done under the name of religious education.

It also states that forcing a child to disclose personal sexual experiences to religious organization staff or other related persons may constitute sexual abuse.

If a parent or guardian knows that such conduct is taking place and fails to take steps to protect the child, this may also constitute sexual abuse or neglect.

8. Third-party involvement and cooperation with police

The Q&A recognizes that child abuse may be influenced or encouraged by third parties, including members or officials of a religious organization.

If a parent or guardian commits abusive acts because of instructions or encouragement from a third party, the document states that cooperation with the police may be necessary. It also notes that certain acts may potentially involve criminal liability, including assault, injury, indecent assault, sexual assault, abandonment by a person responsible for protection, coercion, or related forms of participation in crime.

9. Support for affected children and young people

The Q&A also discusses support for children and young people who have experienced problems related to religious beliefs in the family.

Possible support includes:

• consultation with child guidance centers;
• legal assistance;
• educational support for high school or higher education;
• support for people in financial hardship;
• employment and independence support;
• mental health consultation;
• school counseling; and
• other public consultation services.

The document also states that even when a person is already 18 or older, authorities should not refuse support simply because the person is no longer a minor. If the person needs assistance to live independently from the family, relevant institutions should help connect them to appropriate support services.

10. The document applies equally to adoptive parents, foster parents, and institutions

The Q&A makes clear that the same principles apply not only to biological parents, but also to adoptive parents, foster parents, family homes, and child welfare institutions.

If a child is placed in foster care or an institution, caregivers must respect the child’s freedom of conscience and ensure a safe and secure living environment. If abusive conduct related to religious beliefs occurs in such settings, the authorities must respond appropriately under the Child Welfare Act.

English Translation of the Q&A

Notice Regarding the “Q&A on Responses to Child Abuse and Related Matters Involving Religious Beliefs”

Child and Family Bureau Notice No. 1227-1
December 27, 2022

To:
Prefectural Governors
Municipal Mayors

From:
Director-General, Child and Family Bureau
Ministry of Health, Labour and Welfare
Official seal omitted

Regarding the “Q&A on Responses to Child Abuse and Related Matters Involving Religious Beliefs”

We would like to express our gratitude for your continued understanding and cooperation in the promotion of child welfare administration.

With respect to responses to cases of child abuse by parents or guardians arising against the background of religious beliefs or similar convictions, we have already requested, in the notice titled “Responses to Abuse Consultations at Municipalities and Child Guidance Centers” dated October 6, 2022, Child and Family Bureau Notice No. 1006-3, that you ensure, among other things, that a passive response is not taken solely because the matter involves religious belief.

In order to assist consultation responses at child guidance centers and municipalities, we have now organized examples of cases that may be considered to fall under child abuse, together with points to note when responding to such cases and support systems that may currently be used. These are set out in the attached document, “Q&A on Responses to Child Abuse and Related Matters Involving Religious Beliefs,” and are hereby provided together with the following matters.

We ask that you respond appropriately to cases of child abuse arising against the background of religious beliefs or similar convictions, taking into account the content of this Q&A and the purpose of the notice referred to above.

1. Basic Approach in Responding to Consultations

When determining, in the course of responding to consultations, whether a case falls under child abuse as defined in each item of Article 2 of the Child Abuse Prevention Act, it is necessary not to apply the examples of child abuse cases in the attached document mechanically.

Rather, each case should be assessed comprehensively in light of the child’s situation, the situation of the parent or guardian, the living environment, and other relevant circumstances. In doing so, it is necessary to make the assessment from the child’s perspective.

2. Dissemination of the Attached Q&A

We ask that you actively disseminate the content of this Q&A to relevant local organizations and institutions, including by making use of the framework of the Regional Council for Children Requiring Protection.

The content of this notice will also be disseminated by the Ministry of Education, Culture, Sports, Science and Technology to prefectural boards of education and other relevant bodies; by the National Police Agency to prefectural police departments; by the Ministry of Justice to legal affairs bureaus and other relevant bodies; and by the Consumer Affairs Agency to consumer affairs centers.

In addition, the Ministry of Health, Labour and Welfare will disseminate the content through social media and other means. If reports or notifications concerning cases of child abuse arising against the background of religious beliefs or similar convictions are made by these relevant institutions or by residents, we ask that you respond appropriately, while coordinating with relevant institutions as necessary.

3. Other Matters

The Child and Family Bureau of the Ministry of Health, Labour and Welfare is currently considering the preparation of training materials and related materials so that the content of the attached Q&A can be used in training for staff members of child guidance centers and other relevant bodies.

In addition, we are currently confirming specialized institutions that child guidance centers may consult for advice in providing consultation support and other assistance to children in relation to religious beliefs or similar convictions.

We will provide further information on these matters separately.

Q&A on Responses to Child Abuse and Related Matters Involving Religious Beliefs

Definition of Child Abuse and Examples of Child Abuse Cases

1. Basic Approach

Question 1-1

In determining whether or not a case constitutes child abuse, is there any respect in which cases involving religion are treated differently from other cases?

Answer

Even if the background to the case involves religious beliefs or similar convictions, including methods that stir up an individual’s anxiety through spiritual inspiration or other means that are difficult to verify rationally, if a parent or guardian engages in conduct that falls within the definition of child abuse set out in each item of Article 2 of the Child Abuse Prevention Act, it is necessary to take measures to ensure the child’s safety, including temporary protective custody where appropriate, in the same manner as in abuse cases arising from other reasons.

Child guidance centers and municipalities are required to respond promptly to cases involving religious beliefs or similar convictions when conduct suspected of constituting child abuse is present. In doing so, they should take into account, among other things, that Article 14 of the Convention on the Rights of the Child provides that the child’s right to freedom of thought, conscience, and religion should be respected, and that children do not necessarily believe in a religion or similar conviction based on their own free will.

Questions 2-1 through 5-2 below provide examples of child abuse cases that may arise against the background of religious beliefs or similar convictions. When determining whether a case falls under child abuse as defined in each item of Article 2 of the Child Abuse Prevention Act, these examples should not be applied mechanically.

Rather, it is necessary to make a comprehensive assessment in light of the child’s situation, the situation of the parent or guardian, the living environment, and other relevant circumstances. In doing so, the assessment should be made from the child’s perspective.

Question 1-2

How should authorities respond when a parent or guardian commits an act that constitutes child abuse after being instructed, encouraged, or induced to do so by a third party, such as a member, believer, or other person connected with a religious organization?

Answer

Acts of child abuse may constitute crimes such as assault, bodily injury, forcible indecency, forcible sexual intercourse, or abandonment by a person responsible for protection. In addition, acts of instructing, encouraging, or assisting such crimes may give rise to liability as a co-principal under Article 60 of the Penal Code, an instigator under Article 61, or an accessory under Article 62.

For this reason, when responding to such cases, it is necessary to ensure appropriate cooperation with the police, including promptly sharing information with them.

Child guidance centers should consider the best interests of the child. If it is necessary to file a criminal complaint regarding acts of child abuse, they should not hesitate to consult the police.

2. Physical Abuse

Question 2-1

Would a case in which a child is forced to participate in religious activities or similar activities through corporal punishment constitute child abuse?

Answer

Regardless of the reason, corporal punishment that causes, or may cause, injury to a child’s body constitutes physical abuse. This includes corporal punishment used to force a child to participate in religious activities or similar activities.

Question 2-2

Would it constitute child abuse if, while a child is participating in a religious event such as a lecture on doctrine, a parent or guardian slaps the child or strikes the child with a whip because the child was not listening seriously or had fallen asleep?

Answer

Regardless of the reason, committing violence against a child, such as hitting the child or striking the child with a whip, constitutes physical abuse.

Question 2-3

Would the following acts constitute child abuse: making a child participate in religious activities such as worship or lectures on doctrine and forcing the child to remain unable to move for a long period by requiring specific movements or postures, such as full-body prostration; or forcing the child to participate in religious activities late into the night?

Answer

An act of forcing a child to remain unable to move for a long period by requiring specific movements or postures constitutes physical abuse.

In addition, forcing a child to participate in religious activities or similar activities until a time of day that may interfere with the child’s schooling or daily life constitutes neglect, as it is inappropriate from the perspective of the child’s development and the care of the child.

Other acts described in the answer to Question 3-1 constitute psychological abuse.

3. Psychological Abuse

Question 3-1

Would the following conduct constitute child abuse: repeatedly instilling fear in a child from early childhood by forcing participation in religious activities or missionary activities, forcing life choices, using severe verbal reprimands, or using spiritually threatening language?

Also, what about ignoring a child or constantly taking a rejecting or discriminatory attitude toward the child for the purpose of making the child participate in religious activities or because the child is reluctant to participate?

Answer

The following acts constitute psychological abuse or neglect:

• threatening a child by using statements such as “If you do this / if you do not do this, you will go to hell” or “You will be destroyed”;
• using videos or materials that stir up fear;
• instilling fear in the child;
• forcing the child to participate in religious activities or similar activities by continuously showing a rejecting attitude, such as ignoring or harassing the child; or
• obstructing the child’s free decision-making regarding future educational paths, employment, or similar matters, including refusing to sign documents that require parental consent or refusing to fill in emergency contact information.

Question 3-2

Would it constitute child abuse to uniformly restrict a child’s friendships or marriage with people who do not believe in a particular religion, including uniformly restricting participation in ordinary events such as birthday parties?

Also, what about repeatedly making statements in daily life that criticize such people in front of the child?

Answer

If a child’s friendships, which are generally considered socially normal in light of the child’s age and level of development, are uniformly restricted in a way that impairs the child’s social development, this constitutes neglect.

In addition, as a means of restricting friendships or marriage, the following acts constitute psychological abuse if they cause the child strong fear:

• continuously using threats or rejecting attitudes described in the answer to Question 3-1;
• referring to the child’s friends, teachers, or other persons with whom the child has relationships as “enemies,” “Satan,” or similar names.

Question 3-3

Would it constitute child abuse to prohibit a child entirely from entertainment such as fairy tales, anime, manga, or games for reasons based on religious doctrine or similar grounds?

What about limiting the child only to entertainment approved by a religious organization or similar body?

Answer

Prohibiting entertainment or similar activities for the purpose of contributing to the child’s care and education does not immediately constitute child abuse.

However, uniformly prohibiting entertainment or similar activities that are considered age-appropriate for the child according to socially accepted standards, on the grounds of religion or similar beliefs, constitutes psychological abuse.

In addition, limiting the child only to items approved by a religious organization or similar body also constitutes psychological abuse as conduct that impairs the child’s free will, even if it is based on religious beliefs or similar convictions, unless the restriction is recognized as a reasonable limitation based on educational considerations or similar reasons.

Question 3-4

Would it constitute child abuse to force a child to declare in front of others that the child believes in a religion or similar belief?

Answer

The following acts seriously hurt the child’s feelings and constitute psychological abuse:

• forcing a child to declare that the child believes in a religion when the child does not in fact believe in that religion; or
• forcing a child to disclose to others the religion or similar belief that the child believes in, without considering the child’s wish not to have that belief known by others.

This includes forcing a child to wear accessories or similar items that objectively make it clear that the child believes in a particular religion.

Question 3-5

Would it constitute child abuse or child labor if a religious organization or similar body, or a child’s parent or guardian acting under instructions from such an organization or body, repeatedly makes the child participate in religious missionary activities?

Answer

Acts of forcing a child to engage in religious missionary activities or similar activities through conduct such as that described in Questions 3-1 and 3-2 constitute psychological abuse.

Furthermore, if threats or violence are used to make a child participate in religious missionary activities, such conduct may constitute the crime of coercion under the Penal Code. Therefore, when responding to such cases, it is necessary to cooperate with the police, including promptly sharing information with them.

In addition, where a person, based on a belief that the activity is religious service or training, is engaged in work similar to that of an ordinary worker, such as reception or clerical work, and receives remuneration, whether that person falls within the definition of a worker is to be determined case by case, in light of the specific working conditions and actual circumstances. It should therefore be noted that such a person may fall within the definition of a worker.

Child guidance centers should keep these points in mind. In cases where there is a suspicion that such situations are occurring, they need to respond in cooperation with the police and the Labour Standards Inspection Office.

4. Neglect

Question 4-1

Would it constitute child abuse to cause a child to join a religion or similar group, including cases where the child is treated in practice as a believer, if that religion or group teaches conduct that violates specific laws or otherwise significantly deviates from social acceptability, and effectively compels its believers to engage in such conduct?

Answer

As stated in the answer to Question 3-1, forcing a child to engage in religious or similar conduct constitutes psychological abuse.

In addition, if a parent or guardian is aware that there is a person who directly, or through a third party, induces the child to engage in conduct that significantly deviates from social acceptability, and the parent or guardian nevertheless causes the child to join such a religion, or otherwise fails to take action to prevent such conduct, this constitutes neglect.

In cases involving religious beliefs or similar convictions, it is also possible that the parent or guardian may not be aware of the situation. In such cases, while taking into account the points stated in the answer to Question 6-1, the authorities should provide guidance and other necessary responses, and should consider temporary protective custody where necessary.

Question 4-2

Would it constitute child abuse if a parent or guardian’s spending of money through religious activities or similar activities, regardless of whether it is called a donation, contribution, or otherwise, causes serious disruption to family life, so that appropriate housing, clothing, food, or other necessities are not provided from the perspective of the child’s care environment?

Would it also constitute child abuse if such spending interferes with the child’s opportunities to attend or advance to elementary school, junior high school, high school, or university?

Answer

If a child is not provided with appropriate housing, clothing, food, or other necessities from the perspective of the child’s care environment, this constitutes neglect. This includes cases where family life is disrupted as a result of spending money through religious activities or similar activities.

Similarly, if such conduct makes it difficult for a child to attend, enroll in, or advance through elementary school or junior high school, which constitute compulsory education, this also constitutes neglect.

With respect to high school attendance or advancement, if the child wishes to attend or advance to high school and the parent or guardian refuses to allow this without a reasonable reason, on the basis of the doctrine of the religion or similar belief that the parent or guardian believes in, such conduct constitutes neglect or psychological abuse as conduct that harms the child’s independence and feelings.

With respect to university attendance or advancement, see the answer to Question 4-3.

In such cases, the child may be able to exercise, on behalf of the parent or guardian, the right of rescission or other rights under Article 8, paragraph 1 of the Act on the Prevention of Unjust Solicitation of Donations by Corporations and Other Organizations, in order to preserve the child’s right to claim support from the parent or guardian.

In order for the child actually to exercise such rights, the child must first make a claim for support against the parent or guardian and establish the claim relating to the duty of support, and then exercise the right of rescission.

If litigation or other legal proceedings are necessary, normally the parent or guardian, as the person with parental authority, would file the action or take similar steps. However, if there is no legal representative, such as where the person with parental authority has been subject to suspension of parental authority, or if the legal representative is unable to exercise the power of representation, it is considered necessary for the child to have a special representative appointed by the court in order to make such claims.

To have a special representative appointed, an application must be filed with the court. In practice, it is conducive to smooth proceedings for a lawyer to act on behalf of the child. Therefore, when child guidance centers or similar bodies respond to such cases, it is necessary for them to cooperate with relevant organizations such as bar associations.

Bar associations have systems under which, if certain requirements are met, a child may be able to retain a lawyer without bearing the cost.

Question 4-3

Would it constitute child abuse if, against the background of religious beliefs or similar convictions, a child is not permitted to advance to high school, university, or similar education?

Answer

With respect to attendance at or advancement to high school, the same applies as stated in the answer to Question 4-2.

With respect to an act of not permitting a child to advance to university, including refusing to sign documents that require parental consent, refusing to fill in emergency contact information, or refusing to allow the child to work part-time in order to obtain money necessary for tuition or other expenses, such conduct does not in itself immediately constitute child abuse.

However, if the child wishes to advance to university and advancement is possible in light of the household’s financial situation, including through the use of scholarships or other support, yet the parent or guardian prohibits advancement on the basis of religious doctrine or similar grounds by such means as the following, the conduct constitutes psychological abuse:

• threatening the child by saying, for example, “If you do this / if you do not do this, you will go to hell”;
• trying to make the child give up by saying, for example, “The world will end, so going to school is pointless”; or
• continuously showing a rejecting attitude, such as ignoring the child or refusing financial support.

Question 4-4

Would it constitute child abuse if a parent or guardian consumes income earned by a child through part-time work or similar means for religious activities or similar purposes, regardless of whether it is called a donation, contribution, or otherwise, against the child’s will?

What forms of support may be considered in such cases?

Answer

If a parent or guardian, taking advantage of the right to manage the child’s property, takes income earned by the child through part-time work or similar means, including scholarships loaned or granted to the child in relation to attendance at or advancement to high school, university, or similar education, and consumes it against the child’s will for a purpose that is objectively clearly unrelated to the child’s present life or future, such conduct constitutes psychological abuse.

This is because it seriously hurts the child’s feelings, including by betraying the child’s trust.

Income earned by the child through part-time work or similar means is the child’s property. Therefore, if the parent or guardian consumes such property against the child’s will for a purpose unrelated to the child’s present life or future, the parent or guardian may be liable in tort toward the child.

In addition, if the parent or guardian, induced by a religious organization, donates the child’s property without authorization, the religious organization may be liable in tort toward the child, and the child may be able to claim damages directly against the religious organization.

Furthermore, it may also be possible for the director of the child guidance center to file a petition for a ruling on loss of property management rights under Article 835 of the Civil Code and Article 33-7 of the Child Welfare Act. After obtaining such a ruling, the director may file a petition for the appointment of a guardian of a minor under Article 33-8, paragraph 1 of the Child Welfare Act.

The guardian of the minor may then, as the child’s legal representative, make a claim for support against the parent or guardian, establish the claim relating to the duty of support, and exercise the right of rescission or other rights under Article 8 of the Act on the Prevention of Unjust Solicitation of Donations by Corporations and Other Organizations.

Question 4-5

Would it constitute child abuse if, for reasons based on the teachings or rules of the religion believed in by the parent or guardian, the parent or guardian does not allow medical treatment necessary for the child, such as blood transfusion?

Answer

Regardless of the reason, an act of not allowing a child to visit a medical institution without a reasonable reason, or not allowing the child to receive medical treatment that a physician has determined to be necessary, including surgery, medication, or blood transfusion, constitutes neglect.

This includes forcing the child to carry a card or similar document expressing refusal of blood transfusion.

Where necessary, emergency responses through temporary protective custody, or a petition by the director of the child guidance center for suspension of parental authority under Article 834-2 of the Civil Code and Article 33-7 of the Child Welfare Act, should be considered.

Question 4-6

Would it constitute child abuse to restrict a child from participating in various school events or similar activities for reasons based on the teachings or rules of the religion believed in by the parent or guardian?

Answer

Even if the restriction is based on religious beliefs or similar convictions, if the child wishes to participate in school events or similar activities, and the parent or guardian restricts participation without considering the need to secure appropriate care for the child or educational opportunities, such conduct constitutes psychological abuse or neglect.

Question 4-7

If a parent or guardian significantly neglects the care of a child, this constitutes neglect. Would it also constitute child abuse if the background to such neglect involves religious or similar activities, such as service activities, missionary activities, training meetings, seminars, or pilgrimages to sacred places?

Answer

If a parent or guardian significantly neglects the care of a child because of participation in religious or similar activities, such as service activities, missionary activities, training meetings, seminars, or pilgrimages to sacred places, this constitutes neglect, even if the background involves solicitation or other involvement by a religious organization or similar body.

Question 4-8

At the time when a child is advancing in education or choosing employment, would it constitute child abuse to force the child’s educational or career path for reasons based on religious doctrine or similar grounds, without regard to the child’s own wishes or choices?

Answer

The following acts constitute psychological abuse:

• threatening the child with words such as “If you do this / if you do not do this, you will go to hell,” on the basis of religious doctrine or similar grounds;
• continuously showing a rejecting attitude, such as ignoring the child; or
• substantially restricting the child’s advancement in education or employment by refusing to sign documents requiring parental consent or refusing to fill in emergency contact information.

Question 4-9

Would it constitute child abuse if violence, oppressive words, or oppressive attitudes are directed at a child within facilities owned by a religious organization or similar body, or at events organized by such a body, and the parent or guardian does not take any particular steps to address such conduct?

Answer

If a parent or guardian is aware that, within facilities owned by a religious organization or similar body or at events organized by such a body, the child is subjected to violence, oppressive words or attitudes, or other conduct described in this Q&A as child abuse, and the parent or guardian fails to take steps to ensure the child’s safety, this constitutes neglect.

Question 4-10

If a minor girl has become pregnant in a manner that was not based on her own will, such as through sexual victimization, and she wishes to have an abortion, would it constitute child abuse if the person with parental authority refuses to consent to the abortion procedure for reasons based on religious doctrine?

How should such cases be handled?

Answer

In the case of an induced abortion for a minor girl, if:

1. the girl herself has clearly expressed her wish to have an induced abortion, and the pregnancy resulted from sexual intercourse while she was unable to resist or refuse because of violence or intimidation; or
2. continuation of the pregnancy or delivery would be likely to seriously harm the health of the mother physically or economically;

then refusal by the person with parental authority to consent to the induced abortion constitutes neglect, regardless of the reason.

In such cases, the authorities should cooperate with a physician designated under the Maternal Health Act and consider responses including suspension of parental authority and applications for provisional measures, in order to ensure that the necessary induced abortion can be received.

5. Sexual Abuse

Question 5-1

Would it constitute child abuse to show a child materials containing sexual expressions inappropriate for the child’s age, or to convey such expressions orally, under the name of education for learning religious doctrine or similar matters?

Answer

The following conduct constitutes sexual abuse, even if it is done under the name of learning religious doctrine or similar matters:

• showing a child sexual organs or sexual intercourse;
• showing a child materials or videos containing sexual expressions inappropriate for the child’s age, such as words or illustrations referring to sex, masturbation, or obscenity; or
• conveying such expressions orally to the child.

Question 5-2

Would it constitute child abuse to force a child, as part of religious activities, to speak about the child’s own sexual experiences or similar matters to staff members or other related persons of a religious organization?

Answer

Forcing a child to disclose the child’s own sexual experiences to others constitutes sexual abuse.

In addition, even if the parent or guardian does not directly engage in such conduct, if the parent or guardian knows that the child is being placed in a situation where such conduct is carried out and fails to take any particular steps to prevent it, this constitutes sexual abuse or neglect.