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legislation prescribes that members of the School Governance Committee be
representatives of teachers, parents, and local community; but participation of the students
is not formally recognized.
2) Questions
48. What would be the measures to guarantee participation of the students during the
decision making process, e. g. the School Governance Committee?
Issue 18. Respect for the Views of the Child in Administration and
Judiciary
1) Current status
49. The Child Welfare Act prescribes that when restricting the exercise of parental authority,
sentencing the loss of parental authority, or selecting a guardian of a child, the opinion of the
child should be respected. However, with the lack of regulation prescribing how to listen to
and respect the opinion of the child concerned in detail, it is difficult to apply the provision in
real cases.
50. In addition, the Act on Special Cases Concerning the Punishment, etc. of Child Abuse
Crimes, the Act on Special Cases Concerning Adoption, the Civil Act, the Family Litigation
Act, and the Rules on Family Litigation prescribe respect for and expression of the opinion of
the child who is older than 13 years old.
2) Questions
51. What is the process to listen to the opinion of the child under the provisions of the
related legislations? Please provide information on how the opinion of the child under the
age of 13 is taken into account by the current administration and judiciary and what would be
the measures to respect the opinion of the child under 13?
C. Civil Rights and Freedoms
(Arts. 7, 8, and 13-17 of the Convention)
Issue 19. Birth Registration