よむ、つかう、まなぶ。
資料5障害者権利条約の対日審査結果について (13 ページ)
出典
公開元URL | https://www.mhlw.go.jp/stf/shingi2/0000195428_00060.html |
出典情報 | 社会保障審議会 障害者部会(第133回 10/17)《厚生労働省》 |
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CRPD/C/JPN/CO/1
(c)
Recognize in law Japanese sign language as an official language at the
national level, promote access to and the use of sign language in all areas of life, and
ensure the trainings and availability of qualified sign language interpreters.
Right to privacy (art. 22)
47.
The Committee is concerned that information about persons with disabilities may be
collected without neither their consent nor reasonable purpose by service providers within
private and public sectors, and that confidentiality and the protection of privacy of persons
with disabilities are not fully ensured by existing legislation, including the My Number Act
and the Act on the Protection of Personal Information.
48.
The Committee recommends that the State party strengthen its legislation on
data protection for persons with disabilities by ensuring that it is processed either on
the basis of the personal, free and informed consent of the data subject or other
legitimate non- discriminatory basis laid down by law, and that it is collected for
explicit, specified and legitimate purposes and not processed in a way incompatible with
those purposes, that it is processed lawfully, fairly and in a transparent manner, and
that the data subject has a right to an effective remedy.
Respect for home and the family (art. 23)
49.
The Committee notes with concern the:
(a)
Provision of the Civil Code (Article 770), discriminating persons on the
grounds of their psychosocial disability as setting it as condition of divorce;
(b)
Separation of children with disabilities from their families and their
institutionalization in particular living arrangements on the basis of their disability.
50.
The Committee recommends that the State party:
(a)
Repeal discriminatory provisions against persons with disabilities,
including Article 770 Paragraph 1 item iv of the Civil Code that sets psychosocial
disability as a condition of divorce;
(b)
Recognise the right of children with disabilities to family life and render
appropriate assistance, including early intervention and inclusive support, to parents
of children with disabilities, including to parents with disabilities, in the performance
of their child-rearing responsibilities to prevent families from being separated on the
basis of disability, and, when the immediate family is unable to care for them,
undertake every effort to provide them alternative care within the community in a
family setting.
Education (art. 24)
51.
The Committee is concerned about the:
(a)
Perpetuation of segregated special education of children with disabilities,
through medical-based assessments, making education in regular environments inaccessible
for children with disabilities, especially for children with intellectual or psychosocial
disabilities and those who require more intensive support, as well as the existence of special
needs education classes in regular schools;
(b)
Denials to admit children with disabilities to regular schools due to its
perceived and factual unpreparedness to admit them, and the ministerial notification issued
in 2022 by which students in special classes should not spend their time in regular classes for
more than half of their school time;
(c)
disabilities;
Insufficient provision of reasonable accommodation for students with
(d)
Lack of skills of and negative attitudes on inclusive education of regular
education teachers;
13
(c)
Recognize in law Japanese sign language as an official language at the
national level, promote access to and the use of sign language in all areas of life, and
ensure the trainings and availability of qualified sign language interpreters.
Right to privacy (art. 22)
47.
The Committee is concerned that information about persons with disabilities may be
collected without neither their consent nor reasonable purpose by service providers within
private and public sectors, and that confidentiality and the protection of privacy of persons
with disabilities are not fully ensured by existing legislation, including the My Number Act
and the Act on the Protection of Personal Information.
48.
The Committee recommends that the State party strengthen its legislation on
data protection for persons with disabilities by ensuring that it is processed either on
the basis of the personal, free and informed consent of the data subject or other
legitimate non- discriminatory basis laid down by law, and that it is collected for
explicit, specified and legitimate purposes and not processed in a way incompatible with
those purposes, that it is processed lawfully, fairly and in a transparent manner, and
that the data subject has a right to an effective remedy.
Respect for home and the family (art. 23)
49.
The Committee notes with concern the:
(a)
Provision of the Civil Code (Article 770), discriminating persons on the
grounds of their psychosocial disability as setting it as condition of divorce;
(b)
Separation of children with disabilities from their families and their
institutionalization in particular living arrangements on the basis of their disability.
50.
The Committee recommends that the State party:
(a)
Repeal discriminatory provisions against persons with disabilities,
including Article 770 Paragraph 1 item iv of the Civil Code that sets psychosocial
disability as a condition of divorce;
(b)
Recognise the right of children with disabilities to family life and render
appropriate assistance, including early intervention and inclusive support, to parents
of children with disabilities, including to parents with disabilities, in the performance
of their child-rearing responsibilities to prevent families from being separated on the
basis of disability, and, when the immediate family is unable to care for them,
undertake every effort to provide them alternative care within the community in a
family setting.
Education (art. 24)
51.
The Committee is concerned about the:
(a)
Perpetuation of segregated special education of children with disabilities,
through medical-based assessments, making education in regular environments inaccessible
for children with disabilities, especially for children with intellectual or psychosocial
disabilities and those who require more intensive support, as well as the existence of special
needs education classes in regular schools;
(b)
Denials to admit children with disabilities to regular schools due to its
perceived and factual unpreparedness to admit them, and the ministerial notification issued
in 2022 by which students in special classes should not spend their time in regular classes for
more than half of their school time;
(c)
disabilities;
Insufficient provision of reasonable accommodation for students with
(d)
Lack of skills of and negative attitudes on inclusive education of regular
education teachers;
13