"Support Act on Children with Medical Care and Their Families" Passed and will Promote Inclusive Education

日本語に翻訳

     On June 11, the Diet adopted the "Support Act on Children with Medical Care and Their Families". It will enact at this September. The Support Act stipulates that local government should post medical staff to nursery, kindergarten, and schools if the children need medical care. Each prefecture should set up Support Center where children who need medical care and their families can consult daily problems. This Act is to diminish the burden for families who have children with medical care and prevent parents from losing their jobs. In Japan,  it's said that 20,000 children need medical care.

Japanese court ignore CRPD

 

（日本語へ）

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.

Teacher discriminate student

日本語へ

Japan ratified CRPD. But unfortunately, the discrimination case of people with disabilities happened at school by the teacher.

In this June, an elementary school teacher, work at Okinawa prefecture, said to a boisterous student “Please raise your hands if you are nosey or annoy” at the class with special class’s students. And she added to the student who did not rise hands “You should go to a special class too” and grabbed the student’s wrist. The teacher has explained to the investigation conducted by the school board “That was part of teaching, no malicious”.

 

 She may constantly have an awareness that special class children are annoying. Discrimination is never ended, as long as the segregated education is continuing.