2021/03/20

Japanese court ignore CRPD

 

Kazuki Kouzuka, eight years old boy who has severe physical and respiratory disable, and his parents have file lawsuit against Kawasaki city and Kanagawa Prefecture school district("District")for his appropriate placement on an elementary school. They assert in court that the District's placement is illegal. They requested repeatedly that he wants to enroll in a regular class, but District denies their request. The Yokohama court on March 18th found that District's measures are lawful and reject the plaintiff's assertion.
The decision didn't refer to CRPD at all. It didn't carefully review the agreement process of placement which became clear in the interrogation of a witness.
The big question is why it happens in signatory State of CRPD. The plaintiff lodged an appeal.
The court found as follows.
(a)Notification of enrollment, which District must send to the parents until the end of January, had a delay because of the agreement process. It cannot say illegal
(b) "Inclusive Education" includes special school
(c)His or her opinion and parent's opinions are just one fact for decision on placement. The law says "listen to opinion including expert's"
(d)District didn't listen to doctor and kindergarten teacher' opinions. But it doesn't influence the decision and reasonable accommodation because there is no misunderstanding of his medical situation
(e)Although Kawasaki city has run Sport Project for Medical Care, Kazuki couldn't be eligible for this project. It is not a lack of reasonable accommodation because of no precedent
(f)District's decision is lawful, its placement match educational needs, so it can not say lack validity.