Government Implementation of the Standard Rules
As Seen By Member Organizations of
Rehabilitation International - RI

Japan

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© Dimitris Michailakis 1997

Japanese Society for Rehabilitation of Disabled Persons, and the Japan Association for Employment of the Disabled, Japan
Compare with the following Country Report(s): the Japanese Government, DPI

General policy

The officially recognized disability policy is expressed in law, in guidelines adopted by the government, in guidelines adopted by the national disability council, in policy adopted by political parties and in policy adopted by NGOs. According to the Government disability policy is not expressed in policy adopted by political parties or in policy adopted by NGOs. The emphasis in this policy is on individual support, rehabilitation, accessibility measures, prevention and anti-discrimination law.

Since the adoption of the Rules, the government has conveyed the message of full participation through education programmes and other action.

Legislation

The rights of persons with disabilities are protected by a combination of special legislation and general legislation. The judicial mechanism available to protect the rights of persons with disabilities is due process (legal remedy though the courts). The non-judicial mechanisms include: a governmental body (administrative), independent expert bodies and a special arbitration/conciliation body. According to the Government, there are no judicial mechanisms to protect the rights of persons with disabilities while the non-judicial including only a governmental body (administrative).

General legislation applies with respect to persons with different disabilities to education, employment, the right to marriage, the right to parenthood/family, political rights, the right to privacy and access to court of law and property rights. The following benefits are guaranteed by law to persons with disabilities: health and medical care, training, rehabilitation and counselling, employment, financial security, independent living and participation in decisions affecting themselves.

New legislation concerning disability has been enacted since the adoption of the Rules.

1. Enactment of Disabled Persons' Fundamental Law (1993/12).
   
2. Enactment of the Act on Buildings Accessible and Usable for the Elderly and Physically Disabled (1994/4).
   
3. Amendment to the Law Concerning Mental Health and Welfare for the Mentally Disabled (1995/7).

Accessibility

There are rules to ensure accessibility of the built environment which establish national design standards requiring that public places, the outdoor environment, means of public transport and housing are made accessible. Accessibility in the built environment is observed by a national authority, by local governments and by the organizers/providers of services. The following measures have been promoted by the government to ensure accessibility in the built environment: levelling off pavements, marking parking areas, installing automatic doors, installing lifts and accessible toilets, ensuring access to public places, improving accessibility in housing, providing financial incentives/support for accessibility measures in housing, using contrast colours for visually impaired and providing specially adapted motor vehicles. In addition, measures such as providing traffic sound signals for persons with visual disability, laying embossed titles for persons with visual disability have also been promoted. There are special transport arrangements for persons with disabilities, available for medical treatment, education, employment, for recreational purpose and personal purpose. The most difficult obstacles, when planning to build accessible environments, are attitudinal factors and economic/budgetary factors. The Government does not regard attitudinal factors to be an obstacle, when building accessible environments. There is a disability awareness component incorporated in the training of planners, architects and construction engineers.

Sign language is recognized as the official language of deaf people. According to the Government, sign language is recognized as the main means of communication between deaf persons and others. There are government measures to encourage media and other forms of public information to make their services accessible for persons with disabilities. The following services are provided in order to facilitate information and communication between persons with disabilities and others: literature in Braille/tape, news magazines on tape/Braille, sign language interpretation for any purpose and easy readers for persons with mental disabilities. According to the Government, easy readers for persons with mental disabilities are not provided.

Organizations of persons with disabilities

There is a national umbrella organization. There are legal provisions mandating the representatives of persons with disabilities to participate in policy-making and to work with governmental institutions. Disability organisations are always consulted, when laws and regulations with a disability aspect are being prepared. Consultations occur at the national, regional and local level. The government gives financial and organizational/logistic support to existing or new organizations of persons with disabilities. Persons with disabilities participate to some extent in legislatures, judicial authorities and political parties and to a great extent in government and NGOs. The role of organizations of persons with disabilities is to advocate rights and improved services, mobilize persons with disabilities, identify needs and priorities, participate in the planning, implementation and evaluation of services and measures concerning the lives of persons with disabilities, contribute to public awareness, provide services and to promote/organize income generating activities.

Co-ordination of work

The national co-ordinating committee is reporting to the Ministry of Health and Welfare and to the Prime Minister's office. It includes representatives of many Ministries, of organizations of persons with disabilities, of other NGOs, of the private sector and of scholars and experts.

The government expects the committee to participate in policy development but not to perform other tasks. The establishment of the co-ordinating committee has led to: improved co-ordination of measures/programmes, improved legislation, improved integration of responsibility, a better dialogue in the disability field, more accurate planning and improved promotion of public awareness.

The adoption of the Rules, to a certain extent, has led to a rethinking of the approach to disability policy.

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Contents of the RI Report | Compare with the following Country Report(s): the Japanese Government, DPI