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資料5障害者権利条約の対日審査結果について (4 ページ)

公開元URL https://www.mhlw.go.jp/stf/shingi2/0000195428_00060.html
出典情報 社会保障審議会 障害者部会(第133回 10/17)《厚生労働省》
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CRPD/ C/JPN/CO/1

11.
The Committee notes that the State party has not yet ratified the Optional Protocol to
the Convention. It also notes with concern the State Party’s interpretative declaration related
to Article 23 paragraph 4 of the Convention.
12.
The Committee encourages the State party to ratify the Optional Protocol to the
Convention, and withdraw its interpretative declaration related to Article 23 paragraph
4 of the Convention.

B.

Specific rights (arts. 5–30)
Equality and non-discrimination (art. 5)
13.

The Committee is concerned that:

(a)
The Act for Eliminating Discrimination against Persons with Disabilities does
not include multiple and intersectional forms of discrimination, and is concerned about the
limited scope of the definition of persons with disabilities;
(b)
The denial of reasonable accommodation is not recognized as a form of
discrimination on the ground of disability in all areas of life;
(c)
There is no accessible complaint and redress mechanisms for victims of
disability-based discrimination.
14.
The Committee, in line with its general comment No. 6 (2018) on equality and
non-discrimination, recommends that the State party:
(a)
Review the Act for Eliminating Discrimination against Persons with
Disabilities to prohibit disability-based discrimination, in accordance with the
Convention, including multiple and intersectional forms of discrimination on the
grounds of disability, sex, age, ethnicity, religion, gender identity, sexual orientation
and any other status, and the denial of reasonable accommodation;
(b)
Adopt the necessary measures to ensure that reasonable accommodation
is provided to all persons with disabilities in all areas of life, including in the private
and public spheres;
(c)
Establish accessible and effective mechanisms, including judicial and
administrative procedures, for victims of disability-based discrimination, and provide
them with comprehensive redress, and sanctions against the perpetrator.
Women with disabilities (art. 6)
15.

The Committee is concerned about:

(a)
Lack of sufficient measures to promote gender equality in disability-related
legislation and policies, such as the Fourth Basic Programme for Persons with Disabilities,
and to promote the rights of women and girls with disabilities in gender equality legislation
and policies, including the Fifth Basic Plan for Gender Equality;
(b)

Lack of specific measures to empower women and girls with disabilities.

16.
The Committee recalling its general comment No. 3 (2016) on women and girls
with disabilities and targets 5.1, 5.2 and 5.5 of the Sustainable Development Goals,
recommends that the State party:
(a)
Adopt effective and specific measures to ensure equality and prevent
multiple and intersectional forms of discrimination against women and girls with
disabilities in its gender equality policies, and mainstream a gender perspective into its
disability-related legislation and policies;
(b)
Take measures to empower women and girls with disabilities, ensuring
that all their human rights and fundamental freedoms are equally protected, and
including their effective participation in the design and implementation of these
measures.

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