社会保障法における親子関係 : 出生と保育を中心に

抄録

1. Childbirth and Social Security Law After the childbirth rate in 1989 was down to 1.57(so-called "l.57shock" ), the Japanese Government began to take various policies to the diminishing population society. Until that time, the population was the given condition for the social security. But after 1990, the "1.57 shock" made the Japanese Government change its policy to the diminishing population society. In the beginning, the policy to diminishing population society harmonized with the gender equality policy that the Population Council recommended in 1997. However, recently, the former has been against the latter. Therefore, the policy to diminishing population society has been change to the policy to promote childbirth rate. The policy to support the expense of medical care for sterility is an example of such a policy. Moreover, the Government thinks that the Social Security Law is to be a tool to promote the population. But I think that the Social Security Law should be for people who are already given birth. 2. Childcare and Social Security Law The Civil Law prescribes that parents should have the right and duty to take care of their children. When parents can not take care of their children because of work, the Social Security Law provides "childcare-less children" with nursing service. In the diminishing population society, childcare has been taken attention the Government. And mothers who are housewives feel difficult to rear their children. And so, the policy to childcare was enlarged to them. I think that the policy to childcare should be thought from the viewpoint of children.