Impact of raising the age of children under the Child Welfare Law from under 18 to under 20
Impact of raising the age of children under the Child Welfare Law from under 18 to under 20
The term "child" under the Child Welfare Law is defined as "under 18 years of age" in reference to the fact that the Labor Standards Law defines children under 18 years of age as juveniles, and this is considered to be one protective age.
The term "child" under the Child Welfare Law is defined as a "child" with a disability in reference to the Labor Standards Law.
In principle, "children" (including those who are under 20 years old and have been receiving such medical support since they were under 18 years old) are eligible for medical support for pediatric chronic specified diseases. The medical support for pediatric chronically specified diseases is, in principle, provided to "children" (including those who are under 20 years old and have been receiving said medical support since they were under 18 years old).
(2) The use of children's self-reliant living assistance services is limited to those who are under 20 years of age. (2) Trends in lowering the age of majority, etc. (i) Passage of the Law Concerning Procedures for Revision of the Constitution of Japan (May 2007)
In May 2007, the Law Concerning Procedures for Revision of the Constitution of Japan was enacted, and those who are 18 years of age or older have the right to vote in the national referendum. The law is applicable to referendums with a due date on or after June 21, 2008.
In the Supplementary Provisions, a provision was added to the effect that "the provisions of the Public Offices Election Law, the Civil Code, and other laws and ordinances shall be reviewed and necessary legislative measures shall be taken so that persons aged 18 years or more but less than 20 years may participate in national elections," and until then, those eligible to vote in the referendum shall be aged 20 years or more. (2) Some parts of the Public Offices Election Law, etc. (2) Passage of the Act for Partial Revision of the Public Office Election Act, etc. (June 2015)
The law partially amending the Public Offices Election Law, etc. was enacted in June 2015, and the age of those who have the right to vote in elections for public offices was lowered from 20 years or more to 18 years or more. In the Supplementary Provision of the revised law, the provisions of the Civil Code, Juvenile Law, and other laws and regulations were reviewed and necessary legislative measures were taken in light of the fact that the age of those who have the right to vote in referendums and the age of those who have the right to vote was set at 18 years and above. (3) Proposal concerning the age of majority (September 17, 2015, Liberal Democratic Party Political Consultative Committee)
Based on (1) and (2) above, on September 17, 2015, the Liberal Democratic Party's Policy Research Council made a proposal on the ideal age of majority in the provisions of the Civil Code, Juvenile Law, and other laws. The Liberal Democratic Party will take legislative measures to lower the age of majority from 20 to 18 as promptly as possible, while taking into consideration the timing of enforcement, in order to enhance and strengthen current consumer education and other measures, as well as to ensure that the public is thoroughly informed. In principle, the age requirement for those laws that require a person to be at least (less than) 20 years of age should be 18 years of age or older. Reference Materials 3 (1) Disabled Children and Persons with Disabilities
The Child Welfare Law stipulates support available only for children with disabilities, and the Law for Comprehensive Support for the Daily Life and Social Life of Persons with Disabilities (Comprehensive Support Law) stipulates support available only for persons with disabilities and support available for both children and persons with disabilities.
Under the Child Welfare Law, a "disabled child" is defined as a "child" with disabilities. On the other hand, under the Comprehensive Support Law, "disabled children" are defined as persons under 18 years of age with disabilities, referring to the definition of disabled children in the Child Welfare Law, and "persons with disabilities" are defined as persons over 18 years of age.
○ If children under the Child Welfare Law are defined as those under 20 years of age, then there should be sufficient discussion on the issue of making disabled children under 20 years of age and disabled persons over 20 years of age (which would require amendment of the law), including how disabled children and persons should be supported, including support for those 18 to 19 years of age with disabilities. (2) Child Support Allowance, Child Allowance
The age of a child under the Child Support Allowance Law and the Child Allowance Law is defined as up to the time of graduation from high school (the first March 31 after the date of reaching 18 years of age), in light of the fact that most children go on to high school, for the purpose of reducing the household financial burden of families supporting their children.
However, in cases where the purpose and intent of the revision of the age under the Child Welfare Law is due to the delay in a child's economic independence, the revision of the Child Support Allowance Law may spill over into the discussion on the revision of the Child Support Allowance Law, etc. (iii) Adult entertainment business, child pornography, etc.
Article 34 of the Child Welfare Law provides for penalties for acts that seriously hinder the welfare of children, and if the age of a child is raised, the application of penalties under the Child Welfare Law will be expanded.
The Act on Control and Improvement of Amusement and Entertainment Businesses, etc. () also provides penalties for certain acts against children and juveniles under 18 years of age for the sound upbringing of children and juveniles and for the protection of their rights. () In addition to the above, there is a possibility that the definition of "child" in the Child Welfare Law will be changed. (*) In addition, there are other laws such as the Act on Regulation and Punishment of Activities Relating to Child Prostitution and Child Pornography, and the Protection of Children, the Act on Regulation of Activities Inducing Children through the Internet Dating Services, the Labor Standards Law, and the Ordinance on Youth Protection and Nurturing, etc.
Financial burden in the event that revisions to the Child Support Allowance Law, etc. are necessary
Financial burden, etc. due to the increase in administrative workload of local governments and the accompanying increase in staffing, etc. as a result of the expansion of the number of persons eligible for child welfare-related services provided by local governments 3. Impact on other systems if the age of the child is raised
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