Title: Act on Partial Revision of the Act on Employment Promotion etc. of Persons with Disabilities
Promulgation Date: June 19, 2013
Effective Date: April 1, 2016(however, 2. below shall come into effect on April 1, 2018 (limited to clarification of the scope of persons with disabilities) and 3. on the promulgation date)
Act No.: 46	Responsible Division: Employment Measures for the Persons with Disabilities Division, Employment Measures for the Elderly and Persons with Disabilities Department
<Purpose>Measures to prohibit discrimination against persons with disabilities in the areas of employment and to eliminate obstacles to persons with disabilities at workplaces (obligation to provide reasonable consideration) shall be stipulated, and measures to include persons with mental disabilities on the basis of calculation of the statutory employment rate with respect to the employment situation of persons with disabilities shall be taken.
<Outline>1. Response to the ratification of the Convention on the Rights of Persons with Disabilities(1) Prohibition of discrimination against persons with disabilitiesDiscriminatory treatment on the basis of disability in the areas of employment shall be prohibited.(2) Obligation to provide reasonable considerationBusiness operators shall be obliged to take measures to eliminate obstacles to persons with disabilities at workplaces. However, cases where the said measures impose an excessive burden to business operators shall be excluded.(2) Complaints handling/dispute resolution support[1] Business operators shall be obliged to make efforts to voluntarily resolve complaints from persons with disabilities employed in relation to (1) and (2) above.[2] Exceptions to the Act on Promoting the Resolution of Individual Labor-Related Disputes (coordination by the Dispute Coordinating Committees and recommendations by the Directors of the Prefectural Labour Bureaus, etc.) shall be established in relation to (1) and (2) above.2. Response to the ratification of the Convention on the Rights of Persons with DisabilitiesPersons with mental disabilities shall be included in the basis for calculation of the statutory employment rate. Limited to five years after the enforcement (2018), however, the raised portion of the statutory employment rate, as resulting from inclusion of persons with mental disabilities as the basis for calculation of the statutory employment rate, may be set lower than the rate calculated by the ordinary formula.3. OthersOther necessary measures, including clarification of the scope of persons with disabilities, shall be taken.
Title: Act on Partial Revision of the Act on Mental Health and Welfare for the Mentally Disabled
Promulgation Date: June 19, 2013
Effective Date: April 1, 2014(however, (4) [1] below shall come into effect on April 1, 2016)
Act No.: 47	Responsible Division: Mental Health and Disability Health Division, Department of Health and Welfare for Persons with Disabilities, Social Welfare and War Victims' Relief Bureau
1. PurposeIn order to promote transfer of persons with mental disorders to community life, revisions that include formulation of the Guidelines on Medical Care of Persons with Mental Disabilities (Notification by the Minister), abolition of the system of persons responsible for protection, and procedures for hospitalization for medical care and protection, etc. shall be made.
2. Outline(1) Formulation of the guidelines for securing provision of medical care to persons with mental disabilitiesThe Minister of Health, Labour and Welfare shall formulate the guidelines for securing provision of medical care to persons with mental disabilities.(2) Abolition of the system of persons responsible for protectionCustodians, who are mainly family members, are obliged to make available to persons with mental disabilities the opportunity to receive treatment, etc. However, because of the increased burden due to aging of family members, etc., the provisions on custodians shall be deleted.(3) Revision of hospitalization for medical care and protection[1] The requirement of consent of custodians in hospitalization for medical care and protection shall be removed and consent of any one of the family members, etc. (*) shall be added as a requirement.* Spouse, person who has parental authority, supporter under duty, guardian, or curator. In case no such person exists, the municipal mayor shall make the consent decision.[2] Managers of mental hospitals shall be obliged to carry out the following:·Placement of persons (psychiatric social workers, etc.) that provide consultation and guidance on living environments after leaving the hospital to those hospitalized for medical care and protection·Cooperation with supporting business operators in regions (business operators providing consultation support such as providing necessary information in responding to consultations by hospitalized persons or their families)·Preparation for facilitating departure from the hospital(4) Revisions concerning Psychiatric Review Boards[1] Members of Psychiatric Review Boards shall be stipulated as being “persons with knowledge and experience in the health and welfare of persons with mental disabilities”.[2] Family members, etc., in addition to hospitalized persons, shall be stipulated as being persons who can request Psychiatric Review Boards for departure from the hospital.