2013 Fiscal Year Final Research Report
Reconstruction of the Adult Guardianship System compatible with the CRPD
| Project/Area Number |
23530087
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| Research Category |
Grant-in-Aid for Scientific Research (C)
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| Allocation Type | Multi-year Fund |
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| Section | 一般 |
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| Research Field |
Civil law
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| Research Institution | Niigata University (2013)
University of Tsukuba (2011-2012) |
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Principal Investigator |
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| Project Period (FY) |
2011 – 2013
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| Keywords | 成年後見制度 / 制限行為能力制度 / 法定代理権制度 / 障害者権利条約 / 意思決定支援 / legal capacity / 国際情報交換 / 多国籍 |
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| Research Abstract |
The purpose of this study is to sort out the issues of a conflict between the Convention on the Rights of Persons with Disabilities (CRPD) and Japanese Adult Guardianship Law, and to consider the direction of improvements in order to reconstruct the new Guardianship system suitable for the CRPD. First, I attempted to closely review the discussions about the wording of the CRPD during the sessions of the UN Ad Hoc Committee. Second, I examined the Declarations and Reservations to Article 12 of the CRPD which were made by some States Parties. And finally, I surveyed all the Concluding Observations which were published by the Committee on the Rights of Persons with Disabilities. On the basis of these observations, it can be said that the Committee has been increasingly emphasizing the concept of 'paradigm-shift from substituted decision-making to supported decision-making'. As a result, there is a high possibility that they will completely disapprove of the current Japanese guardianship.
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