CRPD/C/JPN/CO/1

(b)
Insufficient provision of reasonable accommodation and accessibility of
information at the Immigration Services Agency, including enough number of qualified
interpreters.
40.

The Committee recommends that the State Party:

(a)
Revise Article 5, Paragraph 2 of the Immigration Control and Refugee
Recognition Act, which allows denial of entry to persons with psychosocial or
intellectual disabilities;
(b)
Ensure the provision of reasonable accommodation when required and
accessibility of information at the Immigration Services Agency, including enough
number of qualified interpreters.
Living independently and being included in the community (art. 19)
41.

The Committee observes with concern:

(a)
Perpetuation of institutionalization of persons with intellectual disabilities,
persons with psychosocial disabilities, elderly persons with disabilities, persons with physical
disabilities and those who require more intense support, in particular living arrangements
outside community, and of children with disabilities, particularly, children with intellectual,
psychosocial or sensory disabilities and those who require more intense support, through the
Child Welfare Act, in various types of facilities, depriving them family and community life;
(b)
Promotion of institutionalization of persons with psychosocial disabilities and
persons with dementia in psychiatric hospitals, both public and private, particularly, the
continuance of indefinite hospitalisations of persons with psychosocial disabilities in them;
(c)
Limited opportunities for persons with disabilities to choose their place of
residence and where and with whom to live, including for those, dependent on parents and
living in their homes, and those, placed in particular arrangements such as group homes under
the Act on the Comprehensive Support for the Daily and Social Life of Persons with
Disabilities;
(d)
Lack of a national strategy and legal framework for the deinstitutionalization
of persons with disabilities residing in residential institutions and psychiatric hospitals, and
their independent living in the community on an equal basis with others, including the
recognition of their right to autonomy and full social inclusion;
(e)
Insufficient support arrangements for persons with disabilities for living
independently in the community, including accessible and affordable housing, in-home
service, personal assistance and access to services in the community;
(f)
Assessment schemes for granting support and services in the community that
are based on medical model of disability.
42.
With reference to its General comment No. 5 (2017) on living independently and
being included in the community and its Guidelines on Deinstitutionalisation (2022), the
Committee urges that the State party:
(a) Takes expedited measures to end the institutionalisation of persons with
disabilities, including children with disabilities, by redirecting its budgets allocations
from the placement of persons with disabilities in residential institutions towards
arrangements and supports for persons with disabilities for living independently in the
community on an equal bases with others;
(b) Review all cases of persons with disabilities hospitalized in psychiatric
hospitals to cease any indefinite hospitalization, ensure their informed consent and
foster their independent living along with the required mental health support in the
community;
(c) Ensure that persons with disabilities have opportunity to choose their
place of residence and where and with whom they live in the community and are not
obliged to live in a particular living arrangement, including group homes, and enable
persons with disabilities to exercise choice and control over their lives;

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