Ariticle23Children with disabilities
- States Parties recognize that a mentally or physically disabled child should enjoy a full and decent life, in conditions which ensure dignity, promote self-reliance and facilitate the child's active participation in the community.
- States Parties recognize the right of the disabled child to special care and shall encourage and ensure the extension, subject to available resources, to the eligible child and those responsible for his or her care, of assistance for which application is made and which is appropriate to the child's condition and to the circumstances of the parents or others caring for the child.
- Recognizing the special needs of a disabled child, assistance extended in accordance with paragraph 2 of the present article shall be provided free of charge, whenever possible, taking into account the financial resources of the parents or others caring for the child, and shall be designed to ensure that the disabled child has effective access to and receives education, training, health care services, rehabilitation services, preparation for employment and recreation opportunities in a manner conducive to the child's achieving the fullest possible social integration and individual development, including his or her cultural and spiritual development.
- States Parties shall promote, in the spirit of international cooperation, the exchange of appropriate information in the field of preventive health care and of medical, psychological and functional treatment of disabled children, including dissemination of and access to information concerning methods of rehabilitation, education and vocational services, with the aim of enabling States Parties to improve their capabilities and skills and to widen their experience in these areas. In this regard, particular account shall be taken of the needs of developing countries.
Paragraph 1 indicates that a child with disabilities and those taking care of him or her are entitled to special support. In Japan, there are two types of support given to those children under 20 years of age: the “special child support allowance” and the “welfare allowance for children with disabilities.”
① Special child support allowance
Eligibility: Provided to parents who are taking care of a mentally or physically disabled child under 20 years of age at home.
Monthly allowance:
Grade 2: 34,900 yen (from April 2022)
There are conditions that determine whether or not an allowance is paid. There is a limitation of income at which the allowance can be received.
About dependents
A family member who is a dependent is a person who is a relative of the person in question. In this case, the subject is 20 years old, but relatives include grandparents as well as grandchildren. Spouses are excluded. Dependents are those relatives who are supporting the person's life. In addition, those with disabilities are classified from Grade 1 to a maximum of Grade 6, depending on their condition and the severity of their disability. Whenever a doctor diagnoses a person with a disability, he or she will be issued a certificate called a “disability certificate,” which is like a passport for the disabled.
There are three types of handbooks: the “physical disability certificate,” the “mental disability certificate,” and the “intellectual disability certificate.” A physical disability certificate mainly describes grades of disabilities related to bodily functions, and the lower the grade, the more severe the condition (e.g., visual impairment, limb disability, disabilities of body organs or immunity, etc.). A mental disability certificate is issued to those diagnosed with a mental disability or developmental disability, and is classified into three grades (grade 1 to 3): unable to carry out daily activities, severely limited, and limited. An intellectual disability certificate is issued to those diagnosed with intellectual disabilities. Disabilities are divided into A and B. Those who are diagnosed with an intelligence quotient of 35 or less or an intelligence quotient of 50 or less and have other disabilities are mainly classified as A. Those who are diagnosed as B are classified as A. Other conditions are classified as B.
② Welfare allowance for children with disabilities
While the special child support allowance is available to almost all children with disabilities, the welfare allowance for children with disabilities is provided to “persons under 20 years of age who are homebound and in need of constant care in their daily lives due to a severe mental or physical disability.” The allowance is paid at a monthly amount of 14,850 yen (from April 2022). As with the special child support allowance, those with income above a certain level are not eligible to receive this allowance. Paragraph 2 demands that the government guarantee the observance of Article 3 of the Convention on the Rights of the Child, the "best interests of the child.” The services provided in Japan include: services to train children such as “medical-type child development support” and “child development support,” services to provide education such as “special support education,” and laws to provide allowances to support medical services.
Currently, the situation of children with disabilities in developing countries tends to be particularly weak. In countries where medical care and education are not well-developed, children may not be able to receive treatment for their disabilities, or the system of special-needs classes, which is well established in Japan, is not widespread, making cooperation among nations and through NGOs needed.