Japan Press Weekly

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2013 February 20 - 26 [WELFARE]

Japan should make law banning discrimination against disabled and ratify UN treaty

The U.N. Convention on the Rights of Persons with Disabilities ensures disabled persons’ human rights and their full participation in society. Toward ratifying this international treaty, the previous government approved to submit a bill to the current session of the Diet to ban discrimination against persons with disabilities. The present government, however, shows no sign of submitting such a bill. Akahata on February 26 ran an interview with writer Ono Sarasa who is a member of the governmental working group and an intractable disease patient:

Many industrialized countries have enacted related laws prohibiting discrimination against disabled persons since the 1990s. Japan is more than 10 years behind in this regard.

Other Asian nations such as South Korea, Singapore, and Thailand are working on passing similar legislation.

It is now a global norm to create laws in order to realize a society in which persons with disabilities can take part with dignity.

Legislation should provide a yardstick for defining discriminatory practices obstructing the disabled’s full participation in society. If any inequality is found, the law will serve as the basis for solving the problems but will impose no punishment.

The 2011 revision in the Basic Act for Disabled Persons has broadened the definition of the disabled. The definition now includes not only those with physical, intellectual, and mental disabilities but also incurable disease patients.

The barriers include not only physical infrastructure like uneven surfaces but also systems or practices unfriendly to the disabled.

In order to create a society where everyone can live together, it is a must to remove hurdles so that people with disabilities have the opportunity to reach their full potential.

Some corporations are still reluctant to employ intractable disease sufferers because of their illness, not because of any lack of ability. Despite their willingness and competence to work, they are not even given the chance to stand at the starting line with healthy individuals.

Persons with disabilities will be able to work if employers adopt flexible working patterns and make adjustments to secure time for them to routinely visit their doctors. Only when such consideration is provided, can they be in position to fully use their talents.

Many landlords hesitate to rent rooms to wheelchair users out of concern that they may ask for the installation of ramps. Providing “reasonable accommodation” amounts to guaranteeing opportunities for the disabled to participate in society in the same way as healthy individuals by such means as installing ramps and offering special working arrangements.

So far, whether or not to provide reasonable accommodation has been left to the conscience of employers. A law banning discrimination against the disabled will designate the absence of reasonable accommodation as a discriminatory practice. By doing this, the law will aim to transform the whole of society into a society where all people can live together. Both the national and local governments should be required to implement certain actions under the law.

The government began revising the Services and Supports for Persons with Disabilities Act in 2010 in preparation for Japan’s ratification of the U.N. convention. To submit a bill banning discrimination against the disabled to the current session of the Diet should still a Cabinet decision.

Livelihood support based on laws which provide welfare assistance encourages those with physical or mental difficulties to fully participate in society. Apart from that, a law to eliminate discrimination and social barriers is vital.

Unless Japan enacts such a law, Japan’s ratification of the U.N. treaty will be meaningless.