CRPD/ C/JPN/CO/1

(e)
Act on Promotion of Smooth Movement of Older Persons and Disabled
Persons (Barrier-free Law), amended in 2018 and 2020, promoting accessibility standards;
(f)
Act to Further the Improvement of Reading Environments for Visually
Impaired Persons (2019);
(g)
Act on the Promotion of Comprehensive and Integrated Measures for the
Realization of a Universal Society (2018);
(h)
Act on Cultural and Artistic Activities by Persons with Disabilities (Act No.
47 of 2018);
(i)
Employment Promotion Act of Persons with Disabilities (Act No. 123 of 1960)
and its amendment in 2013, expanding the coverage of the statutory employment obligation
for persons with disabilities to include persons with psychosocial disabilities in addition to
persons with intellectual and physical disabilities and obligating to ensure reasonable
accommodations.
6.
The Committee welcomes the measures taken to establish a public policy framework
for promoting the rights of persons with disabilities, including the:
(a)
Handling Directions of Courts for Eliminating Discrimination against Persons
with Disabilities (2022);
(b)

Fourth Basic Program for Persons with Disabilities, adopted in 2018;

(c)

Guidelines on Reasonable Accommodation (2016);

(d)

Everyone’s Public Website Operational Guidelines;

(e)
Guidelines for employers for non-discriminatory treatment and equal
opportunities for persons with disabilities in employment, adopted in 2015;
(f)
Establishment of the Commission on Policy for Persons with Disabilities, as
an entity in charge for monitoring the implementation of the Convention;
(g)

Prefectural and Municipal Government Programs for Persons with Disabilities.

III. Principal areas of concern and recommendations
A.

General principles and obligations (arts. 1–4)
7.

The Committee is concerned about:

(a)
Lack of harmonization of disability-related national legislation and policies
with the human rights model of disability as contained in the Convention by pertaining a
paternalist approach to persons with disabilities;
(b)
Perpetuation of medical model of disability across legislation, regulation and
practice, including the disability qualification and certification system, which, on the basis
of impairment and capacity assessment, promotes the exclusion of persons who require more
intensive support, persons with intellectual, psychosocial or sensory disabilities from
disability allowances and social inclusion schemes;
(c)
Derogatory terminology, such as “mentally incompetent”, “mental
derangement”, and “insanity”, as well as discriminatory legal restrictions, such as
disqualifying clauses, based on “physical or mental disorder”;
(d)
Inaccurate translation of the Convention into Japanese, particularly, of the
terms “inclusion”, “inclusive”, “communication”, “accessibility”, “access”, “particular living
arrangement”, “personal assistance”, and “habilitation”;
(e)
Regional and municipal gaps in providing necessary services and assistance to
persons with disabilities in the communities, including mobility support, personal assistance
and communication support.
8.
2

The Committee recommends that the State party: