Japan Disability Forum

Convention on the Rights of Persons with Disabilities (CRPD)

Parallel Report for Japan’s
Concluding Observations

Submitted to
the Committee on the Rights of Persons with Disabilities
in March 2021

Japan Disability Forum (JDF)

I. Introduction
1. About the Japan Disability Forum (JDF)
This parallel report was prepared by the Japan Disability Forum (JDF). The JDF was established in
2004 with the aim of promoting the “Asian and Pacific Decade of Disabled Persons” as well as topromote policies in Japan on persons with disabilities and their rights. The JDF consists of 13 nationallevel member organizations who are mainly organizations of persons with disabilities, as well as support
organizations such as family organizations, service providers’ organizations, and professionalorganizations. Its major activities are to promote (1) the International Convention on the Rights of
Persons with Disabilities, (2) the “Asian and Pacific Decade of Persons with Disabilities” and the “Asia
Pacific Disability Forum (APDF),” (3) national policies including the “Basic Programme for Persons with
Disabilities,” and (4) national legislation on the rights/anti-discrimination of persons with disabilities. The
JDF engages in these activities through the establishment of three expert committees with members
selected from among its member organizations to advance its work.
Since its establishment, the JDF has been working to promote the Convention on the Rights of
Persons with Disabilities (CRPD). It has dispatched a total of 200 related individuals to the Ad Hoc
Committee meetings held at the United Nations Headquarters in New York between 2002 and 2006,
contributing to the establishment of the Convention. After the Convention was adopted, the JDF has
addressed the reformation of national legislation from a civil society standpoint through activities suchas exchanging opinions with the government and collaborating with the nonpartisan “Parliamentarian
League for the Promotion of the UN Convention on the Rights of Persons with Disabilities,” aiming tofacilitate Japan’s ratification of the Convention. Following the ratification of the Convention in 2014, theJDF has been working on initiatives to promote the implementation of CRPD across the country. It
dispatched a delegation to brief the 12th Pre-Sessional Working Group for the Committee on the Rights
of Persons with Disabilities held in September 2019.
● Member organizations
Japanese Federation of Organizations of the Disabled Persons, Japan Federation of the Visually
Impaired, Japanese Federation of the Deaf, Japan Council on Disability, Japan National Assembly of
Disabled Peoples’ International, Inclusion Japan, Spinal Injuries Japan, The National Federation of
Associations of Families with The Mental Illness in Japan, All Japan Association of Hard of Hearing andLate-Deafened People, Japan Deafblind Association, Japan National Council of Social Welfare,Japanese Society for Rehabilitation of Persons with Disabilities, Japan National Group of Mentally
Disabled People
2. Method for the Preparation of Submissions
Two parallel reports were prepared by the JDF over a period of four years.
(1) Preparation of the Parallel Report for the List of Issues
The Preparatory Committee was launched in 2017 and after nine meetings, it prepared a summary
report of opinions. In FY2018 (April 2018 - March 2019), the committee became the “JDF CRPD Parallel
Report Special Committee” consisting of a total of 30 committee members selected from all JDF
member organizations. Fifteen committee meetings were held, and the Parallel Report for the List ofIssues was prepared. At the same time, in order to obtain an even wider range of opinions, regional
forums were held in seven locations around the country (Toyama, Fukushima, Saitama, Tokyo, Aichi,
Osaka, Tochigi), document-based interviews were conducted with related organizations, and these
opinions were reflected in the report.
(2) Parallel Report for the Concluding Observations for Japan
In response to the List of Issues, work began on preparing the Parallel Report for the Concluding
Observations for Japan in October 2019. Twelve Special Committee meetings were held over a sixmonth period, and the report was prepared according to the following work process in the same manneras the Parallel Report for the List of Issues.
a. Eight working groups were established and a draft report was preparedb. The Drafting Committee discussed and modified the draft reportc. The Special Committee discussed and modified the draft reportd. The Special Committee and the JDF senior board members conducted a final review and thereport was completed
Items for the Parallel Report for Concluding Observations were carefully selected from each article
with a focus on summarizing them succinctly, and the state of affairs after the Parallel Report for the
List of Issues was also partially reflected. Furthermore, in FY2019 (April 2019-March 2020), regional
forums were held in three locations in Japan (Iwate, Saitama, Tokyo), and exchanges of opinions were
held with persons with disabilities in various areas.
2(3) Interviews with Related Organizations
Document-based interviews with related organization were conducted beginning in the fall of 2018.
The organizations that were interviewed were those for disabilities not included among JDF member
organizations as well as organizations in related fields. The results of these interviews were partiallyreflected in the Parallel Report for the List of Issues, and they were subsequently incorporated into the
Parallel Report for Concluding Observations. Organizations from which opinions were obtained are as
follows (in alphabetical order):All Japan Teachers And Staffs Union
Association of People with Low Vision
DPI Women’s Network Japan
General Incorporated Association of Cochlear Implant Transmitted Audition (ACITA)
Japan Developmental Disabilities Association
Japanese Trade Union Confederation
Japan Teachers’ Union
Miyagi People with Dementia Network
People First of Japan
Social Heartful Union
3. Contact Information
Japan Disability Forum (JDF)
1-22-1, Toyama, Shinjuku-ku, Tokyo, 162-0052 Japan
c/o Japanese Society for Rehabilitation of Persons with Disabilities
TEL: 03-5273-0601 FAX: 03-5292-7630 Email: jdf_info@dinf.ne.jp● JDF CRPD Parallel Report Special Committee *As of April 2019
Representative: Kazuhiko Abe, President, Japan Disability Forum
Secretary General: Satoshi Sato, Chairperson, Committee for the Promotion of the Convention on
the Rights of Persons with Disabilities
Committee Members: Yoshiaki Iizuka, Executive Director, Japanese Federation of Organizations of
the Disabled Persons
Kana Sato, Japanese Federation of Organizations of the Disabled Persons
Makoto Oogoda, Japan Federation of the Visually Impaired
Nobuaki Tanaka, Japan Federation of the Visually Impaired
Kumiko Nakanishi, Board Member, Japanese Federation of the Deaf
Yasunori Shimamoto, Board Member, Japanese Federation of the Deaf
Hideo Sonobe, Vice Chairperson, Japan Council on Disability
Hisao Sato, Board Member, Japan Council on Disability
Hidetomo Akamatsu, Japan Council on Disability
Koji Onoue, Vice Chairperson, Japan National Assembly of Disabled Peoples’
International
Choi Yeong-Beon, Japan National Assembly of Disabled Peoples’ International
Kumiko Fujiwara, Japan National Assembly of Disabled People’s International
Osamu Nagase, Inclusion Japan
Shinya Ando, Vice President, Spinal Injuries Japan
Yukihide Ikeda, Spinal Injuries Japan
Yasuhiro Obata, Secretary General, The National Federation of Associations of Families
with The Mental Illness in Japan
Tomoyoshi Shintani, President, All Japan Association of Hard of Hearing and LateDeafened People
Yumiko Minami, All Japan Association of Hard of Hearing and Late-Deafened People
Satoshi Fukushima, Director, Japan Deafblind Association
Masatomo Yamashita, Executive Director/Secretary-General, Japan Deafblind
Association
Satoru Iori, Japan Deafblind Association
Kaori Shimizu, Deputy Director, Elderly and Disability Welfare Division, Japan National
Council of Social Welfare
Ryosuke Matsui, Vice President, Japanese Society for Rehabilitation of Persons with
Disabilities
Akihiko Sekiguchi, Japan National Group of Mentally Disabled People
Hisayuki Kirihara, Japan National Group of Mentally Disabled People3

Yuhei Yamada, Japan National Group of Mentally Disabled People
Secretariat: Kiyoshi Harada, Japanese Society for Rehabilitation of Persons with Disabilities
Shinichiro Shirai, Japan National Assembly of Disabled Peoples’ International
Natsuki Soda, Japan National Assembly of Disabled Peoples’ International
Kyoko Hamashima, Japan National Assembly of Disabled Peoples’ International
Finally, preparation of this parallel report was possible through the support of subsidy foundations.
No financial support was received from the government. We would like to express our appreciation to
The KIRIN Welfare Foundation, Sompo Welfare Foundation, The Sumitomo Foundation, and Yamato
Welfare Foundation for their support.

4

We propose the following in accordance with the format of the Concluding Observations by theCommittee on the Rights of Persons with Disabilities.

Articles 1-4 Purpose, Definitions, General principles, General obligations
1.
○

Laws and policies based on the social model/human rights model
The Committee is concerned that, despite the comprehensive efforts to revise laws beginning in2009 in order to ratify the CRPD, the framework of domestic laws and policies is still not sufficiently
consistent with the Convention. For example, the substitute decision-making mechanism of theadult guardianship system has not been dismantled in favor of a system of supported decisionmaking, and many laws retain language that evokes a disability, such as “physical or mental
disorder,” which has a negative impact on the ability of persons with disabilities to obtain
qualifications. Furthermore, of the laws for persons with disabilities, there are none that specify
their right to use support services or the obligation of the government to provide such services.
There is a continuing history of persons with disabilities being considered as vulnerable and aburden to society requiring protection, rather than equal citizens with the same dignity and rights,
with persons with disabilities and their families bearing the principal responsibility of supporting
their lives. When their families could no longer provide care, their main choices became either
hospitals or facilities. Many persons with disabilities are not guaranteed “the opportunity tochoose…where and with whom they live” (Article 19 (a) of CRPD) or the “opportunity to gain a living
by work” (Article 27 (1) of the Convention).
● The Committee recommends that the State Party revise the fundamental nature of the Basic
Act for Persons with Disabilities and other laws, policies, and plans regarding persons withdisabilities based on the social model/human rights model of disability. Specifically, theCommittee recommends:
a. Establishing the purpose of these laws, policies, and plans as the realization of social
participation by all persons with disabilities as equal citizens.
b. Making the elimination of social barriers and the development of support the obligation ofnational and local governments.
c. Specifying the rights of persons with disabilities to access necessary supports.
2.
○
●

○

●

3.
○

●

Disability definition and certification based on the social model/human rights model
The Committee is concerned that a medical model is used in various individual laws, systems, andpractices such as welfare services and disability pensions, and that disability qualification andcertification are conducted from a medical standpoint.
The Committee recommends that the State Party shift the definition of disability under thelaw and the certification process to determine eligibility to receive support from the medical
model to the social model/human rights model, and shift the evaluation system used invarious individual laws, systems, and practices such as social welfare and disability
pension from a system based on a medical standpoint to one based on the need for support
that takes into consideration the level of difficulty in daily life.
The Committee is concerned that disability certification is conducted in accordance with standards
that are considerably removed from the level of difficulty in the daily lives of persons with disabilities,
putting persons in need of support in a position where they are unable to receive it. For example,
the certification standard for hearing disabilities is 70 dB or more, which is considerably removed
from the criteria of 41 dB or more used by the World Health Organization (2019), excluding
individuals with hearing between 41 and 69 dB.
The Committee recommends that the State Party revise the disability certification standards
to conform to international standards ahead of shifting to an evaluation system based on
the need for support, and take measures so that all persons with disabilities will be provided
with necessary support that takes into consideration the level of difficulty in their daily lives.
Issues regarding the response to the Sagamihara Stabbings
The Committee grieves over the 2016 incident in which 19 persons with severe disabilities were
killed and 26 persons with disabilities and staff persons were wounded, and notes with concernthat this crime was committed due to eugenic and ableist thoughts. The Committee is concernedthat the State Party has not exhibited sufficient initiative in the fight against eugenic and ableist
thoughts.
The Committee recommends that the State Party comprehensively investigate the causesof the Sagamihara Stabbings, clarify its stance against eugenic and ableist thoughts, as well5

as take measures such as spreading understanding of the CRPD to eradicate crimes basedon eugenic and ableist thoughts and create a society in which all persons with disabilities
can live with a sense of security.
4.
○

●

5.
○

●

Recognition of sign language
The Committee is concerned that, as issues regarding the fundamental human rights of persons
with hearing disabilities, their rights to “acquire sign language,” “learn through sign language,” “learn
sign language,” “use sign language,” and “protect sign language” (linguistic rights) are not protectedby the law; that an environment where sign language can be used as a language in various areas
such as judiciary (trials), legislature, administration, labor, health care, education, elections andother various areas has not been developed; and that communication and information are notsufficiently guaranteed. In particular, systems (laws) that develop sign language interpreters andallow them to be placed in agencies of all areas are insufficient.
The Committee recommends that the State Party enact a sign language act that guarantees
the right to use sign language in all areas, including judiciary, legislation, public
administration, labor, health care, education and elections. The Committee also
recommends the enactment of a sign language act that will enable the promotion ofunderstanding and spread of sign language, and making it possible to develop, place, anddispatch sign language interpreters.
Abolition of disqualifying clauses (*)
The Committee is concerned that, in the 187 amendments to law made in 2019, although thedisqualifying clauses on the basis of being adult wards were abolished, disqualifying clauses on
the basis of “physical or mental disorder” were newly established in their place within these laws;
and in at least 160 governmental and ministerial ordinances regarding these subsequently createdlaws, a “physical or mental disorder” was provided as being a “disability of mental function,” and it
has been pointed out that legal discrimination due to disability has actually been strengthened.
The Committee recommends that the State Party comprehensively revise the laws andgovernmental and ministerial ordinances to delete the disqualifying clauses on the basis of
disability, and that it change the individual certification methods to ones that evaluate
specific abilities, including the provision of reasonable accommodation.

(*) Disqualifying clauses refer to legal restrictions based on impairments, including those disqualifying persons withdisabilities from licenses.

6.
○

●

Participation of persons with disabilities
The Committee is concerned that there is a low percentage of persons with disabilities in thenational and local governments’ Commission on Policy for Persons with Disabilities; that there is alack of diversity in members of the national governments’ Policy Commission (aside from nonregular technical advisors), with no self-advocates who have intellectual disabilities, psychosocial
disabilities, or are hard of hearing, and with only two women with disabilities or intractable diseases;that there are no obligations for municipal governments to establish commissions on policy; thatthe percentage of persons with disabilities in committees related to persons with disabilities suchas welfare, employment, education, and accessibility are not even known; and that persons withdisabilities are sometimes unable to substantively participate in these committees due to lack ofaccessibility and reasonable accommodation.
The Committee recommends that the State Party increase the percentage of members withdisabilities in the national and local governments’ Commission on Policy for Persons with
Disabilities to at least half; ensure the diversity of commission members (in terms of
disability, gender, age, region, affiliated organization, etc.), particularly by increasing thenumber of women with disabilities and intractable diseases; that it make establishment ofmunicipal government commissions mandatory; that it increase the percentage of memberswith disabilities on various government councils, etc. and ensure member compositions
match those of the policy commissions, mentioned above, particularly when handling
content that is closely related to the Convention; and that national and local governments
take measures to ensure accessibility and reasonable accommodation so that memberswith disabilities can substantively participate in the policy-making process.

7.
○

Elimination of gaps in community support services and social resources
The Committee is concerned that there have been reports of regional gaps in the provision of
6

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8.
○
●

9.
○
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welfare services, for example, a significant gap among municipal governments in terms of thenumber of hours spent for mobility support (transportation support services), personal assistance(“home-visit care for persons with severe disabilities”) and communication support, as well as the
supply of technical aids and the combined use of disability welfare and long-term care insurance.
For example, some municipal governments provide subsidies for persons with visual impairments
to acquire a braille display as a technical aid, but some do not. There is also a large gap among
municipal governments with respect to subsidies to purchase batteries for cochlear implants andexpensive new model equipment. With regard to matters such as “accompanying support services”
for persons with visual disabilities and “home-visit care for persons with severe disabilities”, there
are significant regional gaps in the number of providers, the amount of services supplied, and thenumber of users. Regional gaps also exist in numerous areas beyond these social service areas,such as accessibility of public transportation and buildings, information accessibility, andemployment of persons with disabilities.
The Committee recommends that the State Party take necessary legislative and financial
measures to eliminate gaps between municipal governments in terms of the number ofhours provided for (a) mobility support (transportation support services), (b) personal
assistance (“home-visit care for persons with severe disabilities”), and (c) communication
support, the supply of technical aids, the combined use of disability services and long-termcare insurance, and the status of development of social resources.
Derogatory languages such as “mentally incompetent (shin shin soshitsu)”
The Committee is concerned that derogatory language such as “mentally incompetent” and “mental
derangement” (seishin sakuran) are being used in titles and articles in laws even after theratification of the Convention.
The Committee recommends bringing laws further into alignment with the Convention,
including taking measures to remove the derogatory languages such as the term “shin shinsoshitsu (insanity/mentally incompetent)” from the “Act on Medical Care and Treatment for
Persons Who Have Caused Serious Cases under the Condition of Insanity (Mentally
Incompetent Persons Medical Care and Treatment Act),” and Article 39 of the Penal Code,and the term “mental derangement (seishin sakuran)” from Article 3 of the Police Official
Duties Execution Act.
Ratification of the Optional Protocol
The Committee is concerned that the State Party has not yet ratified the Optional Protocol to theConvention.
The Committee recommends that the State Party ratify the Optional Protocol to theConvention.

7

Article 5 Equality and non-discrimination
1. Definition of discrimination○ The Committee is concerned that the Act for Eliminating Discrimination against Persons with
Disabilities does not define terms such as direct discrimination, disparate impact discrimination,
multiple discrimination/intersectional discrimination, and harassment, and it is not clear if the Act
prohibits all discrimination on the basis of disability.
● The Committee recommends that the State Party provide definitions of direct discrimination,
disparate impact discrimination, multiple discrimination/intersectional discrimination, andharassment in the Basic Act for Persons with Disabilities, Act for Eliminating Discrimination
against Persons with Disabilities, and Act for the Promotion of Employment for Persons
with Disabilities, making clear that these laws prohibit all discrimination on the basis of
disability.
2. Scope of discrimination in the Act for Eliminating Discrimination against Persons with
Disabilities○ The Committee is concerned that those subject to discrimination on the basis of disability in the Act
for Eliminating Discrimination against Persons with Disabilities are limited to persons who currently
have a disability.
● The Committee recommends that the State Party amend the Act for Eliminating
Discrimination against Persons with Disabilities so that the scope of those subject todiscrimination on the basis of disability include persons who currently have a disability,
persons who have had a disability in the past, persons who are predisposed to have adisability in the future, persons who are presumed to have a disability, and persons affiliatedwith a person with a disability.
3. Reasonable accommodation○ The Committee is concerned about the following.
a. That the obligation to provide reasonable accommodation imposed upon private business operators
by the Act for Eliminating Discrimination against Persons with Disabilities is limited to an obligation
to make efforts.
b. That denial of reasonable accommodations is not included as a form of discrimination on the basisof disability in the Act for the Promotion of Employment for Persons with Disabilities.
● The Committee recommends that the State Party make the obligation to provide reasonableaccommodation imposed upon private business operators a legal obligation in the Act for
Eliminating Discrimination against Persons with Disabilities, and that it clarify in the Act for
the Promotion of Employment for Persons with Disabilities that denial of reasonableaccommodation is discrimination on the basis of disability.
4. Development of a dispute resolution mechanism and a system of consultation○ The Committee is concerned that legislation, including the Act for Eliminating Discrimination against
Persons with Disabilities, contains no dispute resolution mechanism by which persons withdisabilities can receive effective remedy in the event of discrimination on the basis of disability, nor
is there a monitoring institution for such, and so the actual conditions of discrimination on the basisof disability and its remedy are unclear.
● The Committee recommends that the State Party establish as legislation, including the Act
for Eliminating Discrimination against Persons with Disabilities, a dispute resolution
mechanism by which persons with disabilities can receive effective legal remedy andcompensation in the event of discrimination on the basis of disability. In addition, theCommittee recommends collecting and analyzing cases of consultation and remedy of
discrimination on the basis of disability based on this mechanism, and using these toprevent its occurrence.
5. Establishment of anti-discrimination laws in judiciary and legislative institutions to prohibit
discrimination against persons with disabilities○ The Committee is concerned that since public administration institutions are the only state
institutions covered by the Act for Eliminating Discrimination against Persons with Disabilities, there
is no legislation that prohibits discrimination against persons with disabilities that must be observed
by judiciary and legislative institutions.
8●

The Committee recommends that the State Party establish legislation that prohibits
discrimination against persons with disabilities that must be observed by judiciary andlegislative institutions.

9Article 6 Women with disabilities
1. Clearly specify the principles of prohibition of multiple discrimination/intersectional
discrimination under the law○ The Committee is concerned that there is no legal provision that prohibits multiple
discrimination/intersectional discrimination against women with disabilities, and that sufficientmeasures to eliminate discrimination are not being taken.
● The Committee recommends that the State Party establish provisions that prohibit andprevent multiple/intersectional discrimination against women with disabilities in the Basic
Act for Persons with Disabilities, Act for Eliminating Discrimination against Persons with
Disabilities, Basic Act for Gender Equal Society, which aims for gender equality, the Act for
Comprehensive Promotion of Labor Policies, which prohibits abuse of authority, andfurthermore, that it prepare and implement a plan for ideal consultation and training for suchbased on these laws.
2. Understanding the actual conditions of victims of sex crimes and remedial measures○ The Committee is concerned that there is a lack of understanding of the actual conditions of womenwith disabilities receiving undesired assistance from persons of a different gender in hospitals,
residential institutions, at home, etc. and the actual conditions of sex crimes arising from such; andthat measures are not being taken to remedy this. The Committee is also concerned thataccessibility is not being ensured in support institutions such as shelters.
● The Committee recommends that the State Party work with organizations that represent
women with disabilities to gain an understanding of the actual conditions of sex crimes, DV,
and undesired assistance from persons of a different gender in hospitals, residential
institutions, at home, etc. and take remedial measures; and that it make it possible for all
women with disabilities to access reporting, counseling and support agencies and facilities
related to violence against women in general.
3. Training for staff at relevant agencies○ The Committee is concerned that although it is necessary to conduct training and education forpeople engaged in health care, medical, welfare, education, law enforcement, judicial and otheractivities in order to help them understand the actual conditions and issues of multiple
discrimination/intersectional discrimination against women with disabilities and appropriately
perform their respective duties, no measures are being undertaken to promote such training andeducation.
● The Committee recommends that the State Party establish and implement mandatory
training on the actual conditions and prevention of multiple discrimination/intersectional
discrimination against women with disabilities for people employed at public agencies.
4. Participation in policy- and decision-making bodies○ The Committee is concerned that, in spite of the promotion of positive action initiatives with regard
to the membership of various councils and experts’ panels, there is no understanding of the actual
conditions or the direction of specific measures being shown, and that participation by women withdisabilities is not ensured.
● The Committee recommends that the State Party establish provisional special measureswith regard to the membership of various councils and experts’ panels at which policies of
the national and local governments are determined, such as ensuring the participation of
women with disabilities.
5. Empowerment○ The Committee is concerned that there are survey reports (*) that women with disabilities are notbeing respected, being treated as persons of little value, and otherwise being placed in situations
in which they are deprived of power.
● The Committee recommends that the State Party promote education programs andimplement empowerment programmes for women with disabilities in order to ensure theirfull development, advancement, and empowerment.
(*) DPI Women’s Network Japan “Difficulty of Women with Disabilities in Living” Survey, 201210

Article 7 Children with disabilities
1. Ensuring all rights for children with disabilities, including the right to express their views
freely○ The Committee is concerned that there is no law that guarantees the rights of all children, includingchildren with disabilities.
● The Committee recommends that the State Party establish comprehensive laws concerning
children’s rights to ensure the rights of all children, including children with disabilities.
○ The Committee is concerned that the obligation to listen to the views of children, including children
with disabilities, and the principle of respecting the views of children of all ages are not clearlyprovided for in relevant laws, including the Child Welfare Act.
● The Committee recommends that the State Party provide for the obligation to listen to theviews of children, including children with disabilities, and the principle of respecting theopinions of children of all ages in relevant laws, including the Child Welfare Act.
○ The Committee is concerned that measures are not being taken to ensure the right of children withdisabilities to express their views freely in all matters affecting them, particularly matters concerning
their families, foster care, education, health, and medical care.
● The Committee recommends that the State Party take measures to ensure the right ofchildren with disabilities to express their views freely in all matters affecting them,
particularly matters concerning their families, foster care, education, health, and medicalcare.
2. Measures to prevent violence, sexual violence, and inhuman treatment toward children withdisabilities○ The Committee is concerned that there are reports that children with disabilities are more
susceptible to fall victim to violence and inhuman treatment and that the reliability of their claims of
being a victim of such violence is questioned; that there are reports of insufficient statistics bygender to ascertain the actual status and issues surrounding violence, etc. toward children withdisabilities; and that, regardless of the fact that there are records suggesting that most sterilization
victims under the former Eugenic Protection Law were minors, there have not been sufficientverification, such as through fact-finding surveys.
● The Committee recommends that the State Party:
a. Take measures to ensure that the expression of the views of children with disabilities thatthey themselves are victims of violence, etc. are sufficiently considered in judicial andadministrative proceduresb. Provide statistics by gender that give a clear picture of the actual status and issues
concerning violence, etc. against children with disabilities
c. Investigate the facts surrounding the forced sterilization of children with disabilities under
the former Eugenic Protection Law and the subsequent Maternal Health Act
3. Ensuring the quality and enhancing the budget of various services for children withdisabilities○ The Committee is concerned that children with disabilities do not have access to general measures
such as education and welfare (measures available to children without disabilities), and that there
are reports of cases in which necessary welfare services such as sign language interpretation andpersonal assistance services are not available due to age restrictions.
● The Committee recommends that the State Party make general measures such as education
and welfare accessible to children with disabilities and make necessary welfare services
such as sign language interpretation and personal assistance services available for all ages.

11Article 8 Awareness-raising
1. Understanding the rights and new concepts under the CRPD
○ The Committee is concerned that, although the State Party has conducted various surveys
concerning persons with disabilities, including the “Public Opinion Survey on Persons with
Disabilities” (Cabinet Office), the content does not give a clear picture of how much progress has
been made in the understanding of the rights and concepts of persons with disabilities based on
the Convention, or the actual conditions of discrimination and violation of rights.
● The Committee recommends that the State Party further spread understanding of the CRPD
by regularly and comprehensively ascertaining and publishing in national public opinion
surveys the perceptions of citizens and the actual conditions concerning the rights ofpersons with disabilities, violation of rights, discrimination on the basis of disability,
provision of reasonable accommodation, social barriers, sign language, support for
decision-making, inclusion, and accessibility, including differences by gender, age, andregion.
2. Education and awareness regarding disability○ The Committee is concerned that there is a lack of systematic spreading of awareness to citizens
based on the Convention and education to deepen correct perceptions based on the social
model/human rights model of disability. For example, in the abovementioned “Public Opinion
Survey on Persons with Disabilities” (FY2017), 77.9% of people answered that they did not know
about the CRPD. In addition, there are issues such as the fact that there is still deep-rooted
ignorance and prejudice toward persons with psychosocial disabilities who have long been subject
to segregation and institutionalization/hospitalization, the fact that certain types of intractablediseases are still treated as feigned illnesses, and the fact that the will and independence of persons
with dementia are not understood.
● The Committee recommends that the State Party promote education and awarenessconcerning disability based on the principles and concepts of the CRPD to a wide range ofcitizens (including persons with disabilities and their families), particularly by introducing
curriculums and educational materials through which people can gain a correctunderstanding of the CRPD as well as its principles and concepts.
3. Training for assembly members, administrative officers, and various specialists○ The Committee is concerned that there are insufficient initiatives to spread and provide training on
the CRPD among national and municipal assembly members, police and administrative officers,
judicial personnel, and various specialists; that no guidelines have been prepared for various
ministries, agencies, and local governments to implement the Convention; and that persons withdisabilities are not participating in this.
● The Committee recommends that the State Party train national and municipal assembly
members, administrative officers, judicial personnel, and various specialists on content
based on the CRPD so that they can correctly understand disability (including all
impairments—including
dementia—andissuesconcerning
multiple
discrimination/intersectional discrimination against women with disabilities), and that it
ensure the participation of persons with disabilities and their organizations in the planningand implementation of this training, and the preparation of guidelines to implement theConvention.
4. Strategies and campaigns to fight the stereotypical image and discriminatory perceptions of
persons with disabilities○ The Committee is concerned that a stereotypical image and discriminatory perceptions of persons
with disabilities are being reproduced and spread, including in publications and broadcasts, due toa lack of awareness-spreading and education concerning the Convention, and that there areinsufficient strategies and campaigns to combat this.
● The Committee recommends that the State Party establish strategies and conductcampaigns, including the mass media, to raise awareness with the participation of
persons with disabilities, in order to combat the stereotypical image and discriminatory
perceptions of persons with disabilities.

12Article 9 Accessibility
1.
○

Ensuring accessibility and action plans
The Committee is concerned that the concept of accessibility is not positioned under the law andthe right of persons with disabilities to access physical environments, transportation, informationand communications (including information and communication equipment and systems), and otherfacilities and services open or provided to the public is not specified; that denial of access is notclearly defined as an act of discrimination; and that no effective action plans or strategies to ensure
accessibility have been adopted.
● Accessibility is a prerequisite for persons with disabilities to live independently as well as
fully and equally participate in society, and the State Party has an obligation tounconditionally provide accessibility. The Committee recommends that the State Party:
a. Specify in relevant laws, including the Basic Act for Persons with Disabilities, the right ofpersons with disabilities to access physical environments, transportation, information andcommunications (including information and communication equipment and systems), andother facilities and services open or provided to the public. Clearly define denial of accessas a prohibited act of discrimination.
b. Establish a deadline for ensuring accessibility to physical environments, transportation,
information and communications (including information and communication equipment andsystems), and other facilities and services open or provided to the public, including theassurance of safety, as well as adopt an action plan and strategy to provide both the humanand material resources necessary to eliminate barriers.
c. Revise the Japanese translation of “accessibility” to reflect the obligatory concepts
expressed in the Convention.
2.
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3.
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4.
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5.
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●

Public procurement
The Committee is concerned that there are no public procurement mechanisms with accessibility
requirements and no progress in the development and spread of products ensuring accessibility.
The Committee recommends that the State Party establish public procurement legislationthat makes accessibility mandatory in order to ensure that all newly procured goods andservices are fully accessible to persons with disabilities, as well as to develop and spread
accessible goods, products, and services.
Accessibility in buildings
The Committee is concerned that the criteria for building accessibility has not been improved sincethe 1994 Building Access Law, and there has been no progress in ensuring the accessibility ofschools aside from special needs schools, apartments, and small-scale shops under 2,000 m2.
The Committee recommends that the State Party mandate accessibility in all schools andsecure a budget and that it also mandate accessibility in small-scale shops under 2,000 m2
and apartments.
Accessibility in public transportation outside of major cities
The Committee is concerned that the accessibility outside major cities is lagging behind. The
Ministry of Land, Infrastructure, Transport and Tourism reported that, as of March 2019, there wasa considerable difference in the rate of railway accessibility at railway stations with 3,000 or morearriving and departing passengers a day (90.4%) and those with less than 3,000 arriving anddeparting passengers a day per day (22%). It is not only railways, but all areas, including buses,
taxis, and airport access, in which accessibility has not improved outside of major cities.
The Committee recommends that the State Party establish an action plan to ensure
accessibility, including the assurance of safety, on public transportation outside of major
cities.
Participation of persons with disabilities in product development and facility maintenance
The Committee is concerned that the participation of persons with various disabilities in productdevelopment and facility maintenance is not being ensured.
The Committee recommends that the State Party establish a mechanism that enables theparticipation of persons with disabilities from the beginning stages of product/facility
maintenance and reflects their opinions in order to increase products and facilities that areeasy to use for persons with disabilities.
13

6.
○

●

Training system
The Committee is concerned that curriculums used in the education of architects, designers,
engineers, etc. to teach them about accessibility through universal design are insufficient, and that
there is no widespread training for authorities who issue building permits, engineers’ organizations,and all other related parties to deepen their understanding of accessibility.
The Committee recommends that the State Party require that a sufficient curriculum be
used in the education of specialists such as architects, designers, engineers, andprogrammers to teach them about accessibility through universal design, and that it
require authorities who issue building permits, broadcast/ICT administration committees,
engineers’ organizations, designers, architects, urban planners, transport authorities,
service providers, academic societies, manufacturers, and all other related parties toparticipate in training in order to deepen their understanding of accessibility.

14Article 10 Right to life
1.
○●

Prohibition of death with dignity on the basis of disability
The Committee is concerned that, due to the State Party’s lack of laws protecting patient rights andinsufficient support systems that guarantee the right to life, such as personal assistance services,
there are cases in which there is no choice but to rely on care by family members, and some cases
in which it is necessary to choose death; under these circumstances, “The Practice Guidelines for
Process of Decision-Making Regarding Medical Treatment and Care in the End of Life Care” issued
by the Ministry of Health, Labour and Welfare makes the right to life of persons with disabilities
even more uncertain. The Committee is concerned that, in addition, regardless of the opposition oforganizations of persons with disabilities, there have been repeated discussions seeking enactmentof a law that permits the death of a patient by non-start or discontinuation of medical action suchas the use of respiratory equipment or dialysis equipment (so-called “death with dignity”).
The Committee recommends that the State Party establish laws that protect patient rights
and promote the strengthening of support systems that guarantee the right to life, such as
personal assistance services; that it take measures to prohibit the death of a patient by nonstart or discontinuation of medical action (so-called “death with dignity”) on the basis of
disability; and that it not enact a law that permits the death of a patient by non-start ordiscontinuation of medical action.

15

Article 11 Situations of risk and humanitarian emergencies
1. Ensuring the participation of persons with disabilities in the enactment of guidelines fordisaster prevention and reduction, as well as reconstructing livelihoods.
○ The Committee takes very seriously the fact that the death rate of persons with disabilities in the
Great East Japan Earthquake was twice that of those without disabilities, and it is concerned that
there is insufficient substantive participation by persons with disabilities in national/local
government and regional councils, etc. related to disaster prevention and reduction, as well asreconstructing livelihoods. In addition, the Committee is concerned about reports that as a result,guidelines for evacuation, etc. enacted by public administrations did not function effectively during
the 2019 typhoons and subsequent disasters.
● The Committee recommends that the State Party let persons with disabilities and theirfamilies to substantively participate as members of national/local government and regional
councils related to disaster prevention and reduction, as well as reconstructing livelihoodsin order to ensure effective implementation of the Sendai Framework for Disaster Risk
Reduction.
2. Effective use of personal information to confirm safety immediately following a disaster andthe establishment of individual evacuation plans○ The Committee is concerned that, regardless of the fact that the Disaster Countermeasures Basic
Act allows evacuation assistance registries to be provided to those involved in evacuation
assistance during disasters even without the consent of the individual, these registries are notactually used to confirm safety immediately following a disaster on the grounds of protecting
personal information. In addition, the Committee is concerned that only 14% of local governments
have prepared individual plans in advance that establish evacuation destinations and procedures
for all in the registries (from the Fire and Disaster Management Agency’s “Findings on the Statusof the Preparation of Evacuation Assistance Registries, Etc. [November 5, 2018]”), and that
persons with disabilities who are unable to evacuate on their own are exposed to danger.
● The Committee recommends to the State Party that administrative organs and organizationsof persons with disabilities hold discussions in advance so that personal information, suchas evacuation assistance registries, held by public administrations can be used effectively
to confirm the safety of persons with disabilities during disaster drills in normal times andimmediately following a disaster. In addition, the Committee recommends that all local
governments establish individual evacuation plans for all in the registries as soon as
possible, and that the national government take effective measures to this end. Furthermore,
the Committee recommends revising the “Guidelines for the evacuation support ofresidents who need assistance to evacuate during a disaster” with the participation of
persons with disabilities in accordance with international standards such as the SphereStandards, and taking measures to ensure their effectiveness.
3. Provision of information at the time of a disaster○ The Committee is concerned that, because necessary information is not provided to persons withdisabilities in an accessible manner at each stage of a disaster from occurrence to restoration andreconstruction, they face a situation in which their lives are at risk.
● The Committee recommends to the State Party that the provision of information at the timeof a disaster by public administrations and organs of the media, and the provision of
information at disaster sites such as shelters, are conducted in all forms of accessible
communication of the choice by persons with disabilities.
4. Shelters and welfare evacuation shelters○ The Committee is concerned that disaster shelters are not inclusive and accessible to persons withdisabilities, and in these shelters reasonable accommodation is not provided and privacy is not
ensured. As a result, persons with disabilities are unable to go to shelters and are forced to live intheir vehicles or homes in dangerous states. In addition, the Committee is concerned that since
information related to welfare evacuation shelters is not publicized, they are not utilized at the timeof a disaster.
● The Committee recommends that the State Party make shelters inclusive and accessible topersons with disabilities as well as take effective national measures to ensure privacy. In
addition, the Committee recommends that the State Party revise the “Guidelines for
ensuring a good living environment in shelters” in accordance with international standards,
16

including the Sphere Standards, with the participation of persons with disabilities.
Furthermore, the Committee also recommends providing citizens with information related
to welfare evacuation shelters during normal times.
5. Temporary housing○ The Committee is concerned that because temporary housing is not designed with universal design,
persons with disabilities living there face numerous difficulties in everyday life.
● The Committee recommends that the State Party take effective national measures to maketemporary housing inclusive and accessible in accordance with the particularcharacteristics of each disability and make this the basic standard for temporary housing.
6. The nuclear plant disaster in Fukushima○ The Committee is concerned that people were forced to repeatedly move between shelters during
the Great East Japan Earthquake due to the nuclear plant disaster in Fukushima, and there werepersons with disabilities who became physically weak and died from hypothermia or other reasons.
● The Committee recommends that the State Party promptly establish a committee to discuss
how persons with disabilities living near nuclear power plants in Japan can safely evacuate
if a nuclear plant disaster occurs, and the committee include persons with disabilities who
were affected in Fukushima by the Great East Japan Earthquake.
7. Protecting persons with disabilities and ensuring their safety amidst the spread of COVID19○ The Committee has the following concerns regarding the protection of persons with disabilities andthe assurance of their safety in the State Party amidst the spread of COVID-19.
a. That there were several countries where patient priority was determined in a manner in which
persons whose conditions worsened were unable to receive treatment in the name of triage due
to disability, and that many persons with disabilities felt that their lives were in danger uponhearing reports that the national health care system could collapse.
b. That persons with disabilities with a fever or other symptoms who suspected infection were unable
to be tested immediately, exponentially increasing the stress and anxiety of persons withdisabilities in numerous settings, including in their personal lives, work and activities, and visiting
support settings.
c. That there were cases of increased discrimination and prejudice due to the spread of the virus,
such as welfare service offices and facilities that experienced mass infections being slandered by
local residents.
d. That there were reports of DV during the stay-at-home period, and this poses the risk of theoccurrence and exacerbation of DV and abuse toward persons with disabilities living with theirfamilies, especially toward women and children. Even during normal times, it is difficult for womenwith disabilities to access consultation centers, and even if they did, it is difficult for them to obtainthe necessary protection and support; however, amidst the spread of COVID-19, they have been
unable to receive help due to the additional factors such as staff shortages at consultation centers.
● The Committee recommends that the State Party:
a. Work to increase awareness based on CRPD so that patient priority during infectious
disease epidemics is not determined on the basis of disability, and sufficiently expand
medical care systems and facilities so that medical care reaches persons with disabilities
and all persons who need it.
b. Establish a testing system where persons with disabilities, their families, and theirassistants can be tested quickly if they are suspected of being infected.
c. Take measures, including enhancing awareness as well as providing counseling andsupport, in order to protect persons with disabilities from discrimination and prejudiceduring the spread of COVID-19.
d. Take effective measures to prevent the occurrence and exacerbation of all forms ofviolence and abuse toward women, children, and other persons with disabilities even whengoing outside is restricted due to COVID-19; and provide reasonable accommodation as
well as counseling and evacuation facilities.
8. Accessibility and reasonable accommodation related to information amidst the spread of
COVID-19○ The Committee has the following concerns with regard to accessibility and reasonableaccommodation related to information amidst the spread of COVID-19.
17

a.

That there are cases in which telephone numbers are the only contact information provided for
COVID-19 consultation centers, public health centers, medical institutions, and other cases inwhich various information such as that from the national and local governments, business owners,
and mass media are not accessible, and that there are cases in which there is a lack of reasonableaccommodation related to information.
b. That it is difficult to use communication support services based on the Act on Comprehensive
Support for Persons with Disabilities, including note-taking/captioning, sign language
interpretation, and interpreter-guides for persons with deafblindness, because there is often close
contact with interpreters amidst the spread of COVID-19. Since these services were developed
based on face-to-face communication, they cannot always be used with remote conference
systems and remote sign language interpreting services. This results in cases in which persons
with disabilities are isolated or deprived of opportunities to participate in society or gather together.
● The Committee recommends that the State Party:
a. Ensure that information from the national and local governments, mass media, andbusiness owners related to COVID-19, including online information, is provided in amanner that is accessible to all persons with disabilities, and that appropriate measures
are taken so that reasonable accommodation is ensured and communication is guaranteedwith regard to the provision of information related to COVID-19.
b. Take effective measures so that communication support services based on the Act onComprehensive Support for Persons with Disabilities can be used even amidst the spreadof COVID-19 so that persons with disabilities are not set back in terms of participation insociety. Ensure that communication support services can be used with remote conference
systems and remote sign language interpreting services.
9. Ensuring local community support services (including personal assistance) amidst the
spread of COVID-19○ The Committee has the following concerns with regard to ensuring local community support
services (including personal assistance) amidst the spread of COVID-19.
a. That a lack of infection-prevention supplies and equipment, including disinfectants and personal
protective equipment such as face masks (including transparent face masks), face shields, andprotective clothing, forced support to be provided without ensuring the safety of persons withdisabilities and their assistants, forced service providers to close and discouraged the use of
support.
b. That, due to infection-prevention measures, there was a substantial decline in the use of support
by persons with disabilities and a deterioration in the financial conditions of service providers thatprovide community living support to persons with disabilities.
● The Committee recommends that the State Party:
a. Retain a sufficient stock of infection-prevention supplies and equipment, including
disinfectants and personal protective equipment such as face masks (including transparent
face masks), face shields, and protective clothing so that persons with disabilities canreceive necessary support with a sense of security even amidst the spread of an infectious
disease; and ensure that these are available to persons with disabilities, their families, andservice providers that need them. Take into account in such situations, that there are
persons with disabilities who are highly likely to become infected or spread infection whencoming into contact with assistants such as care givers and interpreters, and those whose
conditions are susceptible to worsening if infected.
b. Compensate service providers for losses in revenue experienced due to COVID-19 to match
what their expected revenue would be if not for COVID-19, so as to prevent setbacks in theprovision of local community support services to persons with disabilities.
10. Income compensation amidst the spread of COVID-19○ The Committee has the following concerns with regard to the income of persons with disabilities
amidst the spread of COVID-19.
a. That there has been a sharp decline in the recruitment activities by companies from the perspectiveof infection prevention, making it difficult for persons with disabilities to gain new employment. That
there even persons with disabilities who are employed will lose their income due to layoff ortermination of employment.
b. That persons with disabilities who are self-employed and engaged in work where contact withpersons cannot be avoided, such as to administer massages, acupuncture, and moxibustion areunable to work from the perspective of infection prevention and are losing income.
18

c.
d.

●
a.

b.
c.

d.

That persons with disabilities who work in welfare employment settings have lost their jobs due toreduced economic activity and it is difficult to ensure their wages and salaries.
That although the national government has set forth economic measures such as special cash
payments of JPY 100,000 per person, people are expected to complete and submit an application
form, and there are people with disabilities who cannot receive the payment due to the inability toread, understand, or complete the form.
The Committee recommends that the State Party:
Take effective measures to fully protect the employment of persons with disabilities amidst
the spread of COVID-19, even as companies are facing economic conditions of
unprecedented severity.
Take effective measures to compensate the income of self-employed persons withdisabilities who have lost work amidst the spread of COVID-19.
Take effective measures to compensate the income of persons with disabilities who work inwelfare employment settings, where it is difficult to ensure wages and salaries amidst the
spread of COVID-19.
With regard to economic measures taken in response to the spread of COVID-19, such as
special cash payments, provide appropriate information and support in accordance with theparticular characteristics of each disability at all stages from application to payment toensure that there are no persons with disabilities who are unable to receive the payments.

19Article 12 Equal recognition before the law
1. Abolition of the adult guardianship system and provisions establishing the incapacity to sue○ The Committee is concerned that there are laws that restrict the equality of persons with disabilities
before the law.
● The Committee recommends that the State Party eliminate laws that restrict the equality of
persons with disabilities before the law by amending the Civil Code to abolish the adultguardianship system and amending the Code of Civil Procedure to abolish provisions
establishing the incapacity to sue.
2. Shift to supported decision-making○ The Committee is concerned that the support persons with disabilities may require in exercisinglegal capacity is insufficient, and that the support system allows intervention based on best interestsin the name of support for decision-making under guidelines such as the “Guidelines for Support
for Decision-Making Relating to the Provision of Welfare Services for Persons with Disabilities”
prepared by the Ministry of Health, Labour and Welfare.
● The Committee recommends that the State Party eliminate provisions regarding
intervention based on best interests from “Guidelines for Support for Decision-Making
Relating to the Provision of Welfare Services for Persons with Disabilities” and shift to asystem that provides persons with disabilities the support needed when exercising legal
capacity based on their own will and preferences in order to shift from substitute decisionmaking to supported decision-making.
3. Measures to raise the awareness of related professionals○ The Committee is concerned that there are insufficient measures to raise the awareness ofadministrative officers including police officers, judicial officials, and professionals with regard to
the right of persons with disabilities to receive equal recognition before the law and to receive
support for decision-making.
● The Committee recommends to the State Party that administrative officers including police
officers, judicial officials, and professionals are trained by instructors, that include persons
with disabilities, in order to raise their awareness with regard to the right of persons withdisabilities to receive equal recognition before the law and to receive support for decisionmaking in accordance with General Comment No. 1 of the Committee.
(*) Please refer to Articles 1-4 regarding disqualifying clauses.

20Article 13 Access to justice
1. Establishing laws regarding procedural accommodations○ The Committee is concerned that, in the event that a person with a disability becomes the subjectof or is otherwise involved in criminal case procedures or the equivalent (including as the victim),
becomes a citizen judge as established in the law concerning participation of citizen judges incriminal trials, or becomes party to or is otherwise involved in civil, domestic, or administrative caseprocedures, related laws and regulations, including the Code of Criminal Procedure and the Codeof Civil Procedure, contain no provisions that ensure diverse means of communication based on
the particular characteristics of each disability, and no provisions that the individual be provided
with materials related to the litigation in braille, digital form, a form that is easy to read, etc.
● The Committee recommends that the State Party establish provisions in related laws andregulations, including the Code of Criminal Procedure and the Code of Civil Procedure,ensuring that, in the event that a person with a disability becomes the subject of or isotherwise involved in criminal case procedures or the equivalent (including as the victim),
becomes a citizen judge as established in the law concerning participation of citizen judges
in criminal trials, or becomes party to or is otherwise involved in civil, domestic, or
administrative case procedures, (a) the individual is promptly provided with procedural
accommodations based on the particular characteristics of each disability, which includes(i) diverse means of communication including sign language, (ii) materials related to thelitigation in braille, digital form, or a form that is easy to read, and (b) there is nodiscriminatory treatment such as detention for psychiatric examination on the basis ofintellectual or psychosocial disability.
○ The Committee is concerned that related laws and regulations do not contain provisions forproviding information in an accessible manner to persons with disabilities observing trials.
● The Committee recommends that the State Party establish legislation for providing
information in an accessible manner to persons with disabilities observing trials.
2. Ensuring accessibility in judicial procedures using information and communication
technology (ICT)○ The Committee is concerned that the State Party has a system design that is insufficient forproviding procedural accommodations to persons with disabilities when promoting the use of
information and communication technology (ICT) in judicial procedures. Specifically, in accordancewith the government’s “Future Investment Strategy 2018,” a “Study Group on IT Conversion in
Court Procedures” was established to promote the introduction of IT in court procedures, etc., anda “Summary for IT Conversion in Court Procedures” was compiled on March 30, 2018. Attempts
are being made to move ahead quickly with the introduction of IT in courts (e-Filing, e-Case
Management, e-Court). Accordingly, exchanging of documents using PDF files is to become
standard, posing the risk that involved parties with visual and hearing disabilities in particular will
be prevented from participating in court procedures.
● The Committee recommends that, when promoting the use of information andcommunication technology (ICT) in judicial procedures, the State Party make theinformation and communication systems used in judicial procedures accessible to all
persons with disabilities in order to ensure effective access to justice for persons withdisabilities by providing them with procedural accommodations. This includes the following.
a. Ensuring that forms sent and received online by litigants and text-based data managed by
the court are formatted in a manner that is accessible to persons with visual disabilities,
deafblindness, etc.
b. Designing online video conference systems used during court procedures, etc. in a mannerthat can be operated by persons with visual disabilities, deafblindness, etc.
c. Ensuring that persons who are deaf or hard of hearing can use their desired communication
method, such as sign language or captions, when conducting court procedures, etc. withan online video conference system.
d. Updating related legislation concerning court procedures, including the Code of Civil
Procedure and the Code of Criminal Procedure, in order to ensure (a) through (c) above.
3. Training○ The Committee is concerned that there is insufficient training for attorneys, court officials, court
judges, public prosecutors, police officers, prison officers, and other law enforcement officials.
21

●

The Committee recommends that the State Party make it mandatory for attorneys, court
officials, court judges, public prosecutors, police officers, prison officers, and other law
enforcement officials to receive training on the human rights of persons with disabilities
based on the CRPD and the provision of adequate procedural accommodations, and that it
conducts this training regularly.

22Article 14 Liberty and security of person
1.
○

●

2.
○

●

Revision of the law to abolish involuntary hospitalization and activity restrictions on thebasis of disability
The Committee is concerned that there are laws that allow psychiatric hospitals to impose
involuntary civil commitment and activity restrictions on persons with psychosocial disabilities, andthat liberty and security of person is being threatened for a large number of persons, withapproximately 180,000 reported involuntary hospitalizations for medical care and protection in
FY2018 （ from April 2018 to March 2019) and approximately 1,500 involuntary hospitalized
patients as of the end of FY2018.
The Committee recommends that the State Party revise the law to abolish the involuntary
hospitalization system that deprives liberty of person on the basis of disability or othercases in accordance with Articles 28 and 33 of the Act on Mental Health and Welfare for the
Mentally Disabled, and to abolish activity restrictions on the basis of disability and otherrequirements in accordance with Article 37 of the same law.
Establishment of guidelines and plans for abolishing involuntary hospitalization and activity
restrictions
In voluntary hospitalization systems where patients with psychosocial disabilities can be admittedwith their consent, voluntary discharge procedures are not recognized, with discharge being
determined by the psychiatric hospital administrator. In addition, it has been pointed out thatapproximately 172,000 patients are admitted for a long-term hospitalization of one year or longer,of which at least 1,773 are admitted for 50 years or more. The Committee is concerned that persons
with psychosocial disabilities, that cover intellectual disabilities, and dementia as well, are left
unable to be discharged from psychiatric hospitals for long periods due to the involuntary
hospitalization system and activity restrictions established in the Act on Mental Health and Welfare
for the Mentally Disabled.
The Committee recommends that the State Party address this by establishing guidelines
and plans to end the state of affairs in which persons with psychosocial disabilities can beadmitted to psychiatric hospitals without their consent and have their activities restricted.

23Article 15 Freedom from torture or cruel, inhuman or degrading treatment or punishment
1. Forced treatment under the Act on Medical Care and Treatment for Persons Who Have
Caused Serious Cases under the Condition of Insanity (iryo kansatsu ho)○ The Committee is concerned that the State Party has a law that forces persons who have caused
serious cases against others under the condition of “insanity” to undergo humiliating or degrading
hospitalization or hospital visits without their consent on the grounds of preventing a second offence.
● The Committee recommends that the State Party begin considering the abolition of the Act
on Medical Care and Treatment for Persons Who Have Caused Serious Cases Under theCondition of Insanity (iryo kansatsu ho).
2. Non-consensual medical care
○ The Committee is concerned that invasive medical treatment and forced treatment by drug
administration and modified electroconvulsive therapy (m-ECT), which have been administeredwithout the consent of children and persons with disabilities, are conducted within the State Party.
● The Committee recommends that the State Party prohibit non-consensual invasive medical
treatment and forced treatment by drug administration and m-ECT, investigate the violationof the rights of persons with intellectual and psychosocial disabilities who have been
hospitalized for long periods or received forced treatment, and establish an independent
monitoring system to remedy the situation.
(*) Please refer to Articles 17 regarding the issue of forced sterilization.

24

Article 16 Freedom from exploitation, violence, and abuse
1. Revision of the Persons with Disabilities Abuse Prevention Act○ The Committee is concerned that the scope of reporting obligation under the “Act on Prevention of
Maltreatment of Persons with Disabilities and Support for Attendants of Persons with Disabilities”
is limited to attendants(caregivers), employers, and welfare facility employees, with medical careinstitutions, educational institutions, and public agencies not being subject to a reporting obligation,
so that abuse toward persons with disabilities in these entities is not reported.
● The Committee recommends that the State Party begin considering revising the “Act on
Prevention of Maltreatment of Persons with Disabilities and Support for Attendants of
Persons with Disabilities” to make all institutions, including medical institutions,educational institutions, and public agencies, subject to reporting obligations.
2. Efforts to prevent and remedy abuse toward persons with disabilities○ The Committee is concerned that, regardless of the enactment of the “Act on Prevention of
Maltreatment of Persons with Disabilities and Support for Attendants of Persons with Disabilities,”
there continues to be cases of serious abuse toward persons with disabilities, and since there is noeffective remedy system, investigative body, or training system, persons with disabilities are notsufficiently protected from abuse.
● The Committee recommends that the State Party establish effective systems, including an
independent investigative body, a remedy system, and the implementation of training.
3. Punishment for sexual abuse and sexual violence toward persons with disabilities○ The Committee is concerned that, although there are cases in which minors with disabilities
become victims of sexual violence from relatives, school teachers and/or other staff, in a dominantposition or relationship to the individual, there is no preventative legislation against this.
●The Committee recommends establishing laws with a preventative effect against sexual
violence toward all persons with disabilities, especially women and children with disabilities,
including amending laws, such as relaxing the requirements for “inability to resist” inArticle 178 of the Penal Code.
4. Judicial interviews○ The Committee is concerned that, in the event that a minor with a disability becomes victim tosexual violence, no interview/hearing method that takes into account the particular characteristics
of each disability has been established in order to reduce psychological burden and ensures thereliability of testimony.
● The Committee recommends establishing and widely disseminating an interview/hearing
method that takes into account the particular characteristics of each disability has been
established in order to reduce psychological burden and ensures the reliability of testimony.
5. Participation of persons with disabilities in investigative processes, including the “Study
Group on Criminal Law Related to Sexual Crimes”○ The Committee is concerned that no persons with disabilities are participating in the “Study Groupon Criminal Law Related to Sexual Crimes” established by the Ministry of Justice in April 2020 withregard to sexual crimes against children and persons with disabilities.
● The Committee recommends that the State Party ensures persons with disabilities andrelated persons participate in the “Study Group on Criminal Law Related to Sexual Crimes”
conducted by the Ministry of Justice with regard to sexual crimes exploiting disabilities, sothat it is possible to take effective measures to prevent sexual crimes against persons withdisabilities.

25

Article 17 Protecting the integrity of the person
1. Forced sterilization under the former Eugenic Protection Law (1948-1996)○ The Committee notes that the “Act on the Provision of Lump-sum Compensation to Persons Who
Received Eugenic Surgery, under the Former Eugenic Protection Law (1948-1996)” (hereinafter,
the “Lump-sum Payment Act”) was enacted and went into effect. However, the Committee isconcerned that the following issues have been reported.
a. That the lump-sum payment provided to victims is low.
b. That the apologizing subject in the Lump-sum Payment Act is “we,” and there is no clear apology
from the state.
c. That the Lump-sum Payment Act does not provide sufficient considerations to [1] persons who areunable to claim payment because they do not know that they have suffered damage due to being
deceived or not receiving sufficient explanation, [2] persons who do not know that they can request
payment due to an intellectual disability, etc., and [3] persons who do not know how to request
payment.
d. That the period for applying for lump-sum payment is limited to five years.
e. That, in the event that a married victim of sterilization dies before lump-sum payment is requested,
the surviving spouse cannot apply for lump-sum payment.
● The Committee recommends that the State Party include representatives from organizationsof persons with disabilities in considerations regarding a method for requesting lump-sum
payment that takes into account persons who unknowingly received surgery and persons
who require communication support or sign language interpretation, and that it takemeasures to extend the application period.
2. Investigation, verification, and measures related to forced sterilization○ The Committee is concerned that, even after the former Eugenic Protection Law was amended to
the Maternal Health Act in 1996, persons with disabilities continue to receive forced sterilization,hysterectomies, etc.
● The Committee recommends to the State Party that the actual conditions of the performanceof forced sterilization, hysterectomies, etc. on persons with disabilities are investigated andverified by an independent third-party committee that includes representatives fromorganizations of persons with disabilities; and that necessary measures are taken to prevent
recurrence, including the education, awareness-raising, and training of related education,
medical, and welfare support specialists.
3. Elimination of the time limit for filing a lawsuit related to the forced sterilization of persons
with disabilities○ The Committee is concerned that, although illegality was recognized in litigation against forced
sterilization on the basis of disability (*1), compensation was not allowed due to expiration of thestatute of limitations (*2), causing a large number of persons with disabilities to abandon litigation.
● The Committee recommends that, in the event that a person with a disability files a suit forforced sterilization, etc. on the basis of disability, including a claim on national
compensation, the State Party take the necessary measures to prevent the application of
the provisions of the statute of limitations or extinctive prescription when determining
whether or not to recognize the individual’s right to compensation.
(*1) International community has recognized the non-consensual sterilization of a person with a disability as a form of
torture due to being a cruel, inhuman act that denigrates the individual. (OHCHR, UN Women, UNAIDS, UNDP, UNFPA,
UNICEF, WHO, 2014, Eliminating forced, coercive and otherwise involuntary sterilization.)(*2) The Committee Against Torture has twice recommended that statutes of limitations should not be applied in casesof litigation against torture. (CAT/C/JPN/CO/1, 3 August 2007) (CAT/C/JPN/CO/2, 28 June 2013)

26

Article 18 Liberty of movement and nationality
1. Immigration and emigration○ The Committee is concerned that, with regard to the provisions of Article 5 (Denial of Landing),
Paragraph 2 of the Immigration Control and Refugee Recognition Act (“A person who, due to amental disability, is constantly unable to understand right from wrong or whose capacity for such
understanding is significantly lacking, and is not accompanied by those persons…to assist him orher”), the provisions “due to mental disability,” “is… unable to understand right from wrong,” or“whose capacity for such understanding is significantly lacking” specify “mental disability,” allowing
denial of entry or exit to persons with psychosocial disabilities on the basis of disability.
● The Committee recommends that the State Party revise the phrase “due to mental disability”
in Article 5, Paragraph 2 of the Immigration Control and Refugee Recognition Act, which
could be a reason to deny entry or exit to persons with psychosocial disabilities, which
cover intellectual disabilities as well.
2.
○●

Reasonable accommodation for immigrant and permanent resident foreign nationals withdisabilities
The Committee is concerned that there is a lack of accessibility and reasonable accommodation
for foreign nationals with disabilities who cannot read Japanese. For example, although there aresome brochures in foreign languages for general residents, brochures on welfare systems for
persons with disabilities are sometimes only provided in Japanese. In addition, it is necessary toensure accessibility and reasonable accommodation for foreign nationals in their native language
and sign language videos to help them understand not just welfare systems for persons withdisabilities but also information on daily life in general. However, it has been reported that this typeof accessibility and reasonable accommodation are not provided, leaving persons with disabilities
likely to suffer more disadvantages than persons without disabilities when entering or leaving thecountry or when moving for the purposes of immigration or permanent residency.
The Committee recommends that the State Party ensure accessibility and methods ofcommunication related to entering and leaving the country, immigration, and permanent
residency based on the particular characteristics of each disability as reasonableaccommodation to foreign nationals with disabilities entering or leaving the country,
including those who will immigrate to or reside permanently in Japan, and to foreign
nationals with disabilities who cannot read Japanese.

27Article 19 Living independently and being included in the community
1. Absence of laws regarding the right to live in a community as well as transition to thecommunity○ The Committee is concerned that there are no laws that specify the rights of persons with disabilities
to live inclusive, independent lives in the community or laws that promote “transition to thecommunity,” and that transition to the community programs and community settlement support are
not being conducted as policies with focused budget allocation measures.
● The Committee recommends that the State Party specify the “right to live in communities”
and “transition to the community” in the Basic Act for Persons with Disabilities, the Act onComprehensive Support for Persons with Disabilities, and the Mental Health and Welfare
Act as well as implement these as policies with focused budget allocation measures in orderto ensure independent living and community inclusion for persons with disabilities.
2. Transition to the community from residential institutions○ The Committee has the following concerns regarding the lack of progress in transition to thecommunity in light of a shortage of social resources, including places to live in communities due topolicies that presuppose dependence on family, and the lack of such resources being
supplemented by residential institutions.
a. That approximately 120,000 persons with intellectual disabilities and approximately 73,000
persons with physical disabilities currently live in residential institutions, and the number ofresidents in such institutions was only reduced by 8,000 persons with intellectual disabilities (6%)
and 14,000 persons with physical disabilities (16%) in the ten-year period leading up to 2015.
There has been no progress in transition to the community from residential institutions or parental
homes, with the number of persons on waiting lists to enter residential institutions assumed e toexceed the number of persons leaving institutions, and not all persons with disabilities are able toexercise the right to choose where and with whom they live.
b. That the Basic Guidelines for the 4th Welfare Service Plan published by the Ministry of Health,Labour and Welfare (April 2015 to March 2018) set a target of at least 12% of the 132,000 persons
living at residential institutions (as of the end of March 2014) transitioning to community living in
the four-year period leading up to the end of March 2018, but only 5.8% have actually transitioned
to community living. As a result, the target was lowered to 9% in the 5th Basic Guidelines (April
2018 to March 2021) and further lowered to 6% in the 6th Basic Guidelines (April 2021 to March
2024), and no effective strategy for transition to the community has been implemented.
c. That even seven years later in April 2019, only 677 people nationwide had used “transition to thecommunity support” services under the Act on Comprehensive Support for Persons with
Disabilities, showing that effective measures for transition to the community are not being taken.
d. That, while the transition from residential institutions to places such as group homes is advancing
to some extent, there is an absolute insufficiency in the total number of places to live. Besides
residential institutions and group homes, there is an overwhelming number of persons living withparental family and only a small percentage living alone or otherwise living independently; persons
with disabilities continue to be unable to exercise the right to choose for themselves where andwith whom they live on an equal basis with persons without disabilities.
e. That approximately 2,000 persons with severe disabilities with a neuromuscular disease (NMD)
that require medical care are forced to live in muscular dystrophy wards of the National Hospital
Organization (former national sanatoriums) since their community has no system for providing
medical care. A large number of persons with psychosocial disabilities, including dementia, andpersons with other disabilities are forced to be hospitalized in long-term care beds and generalbeds under the Medical Care Act.
● The Committee recommends that the State Party:
a. Establish a community strategy to explicitly state goals and deadlines for systematicallydeveloping new social resources necessary for persons with disabilities to engage incommunity living and make the strategy a part of the Act on Comprehensive Support for
Persons with Disabilities. Enhance the practicality and effectiveness of transition to thecommunity based on the community strategy by establishing new individual plans(including support for decisionmaking and empowerment) regarding transition to thecommunity that center on each individual person who is institutionalized or hospitalized
long-term. Ensure that the community strategy include plans for the provision of resources
to residential institutions and hospitals, and their staff, in their new roles and places ofwork, as they shift to community services. The implementation of the above plans should
28

include the provision of (i) information on transition to community-living for persons withdisabilities living in parental homes or in residential institutions or in hospitals, and (ii)support for decision-making in accordance with the provisions of Article 12 of theConvention and General Comment No. 1, (iii) housing, and (iv) family support.
b. Understand the actual conditions of the independent living of persons with disabilities in
the community, such as lifestyles other than living with parents or siblings or in grouphomes, for example, living alone; understand and take necessary measures with regard to
the actual conditions of the multiple difficulties of community living faced by women withdisabilities.
3. The problems of long-term psychiatric hospitalization; stagnant transition to the community○ The Committee has the following concerns with regard to the problems of long-term psychiatrichospitalization and the stagnation in transition to the community.
a. That the average number of days spent in psychiatric hospitals in Japan is one of the highest in theworld at 265.8 days, approximately 60% of patients are hospitalized for one year or longer, andapproximately 20% are hospitalized for ten years or longer, showing that no progress is being madein the transition to the community from psychiatric hospitals.
b. That there were 358,000 psychiatric hospital beds in Japan 1999, 330,000 of which still existed 19
years later in 2018, accounting for over 20% of the 1,250,000 psychiatric hospital beds in the entire
world. That at least 90% of psychiatric hospitals are privately operated, and the management ofprivate hospitals has taken precedence over fundamental revisions of the system to restore therights of persons with psychosocial disabilities. That despite the formulation of the Vision for
Reforming Mental Health Care and Welfare in 2004, which found that there were approximately
72,000 social hospitalization patients who could be discharged if the community was ready, forthem, and its aim to reduce the number of such patients to zero in ten years, less than 20,000
people had transitioned to the community in ten years.
c. That the State Party’s policy for the discharge and transition to the community of long-term
inpatients with psychosocial disabilities in psychiatric hospitals deems approximately 70% of longterm inpatients as “severe and chronic” and establishes that these individuals need not bedischarged due to requiring medical care. Furthermore, that transition to the community is stagnant
due to the system being designed in such a manner that only 10% of these individuals can bedischarged and transitioned to the community if they were no longer deemed “severe and chronic.”● The Committee recommends that the State Party shift from the allocations of budgets andresources that overemphasize medical care to those that enhance community welfare
services, and propose and implement effective transition to the community and community
inclusion strategies that include the reduction of hospital beds, in order to eliminate social
hospitalization and to enable all persons with psychosocial disabilities hospitalized in
psychiatric hospitals to live in the community. Furthermore, the implementation of theabove strategy should include the provision of (i) information on transition to communityliving for persons with disabilities living in parental homes or in residential institutions orin hospitals, and (ii) support for decision-making in accordance with the provisions ofArticle 12 of the Convention and General Comment No. 1, (iii) housing, and (iv) family
support.
○ The Committee is concerned about reports that persons with psychosocial disabilities, including
dementia, are being admitted into institutions and psychiatric hospitals without confirming their will.
● The Committee recommends that the State Party conduct a fact-finding investigation byinterviewing individuals on the abolition of the system of involuntary hospitalization for
persons with psychosocial disabilities, including dementia, and the extent to which theirown wills were respected when they were admitted to resident institutions or psychiatrichospitals.
Table 1: Number of inpatients in psychiatric departments by length of hospitalization
Total
numberLess
than 1month

280,815

26,8281 monthor morebut lessthan 3months20,0143 monthsor morebut lessthan 6months
29,487

Length of hospitalization
6 months 1 year or
5 years
or moremore
or morebut lessbut lessbut lessthan 1than 5than 10
year
years
years
32,17980,941
38,11129

10 yearsor morebut lessthan 20years
28,857

20
years
or
more

Unknown

23,765633

Excerpts from FY2018, 630 Aggregate (630 Survey) by the Ministry of Health, Labour and Welfare

4. Insufficient community support services and problems relating to such support○ The Committee has the following concerns regarding insufficient community support services underthe Act on Comprehensive Support for Persons with Disabilities and problems relating to suchsupport.
a. That grant decisions for welfare services are conducted by municipal governments, and the amountof services is often limited by municipal governments as they try to avoid fiscal burdens. That there
is also a gap between local governments in the number of service providers. Because of these,
there are many regions where sufficient public services necessary for persons with disabilities tolive in the community are not being provided. That, in addition, although there are assessment
mechanisms in place for grant decisions for welfare services, such as disability supportclassifications and service use plan proposals, the actual grant decisions are greatly affected bydisability support classifications based on the medical model.
b. That there is insufficient social protection and support for persons with disabilities who aredischarged from institutions and hospitals. For example, “home-visit care for persons with severe
disabilities,” the system among those currently in place that is closest to a personal assistanceservice, is mostly available for persons with physical disabilities and available to only a small
percentage of persons with severe intellectual or psychosocial disabilities. That, in addition, there
are limits on the use of this service for “commuting to/from or while at work,” “commuting to/from orwhile at school,” and “driving of a car by a personal assistant,” as well as for participating in politics
or in religious, social, or leisure activities, and these are factors that prevent participation in society
and community life of persons with disabilities.
c. That, although the number of community living support services that are mandatory for municipal
governments have doubled from five to ten from 2006 to 2020, the national government’s budget
has only increased by a small amount, and the national government’s and prefectural governments’annual budgets for these services is extremely insufficient. Furthermore, that it is held that thenational government and prefectural governments “may subsidize” up to 50% and 25%,
respectively, of support service expenses “within the scope of their budgets” to municipal
governments, and municipal governments must bear the entire cost alone if there are deficiencies
in the national or prefectural government budgets. That municipal governments with small fiscal
scales are refraining from providing the communication support and transition support services,
both of which are mandatory community living support services, resulting in the widening of regionalgaps.
d. That there is a shortage of assistants (including personal assistants) and support persons in welfare
services overall, which is impeding the community life of persons with disabilities.
● The Committee recommends that the State Party:
a. Revise the mechanisms under the current health and welfare services for persons withdisabilities that limit the use of services based on the type and degree of disability and theexistence of family members and housemates. Shift to mechanisms based on the social
model/human rights model, which respect the needs of persons with disabilities anddetermine the provision and amount of services according to their needs in daily and social
life.
b. Eliminate the legislative and operational restrictions on home-visit care for persons withsevere disabilities that prevent persons with disabilities from participating in society on an
equal basis with others.
c. Ensure the necessary budget to eliminate gaps between local governments in theimplementation of community living support services.
d. Take effective measures to eliminate the shortage of human resources in welfare services.

30

Article 20 Personal mobility
1.
○
●

2.
○

●

Obligation to provide accessibility
The Committee is concerned that accessibility is not defined in legislation as a precondition forliberty of movement, and that no progress is being made in the provision of accessibility in regions
outside of major cities.
The Committee recommends that the State Party specify in related legislation, including The
Basic Act for Persons with Disabilities and The Act on Promotion of Smooth Transportation,etc. of Elderly Persons, Disabled Persons, etc. (hereinafter “the Barrier-Free Law”), thataccessibility with assurance of safety is a precondition for persons with disabilities to live
independently, fully, equally participate in society, and that the obligation to provide
accessibility is unconditional; additionally, that the State Party establish a development planwith a deadline to guarantee liberty of mobility to persons with disabilities in all regions.
Elimination of restrictions on purpose of use
The Committee is concerned that the systems that allow the mobility of persons with disabilities(home-visit care for persons with severe disabilities, accompanying support, activity support,
assistance for hospital visits, transportation support for community living support services) haverestrictions that do not allow them to be used for purposes such as commuting to and from work or
school, or being used all year long or over a long period, depriving persons with disabilities of theopportunity to work, learn, etc.
The Committee recommends that the State Party eliminate the restrictions from the Act onComprehensive Support for Persons with Disabilities that do not allow home-visit care for
persons with severe disabilities, accompanying support, activity support, assistance forhospital visits, transportation support for community living support services to be used for
purposes such as commuting to and from work or school, or being used all year long orover a long period.
(*) Home-visit care for persons with severe disabilities refers to overall life support, including transportation for
persons with severe psychosocial, intellectual, and orthopedic disabilities. Accompanying support refers totransportation support for persons with visual disabilities and deafblindness. Activity support refers to transportation
support for persons with severe intellectual or psychosocial disabilities. Transportation support for community living
support services refers to transportation support for persons with mild to moderate disabilities.
(*) Statements with the same intent exist in Articles 19, 27, and 29.

3.
○

Elimination of restrictions on number of hours that services can be used
The Committee is concerned that, despite the needs of users, activity support is limited to eight
hours per day, that there are also restrictions on the number of hours that accompanying support
and transportation support for community living support services can be used, that grant decisions
are not made according to need, and that sufficient time is not ensured for persons with disabilities
to go about their social lives. The Committee is also concerned that in addition, only 91% of local
governments provide transportation support for community living support services (as of March2017), so that not all persons with disabilities are able to use this.
● The Committee recommends that the State Party:
a. Eliminate the restrictions on the number of hours that activity support, accompanying
support, and transportation support for community living support services may be used.
b. Have all local governments implement transportation support for community living support
services.
c. Establish standardized implementation guidelines at the national level and work to ensurethat there are no municipal governments that restrict the number of hours or fail to
implement these services.
4.
○●

Refusal of wheelchair users by universal design taxis
The Committee is concerned that taxis that meet the Universal Design Taxi Certification
Requirements established by the Ministry of Land, Infrastructure, Transport and Tourism are
frequently refusing wheelchair users.
The Committee recommends that the State Party analyze the factors behind the refusal ofwheelchair users by universal design taxis as well as thoroughly train drivers on theboarding and alighting process in order to eliminate such refusal, that it revise the Universal
Design Taxi Certification Requirements to shorten the work process and ensure sufficientinterior space, and that it urge manufacturers to develop new vehicles.
31Article 21 Freedom of expression and opinion, and access to information
1.
○

●

2.
○

●

Information accessibility legislation
The Committee is concerned that there are no systematic domestic laws or measures thatguarantee information accessibility and communication to persons with disabilities, and as a result,information and communication (including information and communication equipment as well as
information and communications systems) are not accessible to persons with disabilities and they
are frequently denied the right to freedom of expression.
In addition, the Committee is concerned that equipment is being developed that cannot be used bypersons with disabilities because guidelines related to information accessibility and JIS standards
have no legal force; that inaccessible websites and television programs that do not provide audio
descriptions, sign language interpretation, or captions are being produced; and that these areprevalent.
The Committee recommends that the State Party develop specific legislation to guarantee
information accessibility and communication for persons with disabilities, and that thislegislation provide for such things as legal force, monitoring and sanctions, and theparticipation of persons with disabilities.
Information provision by public organizations, information at public facilities, andcommunication
The Committee is concerned that various documents published by central and local administrations,legislative institutions, and judicial institutions do not provide sufficient information in diverse media
such as braille, audio, Easy Read formats, and large print. In addition, the Committee is concernedthat various public facilities do not sufficiently provide information and ensure communication informs such as braille, audio, large print, captions, and sign language interpretation.
The Committee recommends to the State Party that appropriate measures be taken to
ensure that (i) the various documents and services provided by central and local
administrations, legislative institutions, and judicial institutions as well as (ii) public
facilities provide information and ensure communication in forms that are accessible to all
persons with disabilities.

3.

Expansion of full-time employment for sign language interpreters, note-takers/captioners,
etc.
○ The Committee is concerned that there is insufficient training for sign language interpreters, notetakers/captioners, braille transcribers, readers and DAISY editors; that the certification system forthese jobs is insufficient; that full-time employment for these jobs is extremely low and stagnant;and that this is interfering with the rights of persons with disabilities in everyday life and at the timeof a disaster.
● The Committee recommends that the State Party:
a. Enhance the training (development) of sign language interpreters, establish national
certifications, and expand full-time employment for sign language interpreters who arehighly knowledgeable and skilled in various specialized fields.
b. Develop note-takers/captioners, etc., develop public certifications to enhance their quality
and number, and expand their full-time employment.
c. Implement specific measures to further improve the quality of interpreter-guides for persons
with deafblindness, while sufficiently taking into consideration the diversity of persons with
deafblindness and the individualized nature of support.
d. Make the training (development) of braille transcribers, readers and DAISY editors a
mandatory service, specifically by enhancing their developments in various specialized
fields, establishing a mechanism by which they receive fair compensation, andguaranteeing their status.
4.
○●

Restrictions on the use of “communication support”
The Committee is concerned that “communication support”, including sign language interpretationand note-taking/captioning, under the Act on Comprehensive Support for Persons with Disabilities
is restricted by purpose of use, the number of hours it can be used, and the areas in which it canbe used, and that there are gaps between local governments.
The Committee recommends that the State Party eliminate from the Act on Comprehensive
Support for Persons with Disabilities the restrictions on purpose of use, number of hours,
and usage area of communication support, and make “communication support”, including
32

sign language interpretation and note-taking/captioning available according to the needs of
persons with disabilities without gaps among local governments.

33

Article 22 Respect for privacy
1. Understanding of the actual conditions of, and measures for, privacy protection for persons
with disabilities○ The Committee is concerned that the provisions such as those for “special care-required personal
information” in the amended Personal Information Protection Act (2015) cannot be said to be widely
known, and that no public investigations have been conducted to understand the actual conditions
surrounding the violation of privacy of persons with disabilities in institutions and hospitals or theprotection of their privacy by companies in the management of customer information.
● The Committee recommends that the State Party understand the actual conditions
surrounding the violation of privacy of persons with disabilities in institutions and hospitals
as well as the protection of the privacy of persons with disabilities by companies in the
management of customer information, including attributes such as type of disability andgender, and implement necessary measures.
2. Confidentiality and privacy protection by the private businesses sector and persons
engaged in communication support○ The private businesses sector and persons engaged in the sector who are involved incommunication support such as sign language interpreters, note-takers/captioners, and persons
reading and writing for persons with visual disabilities are in a position to obtain the various personal
information of persons with disabilities. In addition, detailed information on the physical and mental
conditions and daily lives of persons with disabilities may be requested by the private businesses
sector and persons engaged in the sector providing welfare services for the purpose of preparing
service use plans, or by institutions making decisions regarding services for the purpose of
preventing the illegitimate use of services other; however, it is frequently unclear to the user why
such information is necessary. The Committee is concerned that confidentiality and the protectionof privacy are not clearly provided for by law though there are guidelines established by service
providers.
● The Committee recommends that the State Party establish explicit and comprehensive
provisions in legislation regarding the confidentiality obligations of and privacy protection
by private businesses sector and persons engaged in the sector who are involved incommunication support and other services to persons with disabilities, and that it conduct
training on the ideal method of collecting and managing personal information.
3. Management of the personal information of persons with disabilities (My Number System)○ With the start of operations of the My Number System in 2016, the entry of a My Number (individual
number) is required when applying for Physical Disability Certificate and Health and Welfare
Certificate of Persons with Mental Disabilities, and even when applying for allowances and services
for persons with disabilities. In addition, full-scale operation of information coordination between
the My Number System, the Physical Disability Certificate, and the Health and Welfare Certificate
of Persons with Mental Disabilities began in October 2018.
However, the Committee is concerned that it is unclear when, where, and how information
regarding an individual’s disabilities that are linked to the My Number will be used, and that third
parties who obtain such information will misuse it and treat individuals in a disadvantageous manner
because of their disabilities.
● The Committee recommends that the State Party verify whether information regarding an
individual’s disabilities, which in particular require privacy protection, is being protectedunder the My Number System and establish necessary measures.

34Article 23 Respect for home and the family
1.
○

●

2.
○

●

Discrimination in marriage and divorce
The Committee is concerned that there are reports of opposition to the marriage of individuals withdisabilities and their families, particularly those with hereditary diseases and disabilities, by thosearound them; that the percentage of persons with intellectual and psychosocial disabilities who aremarried is significantly low compared to persons without disabilities; and that there is adiscriminatory provision with regard to the dissolution of marriage that establishes psychosocial
disabilities as a condition of divorce (Article 770 Paragraph 1 item iv of the Civil Code).
The Committee recommends that the State Party take measures to understand and improve
the actual conditions behind why the percentage of persons with disabilities who aremarried is significantly low, and that it remove all provisions of the law concerning family
life, marriage, and divorce that are discriminatory against persons with disabilities,
including Article 770 Paragraph 1 item iv of the Civil Code.
The right to family life
The Committee is concerned that sufficient measures have not been established to support parents
with disabilities (including single parents) as well as parents raising children with disabilities andsiblings of children with disabilities, resulting in the separation of children from their parents throughadmission to a children’s home or a residential care facility for children with disabilities on the
grounds of the parent’s or child’s disability.
The Committee recommends that the State Party provide support to children withdisabilities and their parents and siblings as well as to parents with disabilities (including
single parents) to ensure that they are able to exercise their rights and responsibilities
related to the parent-child relationship on an equal basis with others, so as to prevent
families from being separated on the grounds of disability.

3.

Lack of comprehensive support measures for persons with disabilities to form families andrelated data
○ The Committee is concerned that in the State Party, which has a history of conducting forced
sterilization on persons with disabilities under the former Eugenic Protection Law, the perspectivesof guaranteeing the right to sexuality and reproductivity, the right to form a family, and the right tofamily life for persons with disabilities are not present in laws related to persons with disabilities
such as the Basic Act for Persons with Disabilities or in measures such as the Basic Program for
Persons with Disabilities. In addition, the Committee is concerned that there are reports that there
is a lack of relevant statistics necessary to establish policies in health and medical care services aswell as in education and welfare systems.
● The Committee recommends that the State Party take all necessary measures, including thefollowing matters, so that persons with disabilities can enjoy the right to sexuality andreproductivity, the right to form a family, and the right to family life.
a. Collection of relevant statistics and data regarding health and medical care services as wellas the education and welfare systems, and implementation of aggregate analysis based on
gender, etc.
b. Amendment of laws related to persons with disabilities, including the Basic Act for Persons
with Disabilities.
c. Steps related to measures such as the Basic Program for Persons with Disabilities.
4.
○●

Elimination of the interpretative declaration of Paragraph 4
The Committee is concerned that the State Party’s interpretative declaration of Article 23 Paragraph
4 of the CRPD does not specify the requirement that exception to the prohibition of separation fromparents is allowed only when necessary for the best interests of the child, leaving the possibility
that separation could be allowed even without the best interests of the child being considered in
the case of deportation in accordance with the Immigration Control and Refugee Recognition Act.
The Committee recommends that the State Party eliminate the interpretative declaration of
Paragraph 4.

35Article 24 Education
1. Policies to promote inclusive education○ The Committee has the following concerns regarding the promotion of inclusive education.
a. That indicators have not been developed and data has not been collected to monitor the progressof inclusive education as pointed out by the Commission on Policy for Persons with Disabilities in
the Initial State Party Report from the Japanese government; for example, an accurate
understanding has not been gained of the actual conditions of all children with disabilities in regularclasses.
b. That there has been an increase in the number of children receiving education in separate
environments from children without disabilities. For example, the total number of children incompulsory education is on a declining trend at 9.99 million, among which, as of May 2016, about
71,000 children (0.71%) attend special needs education schools (an increase of 1.3 times
compared to 2005), about 218,000 children (2.18%) attend special needs education classes (anincrease of 2.3 times compared to 2005), and about 98,000 children (0.98%) receive special
support service in resource rooms in regular classes (an increase of 2.3 times compared to 2005).
In addition, among the children with disabilities attending public elementary and junior high schools
who fall under the categories defined in Article 22-3 of the Order for Enforcement of the School
Education Act (May 1, 2017), 1,575 were enrolled in regular classes at elementary schools acrossJapan as of May 1, 2016; however, in 2017, this number declined to 1,444, and the percentage ofsuch children compared to the total number of students also declined.
c. That the current mechanism for determining which schools children will attend does not makeattending regular schools and classes in their communities standard, creating cases where children
who wish to receive any kind of support or accommodation and their parents feel “pressure” tochoose special needs schools and classes, and they have no choice but to give up on attending
regular classes even if they wanted to do so.
● The Committee recommends that the State Party take appropriate measures such as datacollection to understand the situation of children with disabilities in compulsory education,with a view to realizing inclusive education that allows all children to attend regular schools
in the communities in which they live in principle. In addition, the Committee recommends
taking legislative and policy-based measures related to the elementary and junior highschool systems in order to realize inclusive education. This includes the following:·Specify “disability” under the listing of discrimination in education that persons
should not be subjected to in Article 4 Paragraph 1 (Equal Opportunity in Education)of the Basic Act on Education (amended in 2006).
·
Eliminate the restrictive “insofar as possible” provision from Article 16 (Education) of
the Basic Act for Persons with Disabilities (amended in 2011).
·
Mandate the provision of reasonable accommodation in private schools under Article
8 of the Act for Eliminating Discrimination against Persons with Disabilities.
·
Amend Article 5 of the Order for Enforcement of the School Education Act to make itstandard for children to attend regular schools and classes in their communities.
·
Amend Chapter 8 (Special Needs Education) of the School Education Act and Chapter
6 (Special Needs Education) of the Enforcement Regulations for the School Education
Act to be consistent with the intent of Article 24 (Education) of the CRPD. Specifically,in Article 72 of the School Education Act, amend the provisions on the purpose of
special needs education to reflect the social/human rights model rather than the
medical model. Take the same measures for Article 81 Paragraph 1 and Article 140 of
the same law.
·
Amend the Course of Study to specify inclusive education and reasonableaccommodation.
2. Basic environmental arrangements (accessibility) and reasonable accommodation○ The Committee has the following concerns regarding basic environmental arrangements(accessibility) and the provision of reasonable accommodation in compulsory education within theState Party.
a. That, with respect to the allocation of teachers in compulsory education, there are significant
differences in systems and other aspects in regular classes at regular elementary and junior highschools in the community, special needs education classes, and special needs education schools,
and there are significant differences in the provision of necessary support and reasonableaccommodation depending on which school and classes a child attends.
36

b. That there are serious problems with the quality of education due to insufficient basic environmental
arrangements such as the lack of accessibility of school facilities and insufficient provision ofreasonable accommodation. Meanwhile, special needs schools are also in a dire situation as theireducation conditions are unable to handle the rapid increase of students.
c. That there are no systems to support allocation of teachers who specialize in children withdisabilities to all elementary and junior high schools, and the allocation of specialists other thanteachers has not been institutionalized.
● The Committee recommends that the State Party:
a. Enhance the allocation of human, technical, and fiscal resources so as to realize inclusive
education, the provision of reasonable accommodation, and basic environmental
arrangements (accessibility).
b. Take measures to prevent refusal to provide “personalized support” and reasonableaccommodation in all primary and secondary education, higher education, and lifelong
learning.
c. Ensure the allocation and training of teachers so that persons with disabilities have accessto appropriate support. This includes the following:· Amending the Educational Personnel Certification Law (adding the CRPD and inclusive
education to general education curriculums)· Amending the Act on Standards for Class Formation and Fixed Number of School
Personnel of Public Compulsory Education Schools· Amending the Act on Appropriate Location, Standards for Fixed Number of School
Personnel and Other Matters Related to Public High Schools
3. Sign language and education○ The Committee is concerned that, despite the fact that educating students and children who aredeaf requires linguistic knowledge and skills relating to sign language, specialization in this field ison the decline due to the consolidation of special needs schools and teaching licenses, and thatthe opportunity to acquire sign language and an identity through sign language is not guaranteed
due to the collapse of the group education environment resulting from the decline in the numbersof children and students.
● The Committee recommends that the State Party make it possible for students who are deaf
to acquire sign language and an identity by ensuring groups of individuals who use thesame language, including introducing programs to acquire sign language in the Course of
Study in all curriculums from primary to higher education.
4. Guarantee of the right to education for persons with deafblindness○ The Committee is concerned that “deafblindness” is not positioned as a unique disability, and there
are no special considerations for educating children with deafblindness that take into account thatthe condition of “deafblindness” differs from hearing and visual disabilities.
● The Committee recommends that the State Party position “deafblindness” as a uniquedisability and develop a system that takes into consideration the characteristics and needsof “deafblindness” in the education of children with deafblindness as it differs from hearing
and visual disabilities.
5. High school○ The Committee has the following concerns regarding the high school education of students withdisabilities.
a. That reasonable accommodation when selecting entrants for high schools is severely insufficient.
In addition, there are reports of cases in which public high schools have refused to admit students
for reasons such as being “unable to confirm the student’s will,” even when the number ofapplications was less than the capacity of the schools who would not normally have rejected any
students.
b. That no support systems have been developed at high schools to enable students with disabilities
to receive education according to the particular characteristics of their disabilities. There are reportsof cases where private schools have refused to provide reasonable accommodation due to the factthat under the Act for Eliminating Discrimination against Persons with Disabilities, the private
businesses sector only has an obligation to make efforts to provide reasonable accommodation.
● The Committee recommends that the State Party:
a. Provide reasonable accommodation to all students with disabilities and prohibit theirdiscriminatory treatment when selecting entrants for high schools to ensure that they37

receive equal opportunities as students without disabilities.
b. Ensure support systems that enable students with disabilities to receive a high school
education according to the particular characteristics of their disabilities, and mandate theprovision of reasonable accommodation by the private businesses sector in the Act for
Eliminating Discrimination against Persons with Disabilities.
c. Consider the inclusion of upper secondary education in compulsory education and asystem to extend the years of learning according to the particular characteristics of eachdisability.
6. University○ The Committee is concerned that provision of reasonable accommodation in entrance exams andafter enrollment is left up to each university, resulting in frequent cases where students are unable
to receive reasonable accommodation and an expanding gap in the quality and quantity of services
for students with disabilities at each university.
● The Committee recommends that the State Party:
a. Review the current state of the National Center Test for University Admissions so thatreasonable accommodation during the test is based on the needs of each student withdisabilities taking it. In addition, establish a system to provide reasonable accommodation
to students with disabilities according to the type and particular characteristics of theirdisability when they use systems or mechanisms other than the National Center Test for
University Admissions, for example, foreign language tests.
b. With respect to reasonable accommodation in entrance exams and after enrollment at each
university, monitor the implementation status at each university on whether reasonableaccommodation based on the needs of students with disabilities is being provided, and toestablish necessary measures.

38Article 25 Health
1. Patient rights○ The Committee is concerned that no laws have been established that specify and guarantee patient
rights (enactment of a basic act on medical care).
● The Committee recommends that the State Party pass a basic act on medical care thatspecifies provisions concerning patient rights, establish effective guidelines, and revise
other related legislation to be consistent with the basic act on medical care.
2. Special status for psychiatric medical care
○ The Committee is concerned that persons with intellectual and/or psychosocial disabilities areprevented from receiving the same safe medical care as others due to the fact that the Act on
Mental Health and Welfare for the Mentally Disabled and psychiatric medical care have lower
standards than general medical care (psychiatry exception), with separate medical systems
focused on inpatient care.
● The Committee recommends that the State Party dismantle systems that are speciallyseparated from general medical care, including the Act on Mental Health and Welfare for the
Mentally Disabled and the psychiatry exception, and establish a system that allows persons
with disabilities to receive the same safe medical care as others in their communities
without being forced into hospital admission.
3. Bearing of medical expense○ The Committee is concerned that medical expense subsidies for persons with disabilities are limited
to persons with severe impairments. In particular, the Committee is concerned that patients withintractable diseases with mild symptoms are not eligible for subsidies under the “Act on Medical
Care and Social Supports for Patients with Intractable/Rare Diseases,” even if they requirecontinuous treatment.
● The Committee recommends that the State Party establish a mechanism of medical expensesubsidy that can be received depending on the person’s capacity to cover the costs for all
persons with disabilities and intractable diseases, regardless of the degree of their disabilityor the degree of symptoms of the intractable disease.
4. Medical checkups and follow-ups according to life stage○ The Committee is concerned that high quality health examinations including hearing tests are not
implemented according to the life stage, from newborn and school age to adulthood, leading toinadequate medical care; and information on medical care and rehabilitation could not be obtained
and thus not leading to the acquisition of language (including sign language) and communication
support for families and others.
● The Committee recommends that the State Party provide support for access to early
diagnosis of disabilities, including hearing tests and other checkups according to life stage,
as well as to appropriate rehabilitation, and that it establish a system that prevents further
disabilities, provides language acquisition support (including sign language) andcommunication support for families, as well as improve quality of life.
5. Sexual and reproductive health and rights○ The Committee is concerned that there have been the following issues reported.
a. That persons with disabilities, including women with disabilities, are often regarded as having nosexual or reproductive desires or abilities, and that their decisions regarding sexuality andreproductivity are not respected.
b. That they are not provided with sufficient gender- and age-appropriate information, andopportunities and materials for sex education.
c. That there are cases where they are deprived of the ability and opportunity to reproduce throughforced sterilization or abortion.
● The Committee recommends that the State Party conduct training on the sexual andreproductive health and rights of persons with disabilities, especially to persons working at
medical, education, and welfare institutions. In addition, the Committee recommends
providing persons with disabilities, including women with disabilities, with gender- and ageappropriate information, and sex education and its materials.

39Article 26 Habilitation and rehabilitation
1. Shortage of children’s support centers and specialists○ The Committee has the following concerns regarding the fact that there is a shortage of facilities
and specialists to support children.
a. There is a lack of facilities to support the habilitation and rehabilitation of children, particularly
outside of major cities.
b. Specialists such as physical therapists, occupational therapists, speech-language-hearing
therapists, and psychologists, are not sufficiently allocated in development support centers in eacharea, though in the 2018 “Basic Guidelines for the Welfare Plan for Children with Disabilities(FY2018-FY2020),” the government set a goal to establish at least one “child development support
center” in each municipality. In addition, no mechanisms for adding remuneration for specialists
have been established.
● The Committee recommends that the State Party make arrangements and conduct
measures for the appropriate allocation of necessary specialists along with theestablishment of support centers in each area so that the necessary support can “begin at
the earliest possible stage (Article 26 Paragraph 1 (a)).”2. Differences in support by type of disability and gender○ The Committee has the following concerns regarding the fact that it is difficult to receive appropriate
support depending on type of disability and gender, and that there are also significant regional gaps.
a. As there are currently no specialist facilities that can handle the unique disability of deafblindness,even if a person is diagnosed as being deafblind (particularly congenital deafblindness) at medical
health care facilities, there is no system that will lead to habilitation for such persons. They have no
choice but to use existing facilities for children and adults with visual or hearing disabilities. However,they are unable to receive appropriate support according to the particular characteristics ofdeafblindness or their needs at those facilities.
b. It is difficult for children and adults with visual disabilities to obtain in their neighborhoods,
information regarding necessary habilitation and rehabilitation, and the number of specialists andlocations where services are provided are limited, particularly outside of major cities. Because no
mechanisms have been developed for wide area use of services and dispatch of specialists,
persons with visual disabilities are often left isolated and unable to receive support, making it
difficult for them to realize independence.
c. There are also large regional gaps in medical care and support for living for persons with higher
brain dysfunction, and there have been multiple cases in which such individuals have moved
overseas or to other areas in Japan in order to receive sufficient rehabilitation. A large number ofpeople are facing difficulties due to being unable to receive the necessary support in work andeducational settings. Although the national government is implementing pilot projects and training,
the necessary needs are not being sufficiently met.
d. Sufficient habilitation and rehabilitation according to gender are not conducted. For example, there
have been cases reported where women using above-knee prosthetics find it difficult to receive
sufficient adjustments because most prosthetists are men.
● The Committee recommends that the State Party understand support needs according todisability, gender, and age on a nationwide level, and that it ensure and strengthen regional
support centers that are “available…as close as possible (Article 26 Paragraph 1 (b)),” andthe mechanisms and human resources for services, including information provision andoutreach.

40Article 27 Work and employment
1. Realizing mobility assistance for commuting and assistance in the workplace in the labormarket○ The Committee is concerned that there are persons with disabilities who are unable to transition to
the labor market despite having the will and ability to work due to insufficient measures for mobility
assistance for commuting and insufficient measures for the use of assistance with the toilet, meals,
etc. in the workplace. The Committee is concerned that, although the State Party indicated acommitment to respond to these problems by enhancing subsidies in accordance with the Levy
(and Grant) System for Employing Persons with Disabilities in December 2019, (a) these subsidies
are only granted if business owners provide above mentioned assistance, so the right of persons
with disabilities to work is not guaranteed at businesses that do not provide such assistance, and(b) the use of community support services such as above mentioned assistance was not expanded
to the employment sphere.
● The Committee recommends that the State Party establish measures through the welfare
system so that persons with disabilities can receive mobility assistance for commuting andassistance in the workplace.
2. Welfare employment settings (sheltered workshops)○ The Committee is concerned that labor laws are not being applied to persons with disabilities
working in welfare employment settings (sheltered workshops), resulting in low wages, and that thepayment of workplace usage charges is stipulated by law.
● The Committee recommends that the State Party apply labor laws to persons withdisabilities working in welfare employment settings (sheltered workshops), establish an
income security system to eliminate income gaps between persons with disabilities working
in welfare employment settings (sheltered workshops) and those without disabilities, andeliminate provisions of law that impose usage charges upon persons with disabilities in
welfare employment settings (sheltered workshops).
3. Prohibition of discrimination on the basis of disability in matters related to all forms of
employment in the public and private sectors○ The Committee is concerned that, even after the Act for Employment Promotion etc. of Persons
with Disabilities prohibits discrimination on the basis of disability, discriminatory treatment has notbeen eliminated in matters related to all forms of employment (including insufficient allocation ofsign language interpreters to Public Employment Security Offices [Hello Work offices]), and thatthe abovementioned act has insufficient mechanisms to monitor the state of implementation andto provide a remedy.
● The Committee recommends that, in order to realize the prohibition of discrimination on thebasis of disability in matters related to all forms of employment in the public and private
sector, the State Party understand the actual conditions of discrimination as a government
and take the necessary measures to establish mechanisms to monitor and to provide a
remedy from the perspective of ensuring the effectiveness of the prohibition of
discrimination.
4. The problem of persons with disabilities being excluded from the workplace○ The Committee is concerned that persons with disabilities were not included in the investigation
related to the discovery of the 2018 “number padding problem” in which persons outside the scopeof the statutory employment rate were counted as persons with disabilities by national and local
administrative institutions. In addition, subsequent employment of persons with disabilities has
proceeded hastily without sufficient investigation into the provision of reasonable accommodationand necessary support, and there is already a large number of people who have left their jobs.
Furthermore, the Committee is concerned that the exception rate system set to be abolished at thetime of the amendment of the Act for Employment Promotion etc. of Persons with Disabilities in2002 is still in place 18 years later, and that foreign affairs public officers working in overseas
diplomatic establishments were newly added to the list of excluded employees.
● The Committee recommends that the State Party work through organizations that represent
persons with disabilities to establish a venue to investigate the “number padding problem”
related to the employment of persons with disabilities in which the participation of persons
with disabilities is ensured. The Committee also recommends that national and local
administrative institutions propose plans to let persons with disabilities employed at
41

national and local administrative institutions to be provided with reasonableaccommodation and continue to work, as well as to ensure the budget necessary to
implement these plans. Furthermore, the Committee recommends to the State Party that all
national and local administrative institutions abolish the exception rate system and achieve
the statutory employment rate, and that the State Party eliminate policies that exclude
foreign affairs public officers from the calculation of the statutory employment rate.
(*) There are some industries in which the employment of persons with disabilities is generally recognized as difficult
because there are jobs whose nature is not conducive to the mechanical application of a uniform employment rate.
For these industries, a system was established for calculating the number of employed workers in which the numberof workers who fall under the exception rate is subtracted (the employer’s obligation to employ persons withdisabilities is reduced). This exception rate system was abolished in April 2004 by an amendment of law in 2002.
As a transitional measure, for the time being, it establishes an exception rate for each industry that requires one
and gradually reduces the exception rate toward abolition. However, not only was the abolition of the exception rate
system subsequently shelved to the present day, but a policy to expand it in the public sector was indicated.

5. Double counting and special subsidiaries○ Given that there are opinions that the dignity of persons with disabilities is eroded by systems inwhich only one person with a severe disability employed, but the individual is counted as two people
when calculating the statutory employment rate, and opinions that the system of special
subsidiaries in which the number of persons with disabilities employed the special subsidiaries iscounted in the calculation of the parent company’s statutory employment rate, is violating theconcept of inclusion, the Committee is concerned about such mechanisms.
● The Committee recommends that the State Party investigate the current situation and issuesof double counting and special subsidiaries, and establish necessary measures.

42Article 28 Adequate standard of living and social protection
1. Housing○ The Committee is concerned that the scope of the “Guidelines for the Design of Elderly Persons’
Housing (last amended in 2009),” a basic policy established as housing accessibility guidelines inaccordance with the “Act on Securement of Stable Supply of Elderly Persons’ Housing,” is limited
to cases of a decline in bodily function and onset of disability due to aging and does not consider
diverse disabilities. The Committee is also concerned that provisions related to making interiors
barrier-free are extremely insufficient, resulting in unresolved issues, particularly in private housing(including Urban Renaissance rental housing), such as being unable to move around in awheelchair inside and being unable to enter the bath due to the presence of steps. Furthermore,
the Committee is concerned that there is some public housing constructed by local governmentswith subsidies from the national government that requires persons with disabilities who will occupy
the unit alone to be “self-sufficient,” which prevents them from being able to move in.
● The Committee recommends that the State Party work with persons with disabilities throughorganizations representing persons with disabilities to establish legally binding
accessibility standards that are substantively applied to private and public housing in orderto ensure accessibility in housing for persons with a diverse range of disabilities. In
addition, the Committee recommends establishing the necessary measures to ensure that
local governments abolish the requirement that persons with disabilities who will occupy
public housing alone to be “self-sufficient.”
2. Income security○ The Committee is concerned that such things as disability basic pensions, social security, andwelfare benefits do not reach persons with disabilities who need them, and that disability basic
pension standards are significantly low compared to the average income of citizens. In addition,
the Committee is concerned that, since survey results show that more persons with disabilities
receive public (livelihood) assistance than general citizens, the fact that public (livelihood)assistance criteria were lowered in 2013 and again in 2018 had a negative impact on the lives of
persons with disabilities.
● The Committee recommends that the State Party relax the qualifications for disability basic
pensions and raise the standards to a level that allows an adequate standard of living inlight of the actual living conditions of persons with disabilities, taking additional disabilityrelated costs into consideration, and that it establish measures to aid persons withdisabilities who are not receiving pensions. In addition, the Committee recommends
thoroughly investigating the impact that lowering the standards of public (livelihood)assistance has on persons with disabilities and establishing necessary measures.
3. Support necessary for community living○ The Committee is concerned that the necessary support cannot be received due to usage charges
being imposed for the disability service system, and the requirement to transition from the disability
service system to the Long-Term Care Insurance System (LTC) upon reaching the age of 65 (40for persons with specified diseases). In addition, the Committee is concerned that there are cases
in which public transport systems do not offer fare discounts that include personal assistants anddo not provide fare discounts for some types of disabilities.
● The Committee recommends that the State Party continue its current measures for free useof the disability service system for low-income individuals, eliminate charges for lowincome individuals who are currently imposed charges, and let persons aged 65 and older
to choose the disability service system if they wish to do so. In addition, the Committee
recommends taking effective measures to establish a substantive public transport m farediscount system that includes fares for personal assistants without disparity for all types of
disabilities.

43

Article 29 Participation in political and public life
1.
○

Accessibility regarding voting methods, voting environment, and paper ballots.
The Committee is concerned that voting methods and voting environment are not accessible topersons with disabilities, and that the right to vote is not ensured for persons with disabilities.
● The Committee recommends that the State Party rectify the following matters, including
amending the Public Offices Election Act, to make voting procedures accessible, easy tounderstand, and easy to use so that all persons with disabilities can exercise their right to
vote.
a. With respect to voting methods, amend Article 46 of the Public Offices Election Act, which
stipulates that voting must be completed by voters themselves, preventing persons withdisabilities who have difficulty writing on their own from exercising their right to vote;consider and introduce diverse voting formats such as circling candidates, optical answer
sheets, and electronic voting.
b. With respect to the casting of ballots by proxy, amend Article 48 Paragraph 2 of the Public
Offices Election Act, which limits assistants to polling station officials, as it prevents
persons with deafblindness who need to convey their will through an interpreter andpersons with disabilities who can only convey their will to a family member or personal
assistants from exercising their right to vote; consider and introduce casting of ballots by
proxy by a companion personally chosen by the individual in accordance with the particularcharacteristics of the disability.
c. With respect to absentee ballots, amend Article 49 Paragraph 2 of the Public Offices Election
Act, which includes a requirement that persons voting by absentee ballot must be “persons
with a severe physical disability,” as whether or not this voting method can be used isdetermined based on the medical model; allow use of this voting method by persons withdisabilities for whom it is difficult to vote at a polling station due to various social barriers,
and always make it possible to vote using braille on absentee ballots.
d. With respect to early voting, work to improve the situation, including establishing additional
polling stations in institutions and hospitals, so that persons with disabilities can vote early
at locations closer to them.
2.
○
●

3.
○
●

Information accessibility and reasonable accommodation relating to elections
The Committee is concerned that accessibility and reasonable accommodation pertaining to
information relating to elections including election broadcasts, election bulletins/election notices,
street speeches, live broadcasts of Diet sessions are not sufficiently ensured.
The Committee recommends that the State Party provide election broadcasts and live
broadcasts of Diet sessions in sign language, closed captioning, audio description, anddata broadcasting (so that persons with deafblindness can obtain the information throughbraille display); legally mandate the provision of election bulletins and notices in braille,
audio, large print, digital, and phonetic transcription (kana) versions; ensure that election
bulletins and notices are provided to persons with disabilities in hospitals and institutions;and introduce a system in which all persons with disabilities are provided with information
so that they can access it in their preferred format from a diverse range of formats, including
providing information in street speeches by sign language and text.
The right to hold office
The Committee is concerned that, when running for election or acting as assembly members,
persons with disabilities face the barrier of being unable to use public services including community
living support services, so the percentage of assembly members with disabilities is extremely low.
The Committee recommends that the State Party establish specific measures to actively
provide accessibility and reasonable accommodation for candidates and assembly
members with various disabilities, including women with disabilities, in order toguarantee their right to hold office and substantive participation as assembly members. In
particular, the Committee recommends revising the provision in Ministry of Health, Labourand Welfare Notification No. 523 that excludes “commuting, outings relating to economic
activities such as sales activities, regular outings throughout a year, or for long periods oftime, and inappropriate outings from the standpoint of social norms” from the definition ofoutings so as to allow the use of community living support services, including home-visit
care for persons with severe disabilities, during activities as an assembly member.
44

4.
○
●

Participation of persons with various disabilities, including women with disabilities, in thepolicy formation process such as administrative councils
The Committee is concerned that the participation of persons with disabilities on various
administrative councils is insufficient, and that, even when they do participate, they are unable to
do so substantively because accessibility and reasonable accommodation are not ensured.
The Committee recommends that the State Party establish a mechanism to investigate,
monitor, and publish the actual conditions of the participation of persons with disabilities
in the policy formation process to ensure that persons with various disabilities
substantively take part in the policy formation process through participation in various
councils.

45

Article 30 Participation in cultural life, recreation, leisure, and sport
1.
○

Access to recreation and leisure activities
The Committee is concerned that accessibility is not ensured at tourist locations (including temples
and shrines) and entertainment facilities (amusement parks, aquariums, cinemas, theaters) in that
there are many physical barriers, and seating positions are not provided on an equal basis withothers, and only audio information is available.
● The Committee recommends that the State Party take specific measures, including thefollowing, in order to ensure accessibility at tourist locations and entertainment facilities,
including those of a small scale.
a. Amend the Barrier-Free Law to establish mandatory standards for entertainment facilities,
including amusement parks, in order to ensure equality with others.
b. Include small-scale entertainment facilities under 2,000 square meters under specially
specified buildings that are required to ensure accessibility (Barrier-Free Law).
c. Revise the Guidelines for Promoting Smooth Transportation in Buildings established basedon the Barrier-Free Law, and increase the number of seats and distribute them in such a
way that persons with disabilities can choose seats in the same way as those without
disabilities.
○ The Committee is concerned that the actual status surrounding the leisure activities of persons withdisabilities is not understood, and a general survey found that 70% of persons with intellectual
disabilities “have never participated” in local events.
● The Committee recommends that the State Party understand the actual status and issues
as well as establish specific measures regarding the recreation and leisure activities of
persons with disabilities as a whole according to the type of disability, gender, region, and
age.
2.
○

●
○

●

○

●

3.

Accessibility to enjoy cultural works
The Committee is concerned that there is no legal obligation to provide closed captioning, sign
language, and audio descriptions on television programs; accessible screenings in cinemas; andinformation accessibility in museums including art museums, resulting in persons with disabilities
being unable to sufficiently access cultural activities.
The Committee recommends that the State Party establish specific effective measures for
persons with disabilities to access television programs as well as cultural activities such as
those offered by museums, including art museums, and cinemas, in accessible formats.”
The Committee is concerned that the “Architectural design standards for smooth transportation,etc. of elderly persons, disabled persons, etc. (supplement for facilities with audience seating suchas theaters and stadiums),” which were established in 2015 regarding physical accessibility incultural facilities including cinemas, theaters, and concert halls, are merely guidelines and not legal
standards, and there are problems with hearing loop seating and wheelchair seating, and its
sightlines.
The Committee recommends that the State Party incorporate standards in compliance with
the IPC Accessibility Guide regarding accessibility at cultural facilities, including cinemas,
theaters, and concert halls, into the Guidelines for Promoting Smooth Transportation in
Buildings; guarantee the installation of hearing loop seating and the freedom of wheelchairusers to choose a seat (including the type of seat and seats next to companions who are
not wheelchair users); and promote the development of physical accessibility in audience
seating as a whole in cultural facilities, including ensuring sightlines.
The Committee is concerned that, while the State Party ratified the Marrakesh Treaty to Facilitate
Access to Published Works for Persons Who Are Blind, Visually Impaired or Otherwise Print
Disabled and enacted the Barrier-Free Reading Act, the provision of data by publishers for brailleand audio translations is not legally mandated, and reading environments for persons with reading
difficulties are extremely insufficient, such as the inaccessibility of electronic publications.
The Committee recommends that the State Party amend the “Barrier-Free Reading Act” witha view to complete implementation of the Marrakesh Treaty to Facilitate Access to PublishedWorks for Persons Who Are Blind, Visually Impaired or Otherwise Print Disabled, mandate
the provision of data by publishers for braille and audio translations; implement themeasures, including financial measures, stipulated in the abovementioned law; andimprove reading environments for persons with reading difficulties.
Access to sports
46

○

●

○

●

The Committee is concerned that the information accessibility and provision of reasonableaccommodation related to information communication during competitions and practice areinsufficient for persons who are deaf or hard of hearing, late-deafened persons, and persons with
deafblindness, and that there are many cases where they are, in practice, subject to restrictions onparticipation in general sporting events.
The Committee recommends that the State Party establish measures to allow theparticipation of persons with disabilities for whom substantive participation is made difficult,including persons who are deaf or hard of hearing, late-deafened persons, and persons who
are deafblind.
The Committee is concerned that there are no guidelines related to information accessibility atsports facilities, and that there are insufficient measures to conduct smooth information delivery
and communication during sports games and emergencies. In addition, the Committee isconcerned that the “Architectural design standards for smooth transportation, etc. of elderly
persons, disabled persons, etc. (supplement for facilities with audience seating such as theaters
and stadiums)” are merely guidelines and not legal standards, and there are problems with thewheelchair seating and its sightlines.
The Committee recommends that the State Party incorporate standards in compliance with
the IPC Accessibility Guide regarding accessibility at sports facilities into the Guidelines for
Promoting Smooth Transportation in Buildings; guarantee the installation of hearing loop
seating and the freedom of wheelchair users to choose a seat (including the type of seatand seats next to companions who are not wheelchair users); and promote the developmentof physical accessibility in audience seating as a whole in sports facilities, including
ensuring sightlines.

47

Article 31 Statistics and data collection
1.
○

Absence of data necessary to implement and monitor the CRPD
The Committee notes that the State Party has begun the reform of statistical data collection relating
to persons with disabilities that can be compared to persons without disabilities. However, theCommittee is concerned about the unclear overall schedule for the introduction of statistical surveys,
and their contents that clearly demonstrate the extent to which the rights expressed in theConvention have been achieved, compare data to persons without disabilities, and classify data by
gender, age, disability, etc., And the Committee is also concerned that organizations of persons
with disabilities are scarcely involved in this initiative. In addition, the Committee is concerned that,
despite the fact that there are a large number of long-term inpatients at psychiatric hospitals andpersons with disabilities living in residential institutions in the State Party, it has not conducted asurvey of the wishes of these individuals.
● The Committee recommends that the State Party take the following measures while taking
into account Target 17.18 of the Sustainable Development Goals (SDGs).
a. Incorporate questions regarding disability into the Population Census, the Comprehensive
Survey of Living Conditions, the Labour Force Survey, the School Basic Survey, and otherFundamental Statistics so as to achieve statistics on persons with disabilities that can becompared to those of persons without disabilities.
b. Implement detailed fact-finding surveys on persons with disabilities as Fundamental
Statistics that target persons who have responded that they have disabilities in theabovementioned surveys.
c. Classify the results of these statistical surveys by gender, age, disability, and region, usethem for policy evaluation through analysis including cross tabulation, and make itavailable for secondary use by organizations of persons with disabilities and otherorganizations.
d. Implement surveys targeting users of residential institutions and long-term inpatients at
psychiatric hospitals through a method that involves interviews with them to the greatest
extent possible.
e. Ensure the participation of organizations of persons with disabilities, includingorganizations of women with disabilities, in all processes of the abovementioned surveys,
including planning, implementation, analysis, dissemination, and use.

48

Article 32 International cooperation
1.
○

●

●

2.
○

●

3.
○

●
●

Mainstreaming of disability and the participation of persons with disabilities
The Committee is concerned that there are no specific guidelines or procedures to promote themainstreaming of disability in accordance with the Convention with regard to the formation andimplementation of all international cooperation projects by the Japan International Cooperation
Agency (JICA) and other such agencies.
The Committee recommends that the State Party ensure that international cooperationagreements, projects, and programs implemented by JICA include the perspective of
persons with disabilities, including those conducted through Official Development
Assistance or in relation to “The 2030 Agenda for Sustainable Development” or the “Incheon
Strategy to ‘Make the Right Real’ for Persons with Disabilities in Asia and the Pacific,” andthat it work with organizations of persons with disabilities to establish specific measures sothat these are implemented in accordance with the Convention.
The Committee recommends that the State Party work with organizations of persons withdisabilities to establish specific guidelines regarding budgetary measures for reasonableaccommodation so that persons with disabilities and organizations of persons withdisabilities are consulted and involved in a more significant manner in the formation andimplementation of all international cooperation projects. The Committee also recommends
establishing specific measures to ensure that when persons with disabilities participate inprojects, they are not given different restrictions or treatment than others on the basis of
disability, reasonable accommodation is provided based on constructive dialogue withpersons with disabilities, and their substantive participation is realized.
Measures for the field of disability in the implementation of SDGs
The Committee is concerned that the Japanese government’s SDG implementation guidelines do
not include specific measures based on human rights in accordance with the Convention withregard to the field of disability, and that specific measures have not been considered to crosssectorally address all goals and priority issues.
The Committee recommends that the State Party hold close discussions and reflect them in
the Japanese government’s SDG implementation guidelines to ensure that efforts in thefield of disability and cross-sectoral efforts are made in accordance with the Convention.
Promotion by the Japanese government of the “Asian and Pacific Decade of Persons with
Disabilities”
The Committee is concerned that the Japanese government is reducing its support for the “Asianand Pacific Decade of Persons with Disabilities.” In addition, the Committee is concerned that there
are no specific measures to secure budgets for reasonable accommodation at international
conferences on the Decade.
The Committee recommends that the State Party formulate specific support measures topromote the “Asian and Pacific Decade of Persons with Disabilities” and implement actionplans such as the Incheon Strategy.
The Committee recommends that the State Party formulate specific measures to securebudgets for reasonable accommodation, including support for Economic and Social
Commission for Asia and the Pacific (ESCAP), to enable the participation of persons withdisabilities in international conferences on the Decade.

49

Article 33 National implementation and monitoring
1. Establishment of an independent human rights institution○○ The Committee is concerned that the State Party does not have a national human rights institution
in line with the Paris Principles.
● The Committee recommends that the State Party promptly establish a mechanism
independent from the government in line with the Paris Principles to promote, protect, andmonitor the implementation of the CRPD.
2. Strengthening of the independence and function of the Commission on Policy for Persons
with Disabilities○ The Committee is concerned that the Commission on Policy for Persons with Disabilities does nothave (a) authority to manage its own personnel affairs, (b) its own budget, or (c) its own secretariat,
so it cannot be said to be independent from the government; that the legislature and judiciary are
exempt from monitoring by the Commission on Policy for Persons with Disabilities; and that there
is a lack of diversity in the membership of the Commission (aside from non-regular technicaladvisors), with no self-advocates who have intellectual disabilities, psychosocial disabilities, or are
hard of hearing, and only two women with disabilities or intractable diseases.
● The Committee recommends that the State Party establish and ensure sufficient budgets
for independent personnel and executive office systems to increase the independence andfunctionality of the Commission on Policy for Persons with Disabilities, add the legislatureand judiciary to the entities subject to monitoring by the Commission, increase thepercentage of members with disabilities on the Commission on Policy for Persons with
Disabilities to at least half, and ensure diversity (disability, gender, age, region, affiliatedorganization, etc.) of membership on the Commission.
3. Monitoring systems in local governments○ The Committee is concerned that, despite the fact that local governments are important membersof the State Party and are the implementing bodies of a large number of social services, hardly any
monitoring of the implementation status of the Convention is being conducted in local governments.
● The Committee recommends that the State Party monitor the implementation status of theConvention in local governments at the time of the next regular report and incorporate thecontent into the State Party Report.
4. Monitoring of the Convention and the involvement of organizations of persons withdisabilities and civil society○ The Committee is concerned that, when preparing the State Party Report, there were no
opportunities for interviews with organizations of persons with disabilities that were not selected as
members of the Policy Commission, and there were practically no opportunities for organizationsof persons with disabilities and civil society to be involved in the monitoring of the Convention.
● The Committee recommends that the State Party establish a venue to conduct interviewsand exchange opinions with organizations of persons with disabilities aside from theCommission on Policy for Persons with Disabilities so that such organizations and civilsociety are actively involved in monitoring the Convention, and that the government provide
financial support for the activities of organizations of persons with disabilities in monitoring
the Convention on the condition that the independence of the activities of suchorganizations is guaranteed.

50