March 14, 2023

Akahata ‘current’ column

In a lawsuit about a hearing-impaired girl who was killed in a traffic accident, the Osaka District Court on February 27 ruled that the future earnings which the girl was expected to earn should be calculated based on 85% of the average wage of all workers on the grounds that it is undeniable that her work performance would be limited due to her disability.

In response to the court decision, the girl’s father said, “It is indeed disappointing that the court tolerated discrimination based on disability.” The Osaka Association of the Deaf published an urgent statement criticizing the court ruling for containing a negative message from the national government and courts while calling for an inclusive society without discrimination against disabled persons.

The UN Convention on the Rights of Persons with Disabilities (CRPD) stipulates that discrimination against any person on the basis of a disability is a violation of the inherent dignity and worth of the individual. The treaty also states that social and economic participation of people with disabilities on an equal basis as others should be guaranteed.

For disabled persons, the impact of their disabilities can be reduced depending on social efforts to remove barriers. The Act for Eliminating Discrimination against Persons with Disabilities aims to remove various barriers so that disabled persons can perform to their full potential without restrictions.

Secretary General of the National Conference to Support the Life and Right of Disabled Persons Iehira Satoru said that Japanese courts still fail to pay attention to human rights of people with disabilities. He expressed his determination to strengthen efforts to achieve fair pensions and better lives for handicapped people.

The UN CRPD Committee in 2022 issued its first recommendation calling on the Japanese government to take action to establish an inclusive work environment which applies the "equal pay for equal work" principle to disabled persons. Based on the CRPD, we should demand a society where disabled people can work without barriers and receive equal pay, not one justifying 15% less wages for disabled persons than average workers.