CRPD/C/JPN/CO/1

(c)
Insufficient consultations with organizations of persons with disabilities to
plan, implement, monitor and evaluate processes of disaster risk reduction and climate
change, including earthquakes and nuclear plant disasters;
(d)
Limited accessible information on situations of risk, disaster, and humanitarian
emergencies, including accessibility of emergency alert system for persons with intellectual
disabilities;
(e)
Lack of implementation of the “Sendai Framework for Disaster Risk
Reduction 2015-2030” in the Kumamoto Earthquake, Northern Kyushu Heavy Rain
Disasters, West Japan Heavy Rain Disasters and Hokkaido Eastern Iburi Earthquake;
(f)
Lack of disability-inclusive response to the COVID-19 pandemic, including
access to information, vaccines, health services and other economic and social programmes,
and the disproportionate impact of the pandemic for persons with disabilities who are still in
institutions.
26.

The Committee recommends that the State Party:

(a)
Amend the Basic Act on Disaster Management to reinforce the rights of
persons with disabilities to privacy and non-discrimination, including the denial of
reasonable accommodations, and issues related to disaster prevention and reduction
and situations of risk and humanitarian emergencies;
(b)
Ensure that shelters, temporary housing and other services provided in
situations of risk and humanitarian emergencies are accessible and disability-inclusive,
taken into account age and gender;
(c)
Build resilient communities engaging the whole community, including
persons with disabilities and their families into disaster prevention and reduction
planning, by developing individual emergency plans and support systems based on
community focal points, identifying gathering points, emergency shelters, and
evacuation routes that are safe and accessible;
(d)
Ensure that in situations of risk and humanitarian emergencies, all
persons with disabilities and their families can receive the necessary information in
accessible formats and on the appropriate devices;
(e)
Ensure that disaster risk reduction plans and strategies and policies on
climate change at all levels are formulated with persons with disabilities and explicitly
respond to their specific needs in all situations of risk, in accordance with the Sendai
Framework for Disaster Risk Reduction 2015–2030;
(f)
Mainstream disability in its COVID-19 response and recovery plans,
including in respect of ensuring equal access to vaccines, health services and other
economic and social programmes to tackle the negative impact of the pandemic, and
adopt measures to deinstitutionalize persons with disabilities in times of emergency and
to provide them with appropriate support to live in the community.
Equal recognition before the law (art. 12)
27.

The Committee is concerned about:

(a)
Legal provisions that deny the right of persons with disabilities to equal
recognition before the law by allowing the restriction of their legal capacity, in particular, of
persons with psychosocial or intellectual disabilities, based on assessments of their mental
capacity, and by perpetuating substitute-decision making systems, under the Civil Code;
(b)
Basic Plan on the Promotion of the Use of the Adult Guardian System
approved in March 2022;
(c)
Use of the term “the best interest of a person” within the Guidelines for Support
for Decision-Making Relating to the Provision of Welfare Services for Persons with
Disabilities of 2017.

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