Title: Act on Prevention of Abuse of Persons with Disabilities and Support for Attendants of Persons with Disabilities
Promulgation Date: June 24, 2011
Act No.: 72	Responsible Division: Regional Bureau Administration Division, Minister's Secretariat; Health Policy Bureau; Labour Standards Bureau; Employment Security Bureau; Equal Employment, Children and Families Bureau; Department of Health and Welfare for Persons with Disabilities, Social Welfare and War Victims' Relief Bureau; and other relevant ministries and agencies
1. PurposeThe Act aims to contribute to the protection of the rights/interests of anyone with a disability through prohibiting persons with disabilities being abused and the government, etc. fulfilling that responsibility as it undermines their dignity and thus preventing it is extremely important in both their independence and social participation.
2. Outline(1) Definition of persons with disabilities“Persons with disabilities” in this Act shall refer to anyone with a disability as stipulated in the Basic Act for Persons with Disabilities.
(2) Abuse of persons with disabilities“Abuse of persons with disabilities” in this Act shall refer to [1] a person with a disability being abused by their attendant, [2] a person with a disability being abused by a worker of a facility for persons with disabilities, etc., and [3] a person with a disability being abused by their employer. Abuse by employers has not been stipulated in any laws and hence was stipulated for the first time in this Act. In addition, abuse of persons with disabilities shall be categorized into 5 different types: [1] physical abuse, [2] sexual abuse, [3] psychological abuse, [4] neglect, and [5] economic abuse. “Physical abuse” in this Act explicitly includes “physically restricting persons with disabilities without justifiable grounds”.
(3) Preventive measures against abuse of persons with disabilitiesThe Act stipulates that “no person shall abuse persons with disabilities” and provides for the responsibility of the government and local governments and the obligation of the government, local governments, and relevant welfare service parties to make the effort to identify any abuse of persons with disabilities as quickly as possible. In addition, anyone deemed to have discovered that a person with a disability has been abused by an attendant (excluding abuse of children with disabilities) is obliged to immediately report the matter to a municipality regardless of the occurrence or non-occurrence of any serious risk to their life or body (the obligation to report the abuse of persons with disabilities younger than 18 is stipulated in the Child Abuse Prevention Act). Furthermore, any municipality that has received a report on a person with a disability having been abused by an attendant shall immediately verify their safety. Prefectures and Prefectural Labour Bureaus shall appropriately exercise their supervisory authorities, etc. in preventing any abuse by workers at facilities for persons with disabilities, etc., and abuse by employers, respectively.
(4) Abuse against persons with disabilities, etc. attending schools, etc.In order to prevent any abuse of persons with disabilities at schools, day care centers, and medical institutions the Act obligates the directors and managers of these institutions to implement measures to prevent any such abuse from occurring, including training and dissemination/enlightenment activities, etc.
(5) Abuse prevention centers and centers for protection of rightsThe Act stipulates that the divisions/bureaus of municipalities or facilities shall function as “municipal centers for the prevention of abuse against persons with disabilities” and divisions/bureaus of prefectures or facilities as “prefectural centers for the protection of rights”. In addition, any reports on cases of abuse having occurred being discovered shall all be received by “municipal centers for the prevention of abuse against persons with disabilities” (report on abuse from employers, however, shall be received by municipalities or prefectures as cooperation between prefectures and Prefectural Labour Bureaus is required).