Ariticle27Food, clothing, a safe home
- States Parties recognize the right of every child to a standard of living adequate for the child's physical, mental, spiritual, moral and social development.
- The parent(s) or others responsible for the child have the primary responsibility to secure, within their abilities and financial capacities, the conditions of living necessary for the child's development.
- States Parties, in accordance with national conditions and within their means, shall take appropriate measures to assist parents and others responsible for the child to implement this right and shall in case of need provide material assistance and support programmes, particularly with regard to nutrition, clothing and housing.
- States Parties shall take all appropriate measures to secure the recovery of maintenance for the child from the parents or other persons having financial responsibility for the child, both within the State Party and from abroad. In particular, where the person having financial responsibility for the child lives in a State different from that of the child, States Parties shall promote the accession to international agreements or the conclusion of such agreements, as well as the making of other appropriate arrangements.
This article stipulates the right to a standard of living necessary for the development of the child. It also states that the responsibility for securing such a standard of living rests first with the parents, and that the government shall provide support to enable the parents to fulfill their responsibilities. It also describes the measures that the government will take to ensure child support.
Paragraph 1 stipulates the child's right to a standard of living adequate, and specifies that it must be sufficient for the child's physical, mental, moral, and social development. However, there is no definition of “standard of living adequate” in this article, which can vary depending on the social and economic circumstances of the country. In Japan, it is interpreted to mean a standard of living equivalent to “the minimum standards of wholesome and cultured living” (Article 25 of the Constitution). Paragraph 2 indicates that parents and guardians have the basic responsibility “within their abilities and financial capacities” for their children's right to the standard of living stipulated in paragraph 1.
Paragraph 3 establishes that in order to ensure a standard of living adequate for children, States parties have a responsibility to undertake the necessary measures to assist parents and guardians. In particular, assistance with nutrition, clothing, and housing will be provided where necessary. Paragraph 4 provides that the State Party shall take measures to secure child support from the parent or guardian to ensure a standard of living adequate for the child whether the parents or guardians are in or out of the country. It requires that when a parent or guardian is abroad, the child support be made to be paid through an international agreement. Specific cases in which measures to secure child support are required include divorce or separation of the parents.
In Japan, it has been pointed out that the rights of the child stipulated in this article have not been adequately addressed in domestic laws, such as the social security system for children as described in the explanation of Article 26. Even when laws are in place, it is pointed out that they are inadequate in terms of content, such as limiting the range of those supported. In addition, there is a situation in which a “standard of living adequate for children” is not ensured, such as the problem of young caregivers, and improvement is required. On the other hand, some believe that the standard of living has been met, as provided for in the Constitution, the Public Assistance Act, the Maternal and Child Health Act, the Child Welfare Act, the Public Housing Law, and other laws.