かりるーむ株式会社(cariroom) cari.jp

監護権という理屈を用いた監禁擁 護の是正要求 2017/01


Request for Rectification of Support of Confinement Under the Logic of
Custody Rights
Rather than protecting the state of confinement brought about by one parent
(principally the mother), the right of the child to have the freedom to
choose and change his or her residence (Article 22 of the Constitution of
Japan) should be protected.
The current custody right has become the right to protect a state of
confinement. In Japan, if the female parent abducts/confines her child, she
is regarded as having custody from the moment of abduction/confinement, and
she is treated as having a strong right to custody.
All rights concerning children become able to be exercised by the female
parent (mother), and the male parent (father) does not have parental rights,
but only the obligation to pay money. It is also the freedom of the mother
not to let the child meet the other parent. The right to meet the child,
etc. has no practical effect.
Public institutions openly state the thinking that if confinement occurs,
the right of custody is formed (even if the child is unwilling), and the
confining parent may continue confinement. It similar to saying that if you
rape a person, it gives you the right to rape, and you can continue to rape
in the future.
In some cases, if a male parent continues custody for a long period of time,
priority may be given to the male parent, but concerning the state of
custody also, if the female parent starts confinement, she is protected, and
if the male parent starts it, there is a notable tendency for that right to
be obstructed or eliminated. Thus, it can be said that this is a system that
prioritizes the female parent. Moreover, regardless of which is prioritized,
the problem is the present situation in which the confiner's prioritized
right to confinement continues to prevail over child's rights (freedom).
Children placed in a situation in which their right to be free from being
held in bondage of any kind (Article 18 of the Constitution of Japan) is not
guaranteed, and there is no end to the unhappiness created by child abuse.
Even though women are favored to acquire custody of children, they are
unable to stop the abuse of their grandchildren, eventually making many
people unhappy.
We should abolish this kind of system, which has created a hotbed of child
abuse, and give priority to the right of self-determination of children
(freedom to choose and change residence) rather than prioritizing the right
of confiners to confine children.
The Constitution of Japan ensures the right to have the freedom to choose
and change his or her residence, and this right can be directly exercised
without the need for legislation. The legal system, government, police, and
public facilities (such as nursery schools) should be aware of this and
should not continue to justify confinement based on the concept of custody.