I took training about Guardianship. In the training, I learned how United Nations think about persons with disabilities. We can know the details of it in CRPD – Convention on the Rights of Persons with Disabilities.
Here is the related webpage in United Nations.
In the Article 12, equal recognition before the law is introduced as below:
1. States Parties reaffirm that persons with disabilities have the right to recognition everywhere as persons before the law.
2. States Parties shall recognize that persons with disabilities enjoy legal capacity on an equal basis with others in all aspects of life.
3. States Parties shall take appropriate measures to provide access by persons with disabilities to the support they may require in exercising their legal capacity.
4. States Parties shall ensure that all measures that relate to the exercise of legal capacity provide for appropriate and effective safeguards to prevent abuse in accordance with international human rights law.
From this point of view, Japanese Civil Code and the Guardianship system may be too rigid. The trainee said that in the future our Civil Code might be amended to meet the CRPD requirements.