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A problem of the Japanese adult guardian system in aspect of Convention on the Rights of persons with disabilities

  • Legal Theory & Practice Review
  • Abbr : LTPR
  • 2015, 3(1), pp.77-94
  • Publisher : The Korea Society for Legal Theory and Practice Inc.
  • Research Area : Social Science > Law

Oh, Ho-Cheol 1

1신경대학교

ABSTRACT

The population ratio of aged 65 and over in the total population of Japan was 24.2% on 2012, according to the definition of UN, Japan is getting into super-aged society. The aging percentage of Japan has been increasing continually, so it will be 29.1% on 2020, 31.6% on 2030, 36.1% on 2040, 38.8% on 2050 and 39.9% on 2060. Such aging of society is not only problem for Japan but also Taiwan and China including Korea in East Asia. Therefore, Japan, Taiwan and China including Korea in East Asia is improving law for aging society. One of them is that they are executing the adult guardian system or preparing to make a law for executing the adult guardian system. Recently, Japan has ratified UN Convention on the Rights of persons with Disabilities, so they are discussion for designing the suitability between Convention on the Rights of persons with Disabilities and the Japanese adult guardian system. Especially, the regulation of Article 12 on Convention of the Rights of persons with Disabilities is taking the lead in revision discussion of the Japanese adult guardian system. Then, this article reviewed the implications of the Korean adult guardian system, while examining suitability between the adult guardian system and convention on the rights of person with disabilities in Japan

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