@misc{oai:niigata-u.repo.nii.ac.jp:00005490,
 author = {Theint, Theint Htwe},
 month = {Mar},
 note = {Ensuring and protecting the rights of children is an important matter across the world. It is said that the progress of a State may be measured by the extent to which it safeguards the right of its children. Myanmar, one of the developing countries, is still in a struggle to protect its children's rights fully. For that reason, this thesis was carried out with two purposes: 1. to explore the practicing laws and the means of resolution of child-related disputes after the dissolution of parents' relationship in Japan, England and Wales and Myanmar, and 2. to find out an appropriate way to improve the current practice in Myanmar by reference to the experiences of Japan and England and Wales. The above-mentioned three countries, Myanmar, Japan and England and Wales (one of the three separate jurisdictions of the UK) are the State parties to the United Nations Convention on the Rights of the Child 1989: Myanmar and the UK ratified the Convention in 1991 and Japan in 1994. Article 3(1) of the Convention provides the general principle that 'in all actions concerning children, whether undertaken by public or private social welfare institutions, courts of law, administrative authorities or legislative bodies, the best interests of the child shall be a primary consideration'. This is an international obligation to apply the best interest principle to all children below the age of 18 years unless, under the law applicable to the child, majority is attained earlier. Article 3(2) of the Convention provides that 'State parties undertake to ensure the child such protection and care as is necessary for his or her well-being, taking into account the rights and duties of his or her parents, legal guardians, or other individuals legally responsible for him or her, and, to this end, shall take all appropriate legislative and administrative measures'. Accordingly, Myanmar, Japan and England and Wales are obliged to secure the conventional rights of children by providing adequate legal and administrative instruments and whether they meet their obligations was examined in the thesis. Moreover, for the purpose of finding an appropriate way to improve the current practice relating to children, especially contact and maintenance issues, in Myanmar, a comparative study is crucial for obtaining relevant information on how national legislation works to secure the conventional rights of children. Therefore a comparative study of Japan and England and Wales was carried out., In Japan, there was a recent legal development to abolish the discrimination against illegitimate children regarding the inheritance rights although the terms 'legitimate' and 'illegitimate' are still applied. The matters of contact and child maintenance are inserted in the Civil Code as the matters to be considered at the time of parents' divorce. In England and Wales, all forms of discrimination against illegitimate children had eliminated in 1987. The conventional rights of children to contact with non-resident parent and to have the financial support from both parents are secure by the national legislation with the sufficient external assistance from a number of voluntary organizations. Accordingly, it could be pointed out that children in England and Wales are well provided their conventional rights whilst those in Japan are fairly protected. In Myanmar, however, some practices regarding the resolution of child-related disputes at the time of marital dissolution seem not to comply with the Convention. There is no legislation to provide children with their conventional rights of contact with his noncustodial parent after parents' divorce or separation. Regarding child maintenance, the general law for all religions and the respective family law of each religion group allow the child claiming a financial support from their noncustodial father. In case the noncustodial parent is the child's mother, she is not legally obliged to provide a financial support with her child. Furthermore, under the Guardians and Wards Act 1890, a father will be given a priority to be appointed as a person of caring the child although 'the best interest principle' is applicable to the court proceedings in which the welfare of the child may be affected. In addition, discrimination against illegitimate children still exists. Unlike Japan and England and Wales, in Myanmar, the majority of statutory laws relating to children were based on the old principles and were enacted in many years ago. They are still effective without major changes. It is in fact that some provisions in these laws are outdated and fail to provide the conventional rights of children fully. Therefore, it is necessary that the laws relating to children shall be revised or reformed in order to comply with the Convention as well as to promote the welfare of children in Myanmar., 学位の種類: 博士（法学）. 報告番号: 甲第3894号. 学位記番号: 新大院博（法）甲第28号. 学位授与年月日: 平成26年3月24日, 新大院博（法）甲第28号},
 title = {The Resolution of Child-related Disputes after the Dissolution of Parents' Relationship, A Comparative Study in Japan and England and Wales : Lessons for Myanmar},
 year = {2014}
}