open access

https://hdl.handle.net/2115/99425

Advocacy Reforms in Japan and Germany

日本語

Article 12 of the United Nations Convention on the Rights of Persons with Disabilities (CRPD)

2026-03-31

北海道大学公共政策大学院

Annals, Public Policy Studies

20

47-69

23

The 2023 reform of German custodianship law placed central emphasis on the principle embodied in Article 12(3) of the Convention on the Rights of Persons with Disabilities―namely, the State's responsibility to support persons with disabilities in exercising their legal rights autonomously. To this end, the reform prioritizes the use of social welfare services and other forms of assistance so as to minimize the application of custodianship. At the same time, the amended legislation mandates rigorous respect for the wishes and preferences of persons under custodianship and persons with disabilities, as well as the systematic provision of decision-making support. In addition, Custodianship Organization Act was introduced to comprehensively regulate the duties and supervision of institutions involved in custodianship activities, including custodianship authorities and custodianship associations. Japan should draw on the German reform experience and implement similarly detailed and carefully calibrated measures in order to build a society that supports persons with disabilities in exercising legal agency on their own.

紀要論文

Version of Record

1881-9818

AA12291642