Japan’s Efforts to Prevent Sexual Misconduct in Schools: Are Private Institutions Falling Behind?
In recent years, Japan has taken significant legislative steps to protect children from sexual abuse by educational personnel. However, a new survey reveals a troubling gap in compliance among private schools, raising concerns about the effectiveness of these measures and the safety of students nationwide.
What Does the Law Require?
In May 2021, Japan enacted the Law on the Prevention of Sexual Violence against Children by Educational Personnel. This law mandates that all schools—public and private—must check a national database before hiring teachers, to ensure that individuals previously disciplined or stripped of their teaching licenses for indecent acts are not rehired. The database, operational since fiscal 2023, is intended to serve as a critical safeguard against repeat offenders returning to the classroom.
The law also introduced stricter procedures for reissuing teaching licenses to those previously disciplined for sexual misconduct. The goal is clear: to prevent individuals with a history of sexual offenses from working with children again.
How Does the Database Work?
The database lists the names of former teachers who have been disciplined or had their licenses revoked due to indecent acts. Education boards register for public schools, while private school corporations are responsible for registering and using the database as part of their hiring process. The system is modeled after the United Kingdom’s Disclosure and Barring Service (DBS), which allows organizations to check the criminal backgrounds of individuals working with children or vulnerable groups.
Japan plans to expand this system further by 2026, launching a “Japanese version of the DBS” that will allow businesses to refer to the Justice Ministry’s database through the Children and Families Agency. This will enable broader checks on the sex-related criminal history of people working in child-related jobs, not just teachers.
Survey Reveals Widespread Non-Compliance Among Private Schools
Despite the clear legal requirements, a recent survey conducted by the Ministry of Education, Culture, Sports, Science and Technology (MEXT) found that 75% of private school corporations have never used the national database to check the backgrounds of prospective teachers. The survey, carried out between May and August 2023, targeted 8,164 private school operators across Japan and received responses from 7,258 entities.
Of those who responded, 3,062 said they had not registered for the database at all, while 2,418 had registered but had not used it. This means that 5,480 private school operators—three-quarters of respondents—have not accessed the database, despite the legal obligation to do so.
Many respondents cited a lack of awareness about the requirement or mistakenly believed the database was only for checking the validity of teaching licenses, not for screening for past sexual misconduct. This points to a significant gap in communication and understanding of the law’s intent and requirements.
Why Is Compliance So Low?
Experts and officials have identified several reasons for the low compliance rate among private schools:
- Lack of Awareness: Many private school operators were unaware that using the database was a legal obligation.
- Misunderstanding the Database’s Purpose: Some believed it was only for verifying teaching licenses, not for checking disciplinary history.
- Insufficient Guidance: Municipalities, which are responsible for overseeing private schools, often lack the personnel and resources to ensure compliance with new regulations.
Professor Takashi Sakata of Shukutoku University, an expert on school compliance, commented on the situation. He explained,
Municipalities lack sufficient personnel to guide private schools on compliance with laws and regulations. The national government should encourage schools to take action, such as publicly disclosing the names of school corporations that are not using the database.
After the survey results were published, the education ministry issued a notice through prefectures and designated cities, urging private schools to ensure thorough use of the database. However, the effectiveness of these reminders remains to be seen.
Public vs. Private: A Tale of Two Systems
While all public education boards have registered for the database, the ministry has not confirmed whether they use it consistently in the hiring process for all applicants. This lack of oversight raises questions about the uniformity of background checks even within the public sector.
In contrast, the private sector’s compliance is even more concerning. Private schools in Japan operate with a significant degree of autonomy, often managed by school corporations that may not have the same level of oversight or resources as public institutions. This autonomy, while beneficial in some respects, can lead to gaps in the implementation of important safety measures.
Why Are Private Schools Important in Japan?
Private schools play a significant role in Japan’s education system, offering alternative curricula, religious instruction, or specialized programs. They are often seen as prestigious and attract students from diverse backgrounds. However, their independence also means that government oversight is less direct, making the enforcement of new regulations more challenging.
Recent Incidents Highlight the Risks
The urgency of enforcing background checks is underscored by recent incidents involving teachers accused of sexual misconduct. In June, Aichi prefectural police arrested two city-run elementary school teachers in Nagoya and Yokohama on suspicion of taking indecent photos of girls and sharing them on social media among teachers. Such cases are not isolated, and both public and private schools have seen similar scandals in recent years.
These incidents have fueled public concern and increased pressure on authorities to ensure that all schools, regardless of their status, are taking every possible step to protect students from harm.
How Does Japan’s Approach Compare Internationally?
Japan’s move to create a national database for background checks is modeled after the United Kingdom’s Disclosure and Barring Service (DBS). The UK’s DBS system is widely regarded as a gold standard for safeguarding children and vulnerable adults. It allows employers to check whether a person has a criminal record or is barred from working with children.
Other countries, such as the United States and Australia, also have robust systems for background checks in educational settings. In the US, for example, most states require fingerprint-based background checks for teachers, and some maintain their own databases of disciplined educators. Australia’s “Working with Children Check” is mandatory for anyone working with children, including teachers, coaches, and volunteers.
Japan’s efforts to implement a similar system are a positive step, but the current lack of compliance among private schools suggests that more work is needed to achieve the level of protection seen in other developed countries.
What Are the Broader Implications?
The failure of many private schools to use the national database has significant implications for child safety and public trust in the education system. If individuals with a history of sexual misconduct can slip through the cracks and return to teaching, the risk to students remains unacceptably high.
Moreover, the situation highlights broader challenges in Japan’s approach to regulating private education. The balance between autonomy and accountability is delicate, and the current system may not provide sufficient oversight to ensure that all schools are meeting their legal and ethical obligations.
What Needs to Change?
Experts and advocates have called for several measures to improve compliance and protect students:
- Increased Awareness and Training: School operators need clear guidance and training on their legal obligations and the purpose of the database.
- Stronger Oversight: Municipalities and the national government should increase monitoring and enforcement, possibly including public disclosure of non-compliant schools.
- Streamlined Processes: Making the database easier to access and use could encourage more schools to comply.
- Broader Application: Expanding the system to cover all child-related jobs, as planned for 2026, will help close existing loopholes.
Ultimately, ensuring the safety of children in schools requires a coordinated effort from government agencies, school operators, and the broader community. The tools are in place, but they must be used effectively to achieve their intended purpose.
In Summary
- Japan’s 2021 law requires all schools to check a national database for teachers disciplined for sexual misconduct before hiring.
- A recent survey found that 75% of private school operators have never used the database, despite the legal obligation.
- Many private schools cite lack of awareness or misunderstanding of the law as reasons for non-compliance.
- Recent incidents of teacher misconduct highlight the urgent need for effective background checks.
- Experts call for increased oversight, better training, and public disclosure of non-compliant schools to protect students.
- Japan plans to expand its background check system by 2026, aiming for broader coverage and stronger safeguards.
