Disability Legislation Timeline
Below is a timeline of major disability-related legislation in Japan from the nineteenth century to the present day. We provide brief summaries, commentary, and additional vocabulary or references on each item as necessary. Additions may be made at a future date.
1872, Education System Order, Gakusei 学制
Chapter 29 : 此外廃人学校アルヘシ (“there should be special schools for the crippled”)
1872, Education system order, Gakusei 学制
Chapter 29 : 此外廃人学校アルヘシ ("there should be special schools for the crippled")
The word "crippled" (haijin) is not clearly defined in this text and it is unclear what kind of disability it encompasses. In a way, the Gakusei acknowledges that children with disabilities (at least some of them) can/should be educated. But it does not go beyond wishful thinking: no clear guidance is provided regarding how these schools should be created or run. In the 1879 Education order, "haijin gakkō" are no longer mentioned.
1873, Conscription Ordinance, Chōhei rei 徴兵令
The 1873 ordinance established a compulsory conscription system for the male population, but provided for numerous cases of exemption from military service, not necessarily linked to medical criteria, such as being an eldest son or the possibility of paying for exemption. As the decree was revised (and the Japanese army's need for more men increased), exemptions were gradually reduced to medical grounds (height, chronic illness, physical handicap, "weakness"). These medical grounds themselves evolved over time, at a time when medical science was rapidly evolving and medical categories were being refined: "weakness" was initially a relatively vague diagnosis, whose definition would gradually become clearer as measurement techniques were developed. Cognitive and psychiatric criteria were also added, with the development of research on mental illness and disability. However, the link between disability and exemption was not automatic: people could be declared fit even with certain types of disability, or health conditions deemed curable. The status of "third-class soldier" was common for soldiers who were not exempt, yet categorized as "less fit" than others (this was sometimes the case for the deaf).
1874, Relief Regulation, Jukkyū kisoku 恤救規則
The relief regulation aimed to grant state aid to the poorest members of society. It targeted orphans, the elderly, the sick and some people with disabilities. However, its scope remained very limited, insofar as it was only aimed at individuals who had no family to support them (as the duty of assistance between relatives remained the primary rule, with the State stepping in only when family support was unavailable). At that time, the aim of special education was to enable the blind and deaf to learn a trade and escape from poverty and public assistance. The aid provided by the state did not come as money, but rather as food: essentially rice distribution. In fact, the law was enacted in response to a petition in Shiga Prefecture calling for rice to be distributed by the authorities, on the model of poverty relief provided in the old han system. Throughout the period 1880-1930, sick and disabled people represented between 50 and 75% of the recipients of food aid provided under this law (the other categories of beneficiaries being children and the elderly) (see Ri, Yoshiaki 李 義昭, 2013, Nihon no kindaika to shōgaisha 日本の近代化と障害者, Tokyo, Koyo shobo : 147).
1884, Pension Scheme, Onkyūhō 恩給法
Creates a pension system for widows of soldiers killed in service. Revised in 1923 to introduce pensions for wounded veterans (see below).
1886 (revised in 1890 and 1900), Decree on Elementary Schools, Shōgakkō rei 小学校令
Successive decrees on elementary schools (1886, 1890, 1900) defined the framework for compulsory education, but did not impose an obligation to educate disabled children. Illness and disability were mentioned as possible grounds for exemption from schooling, thereby excluding the children concerned from the scope of primary schooling, at a time when the general school enrolment rate was rising spectacularly (exceeding 90% in 1902).
1896
Special schools for the Deaf and the Blind (initially created as private schools or public schools supervised by local governments) are officially placed under the authority of a ministry. Yet, the supervisory ministry is the Home Ministry (naimushō), not the Ministry of Education.
1900, Law on the Confinement of People with Mental Illness, Seishin byōsha kangokugo hō 精神病者監護法
At that time, the social treatment of people with mental illness was a continuation of what had existed during the Edo period: home confinement remained the most common situation. The 1900 law on the confinement of people with mental illness did not fundamentally alter the principles that had previously existed: the law's primary goal was to prevent the vagrancy of people with psychiatric disorders by making families responsible for their supervision. Public institutions were rare (yōikuin for vagrants without families and asylums, tenkyōin), and these were confinement rather than care institutions, in which living conditions were appalling.
In 1901, Kure Shūzō (1865-1932) was the first Japanese psychiatrist to introduce occupational therapy and physical exercise as methods of care for psychiatric patients at the Tokyo Metropolitan Psychiatric Hospital (known as Matsuzawa Hospital). He refused to allow patients to be shackled, and also campaigned for the development of staff training in psychiatric institutions. From this point on, Japanese psychiatry gradually shifted from the logic of confinement to that of care.
1906, Military Hospitals Act, Haiei in hō 廃兵院法
The Military Hospitals Act encouraged the creation of care institutions for wounded veterans. However, the total number of beds available was somewhere between two and three hundred beds, a thousand times fewer than the number of wounded veterans. These hospitals were therefore reserved for soldiers who had no family to take care of them, and the length of their stay was strictly limited (see Yamada Akira 山田 明, Nihon no shōgaisha - Meiji Taishō Shōwa 日本の障害者 明治大正昭和, Tokyo, Akashi shoten, 2013: 60-65).
1911, Factories act, Kōjō hō 工場法
The Factories Act voted in 1911, implemented in 1916, provided compensation for certain types of physical handicap resulting from accidents at work. However, this law lacked effectiveness and was amended in 1923, under the influence of ideas advocated by the International Labour Organization.
1919, Law on Psychiatric Hospitals, Seishin byōin hō 精神病院法
The 1919 law on psychiatric hospitals required the creation of one psychiatric hospital per department, but this was only partially implemented, due to a lack of financial resources.
1923, Revised Pension Scheme, Onkyūhō恩給法
The revision of the 1884 Pension scheme created a special pension for wounded veterans. Yet, its amount was very low, insufficient to compensate for the permanent loss of a man’s working capacity. In practice, the granting of this pension remains restricted. In military hospitals, investigations were carried out to determine whether the disability was attributable solely to military activity or whether it could be linked to an innate weakness of the person or his heredity (this contributes in particular to severely limiting the granting of pensions in the case of mental or psychic disability) (See Shimizu Hiroshi 清水 寬, Nihon Teikoku Rikugun to seishin shōgai heishi 日本帝国陸軍と精神障害兵士, 2006, Fuji shuppan: 137-270).
1923, Decree on Education for the Blind and the Deaf, Mōa kyōiku rei 盲亜教育令
The decree required the creation of special schools for the Blind and for the Deaf in every prefecture, and stipulated that prefectural governments would have to cover the operating costs of these schools. It separated schools for the Deaf from schools for the Blind (whereas, until then, special schools tended to gather deaf and blind students in the same premises, due to financial reasons). Special schools are entrusted with the goal of transmitting the same curriculum as ordinary education and specific skills related to disability (especially skills needed for everyday life). The decree laid down the content of school curricula, the number of teaching hours per week for each subject, and the qualifications required of teachers. In particular, it stressed the importance of moral education, reflecting the general orientation of the education system at that time. Special education thus ceased to belong to the domain of private charity and became clearly part of the public school sector. As poverty remained a factor strongly impeding blind and deaf children’s access to education, a system of financial aid was set up in 1928 for children from poor families who were unable to attend special schools for economic reasons.
1929, Relief and Protection Act, Kyūgo-ho 救護法
The 1874 Jukkyū kisoku was replaced in 1929 by the Relief and protection act (Kyūgo-ho). It aimed to provide the needy with more extensive assistance in the form of financial and material aid, care and childbirth assistance. As compared to the 1874 law, its scope had been broadened: in addition to the recipients of the previous regulation, the new law could also be applied to pregnant women, as well as to the "feeble-minded" (a category slowly emerging in scientific debates on mental disability). Poor and isolated disabled people were still among the beneficiaries. They were entitled to receive assistance in various forms: money, everyday items, medical care and, above all, vocational training. Indeed, the aim was not to set up a system of benefits, but to give as many people as possible the opportunity to support themselves through the fruits of their labor.
1940, People’s Physical Fitness act, Kokumin tairyoku hō 国民体力法
It established compulsory medical check-up arrangements to assess the physical capabilities of young people under the age of 20 and to screen for possible illnesses (including venereal disease and tuberculosis).
1940, National Eugenics Law, Kokumin yūsei hō 国民優生法
This law was adopted after bitter debate and considerable opposition. It authorized the sterilization of people living with certain hereditary diseases, including some people with physical or mental disabilities, as well as some other "unwanted" population categories such as "congenital criminals". In practice, this law had little effect: during the war, fewer than 100 operations were carried out each year. This was due in particular to the fact that the vast majority of the people concerned by the law escaped medical supervision, due to the virtual absence of care facilities to accommodate them (see Matsubara Yōko, "The Enactment of Japan's Sterilization Laws in the 1940s: A Prelude to Postwar Eugenic Policy," Historia Scientiarum, 1998, volume 8, n°2, p.187-201.
1946, Constitution, Kenpō 憲法
Although the 1946 Constitution makes no specific mention of disability, it does lay down major principles in the name of which the cause of disabled people will later be defended: respect for human rights (article 11), prohibition of deprivation of liberty (article 12), respect for individuals and right to the pursuit of happiness (article 13), equality and non-discrimination (article 14), right to a minimum standard of living (article 25), right to education (article 26), right to work (article 27).
1947, Basic Act on Education, Kyōiku kihon hō 教育基本法
This law lays the foundations for the post-war education system, in line with the principles set out in the constitution. The practical details of its application are set out in the School education act, promulgated on the same day.
1947, School Education Law, Gakkō kyōiku hō 学校教育法
This law makes special schooling compulsory for blind and deaf children (articles 22 and 39). This obligation follows on from the prewar recognition of the State’s responsibility for the education of these children: not only must each département have at least one school for the blind and one school for the deaf, but all blind and deaf children must be enrolled in such schools. This is set as a duty owed to the children by the State and their families. The same law also makes it compulsory (at least in principle) for children with other types of disabilities to attend yōgo gakkō, i.e. special schools catering for children with illnesses, motor disabilities or mental handicaps. But Article 23 provides for the possibility of exemption from schooling for children who are "ill" (byōjaku), with imperfect development (hatsuiku fukanzen) or recognized as "difficult to enroll in school for other unavoidable reasons," which in practice results in a large number of children not attending school.
1947, Children’s Welfare Act, Jidō fukushi hō 児童福祉法
This law, which aims to protect the human rights of children, guarantees access for children with disabilities to care services and technical aids (wheelchairs, prostheses...), as well as to education. However, the School Education Act of 1947 provides full access to education only to blind and deaf children.
1948, Loi relative à la protection eugénique, Yūsei hogo hō 優生保護法
This law aimed to "improve the quality of the population", in the context of a growing need for manpower. Its first article states:
"Article 1 (purpose of this law) : The purpose of this law is both to prevent the birth of eugenically unsuitable offspring and to protect the life and health of mothers."
In this context, it authorizes the sterilization of people with certain types of disabilities, even without the consent of the person concerned (particularly in the case of cognitive disability). Nearly 17,000 surgical procedures were carried out without consent between 1948 and 1996, with a peak in the 1970s. These procedures took place mostly in institutions, and the vast majority of victims were women (see Toshimitsu).
The law not only tackled the issue of disability, but also regulated access to abortion and the isolation of lepers. For several decades, it was opposed by the disability movement. It was abolished in 1996.
Since then, a movement demanding reparations for the victims has emerged. It has launched a series of lawsuits claiming that the law on eugenic protection was unconstitutional, in order to demonstrate that the authorization of forced sterilizations did not comply with the principle of respect for human rights enshrined in article 11 of the 1946 Constitution. The announcement of these trials was widely publicized, and many demonstrations in support of the victims have been held throughout the country. It was also accompanied by the publication of a collection of testimonies and conferences at which some of the victims or their families gave public testimony about their experiences. The first trials opened in March 2018 and, on November 1, 2018, the Ministry proposed an initial compensation plan, which the association denounced as falling far short of expectations. In April 2019, a law was passed in Parliament to set the amount of compensation at 3.2 million yen per person. Trials continue to open in various county courts; at the time of writing, three of the four judgments that have taken place have seen the courts recognize the unconstitutionality of the 1948 law, but refuse the plaintiffs' claims for compensation (significantly higher than the amount set out in the compensation law). The fourth rejected the plaintiff's claim without ruling on the constitutionality of the 1948 law.
1949, Law on Social Welfare for People with Physical Disabilities, Shōgaisha fukushi hō 障害者福祉法
This law concerned all people with physical disabilities, but aimed in particular at improving care for the 300,000 wounded veterans who had returned from the front. In 1945, veterans accounted for 65% of the physically disabled population (conversely, women represented only 10%). Article 1 of the 1949 law stated that its aim was the rehabilitation (kōsei, meaning "regeneration", "return to life") of people with physical disabilities. This was in line with a highly medicalized perspective that corresponds to the reality experienced by war invalids: that of a loss (of a limb or an ability), painfully experienced and requiring repair. This was reflected in particular in the emphasis placed on rehabilitation, i.e. re-education designed to encourage a return to employment and financial independence. It should be noted, however, that the mention of this objective led to debate in the Diet during the drafting of this law: some deputies were more in favor of a law for the "protection" (hogo) of disabled people (from the point of view of protecting the weakest from a society in which their life would be difficult), while the advocates of rehabilitation wished to emphasize the individual's duty to make the necessary efforts to reintegrate.
1950, Mental Hygiene Act, Seishin eisei hō 精神衛生法
This law aimed to provide medical care and rehabilitation services for people with "mental disabilities" (seishin shōgai), i.e. "people with mental illness (including addictions), the feeble-minded and psychopaths" (Article 2). The aim was to prohibit the practice of home confinement that had prevailed until then, and to create psychiatric hospitals and care and rehabilitation facilities.
1950, Livelihood Protection Act, Seikatsu hogo hō 生活保護法
For disabled recipients of public assistance benefits, a supplementary allowance is granted according to the degree of disability.
1959, National Pensions Act, Kokumin nenkin hō 国民年金法
This law provided for the payment of an allowance to various categories of citizens, including the elderly and people with disabilities. It thus provides a guaranteed basic income (hence the name shōgaisha kiso nenkin, "basic pension for the disabled"), independent of rehabilitation policies promoting return to work.
1960, Law Promoting Employment for People with Physical Disabilities, Shintai shōgaisha koyō sokushin hō 身体障害雇用促進法
This law aimed to promote access to employment for people with physical disabilities, as well as job retention. It stated that the employer has a duty to adapt the workstation to disabled workers’ needs, and is entitled to receive financial support from the State for this purpose. The State and local governments were compelled to set employment quotas for disabled workers, but private employers only had a duty of care (doryoku gimu, "duty of effort") with regard to these quotas, not a formal obligation.
In the case of people with "severe disabilities", the terms and conditions of access to employment remained unclear. The State had to determine a set of adapted professions, and people with "severe disabilities" would have access to these professions according to a quota system different from that for other disabled people.
Therefore, while this law laid the foundations for a system to support the employment of people with disabilities, the system thus established has no real binding force.
1960, Minimum Wage Law, Saitei chingin hō 最低賃金法
Article 8 stated that, disabled workers are not subject to minimum wage law. Indeed, disability at that time was defined as the loss of a working capacity : it was thus associated with the idea of lower productivity, which should be compensated for by lower labor costs for employers, i.e. lower remuneration for individuals.
1960, Law on Social Welfare for Feeble-minded People, Seishin hakujaku fukushi hō 精神薄弱福祉法
"Feeble-mindedness" (seishin hakujaku), i.e. what we today call cognitive disability, was for the first time the subject of a specific law in 1960. This law clearly distinguished it from psychiatric disorders (seishin shōgai). This law aimed to provide support for the "feeble-minded" over the age of 18, through the creation of rehabilitation institutions, vocational training centers, sheltered work centers and living homes. It also introduced State coverage of medical expenses. However, the law did not give a precise definition of "feeble-mindedness", and diagnosis was therefore left to the discretion of doctors and local authorities, based on tests drawn up by psychiatrists, in particular IQ tests.
1964, Law on the Special Allowance for Parents Raising a Disabled Child, Tokubetsu jidō fuyō teate no shikyū ni kan suru hōritsu 特別児童扶養手当の支給に関する法律
A special allowance was created for parents raising a disabled child. The introduction of this financial aid was the result of the mobilization of associations for parents of disabled children, who publicly denounced the lack of resources made available to them to play their role as parents decently in the event of the birth of a disabled child.
1966, Employment Measures Act, Koyō taisaku hō 雇用対策法
This law aimed to develop vocational training in order to match the available workforce as closely as possible to the needs of industry. Its general orientation was to make the most of the human resources represented by people with physical disabilities to make up for the chronic shortage of manpower, through vocational training with improved content.
1970, Basic Law on Measures for People with Physical and Mental Disability, Shinshin shōgaisha taisaku kihon hō 心身障害者対策基本法
This was the first law to gather all people with disabilities, whatever their nature, under a single administrative framework. The expression shinshin shōgaisha (literally "disabled people of body or mind") was defined as "people who, due to a determined organic functional impairment such as limb mobility impairment, visual impairment, hearing impairment, functional balance impairment, functional speech impairment, language disorders, cardiac dysfunction or respiratory disorders, or a mental defect such as feeble-mindedness, are considerably limited in their social and daily life over the long term" (Article 2).
This law established the principle of respect for the individual, and laid down a number of general rules for care services, which had to be adapted according to the category and degree of disability. It reaffirmed the State's responsibility to provide care, adapted equipment and rehabilitation services for disabled people. Yet, at that time, life in institutions was commonly seen as one of the main forms of assistance that the State could provide to disabled people. This law therefore represented an extension of a unified social protection system to all disabled people, rather than a reform of the orientations that had prevailed until then. From an economic point of view, support consisted of an allowance, tax benefits (including income tax relief and exemption from certain taxes such as gift tax) and reductions in costs for certain aspects of daily life (such as public transportation). The promotion of employment and the right to professional training were also mentioned.
However, one article of this law was strongly criticized by associations of parents of disabled children and disability rights movements. This was article 6, which stipulated: "Persons with a physical or mental disability must strive to participate in social and economic activity using the abilities they possess. Their families must strive to promote their autonomy". While this article may appear to express a desire to eliminate home confinement, it was interpreted as limiting public support under the guise of promoting personal autonomy : indeed, the wording calls for families to take responsibility as the primary providers of assistance to disabled people, and for disabled people themselves to take responsibility for their own efforts to participate in social and economic life.
The main new feature of this law was the "preventive" dimension contained in Title 2, which affirmed the State's duty to prevent disability through research into the causes of disability, early diagnosis and the reinforcement of health measures for pregnant women. On the one hand, this article can be seen as proceeding from a logic of "improving the quality of the population", in line with the eugenics policy of the time, in the context of the advent of prenatal diagnostic technologies. On the other hand, it echoes the struggles waged at the time by a number of associations against industrial diseases, aimed at gaining recognition for the responsibility of companies guilty of pollution in the development of diseases and disabilities in surrounding areas. Examples of this phenomenon include health scandals such as the Minamata disease or the proliferation of respiratory disorders in the Kawasaki industrial zone, scandals which gradually gave rise to denunciation movements seeking to scientifically establish the links between industrial pollution and certain types of disability.
1974, Unemployment Insurance Act, Koyō hoken hō 雇用保険法
This law included specific provisions for disabled people. It provided for an additional period during which a disabled person can receive unemployment benefit, compared with an able-bodied person.
1976, Revision of the Employment Promotion Act
This revision introduced a mandatory quota system for the employment of disabled people (with different quotas for public institutions and private companies). A fine mechanism penalized non-compliance with quotas, while financial incentives were created to facilitate the hiring of disabled workers. At the time, however, this system only concerned people with physical disabilities. The employment obligation was extended to people with mental disabilities in 1987.
1979, Decree on Compulsory Education in Special Schools (revision of the 1947 School Education Act)
This decree asserts the right to education for all. Until then, education had been compulsory only for deaf and blind children, but not for children with severe physical or mental disabilities. The revised law abolishes schooling exemptions: no child, whatever his or her situation, can be excluded from the education system. However, it makes it compulsory for disabled children to be educated in a special school, at a time when the disability right movement is calling for the promotion of mainstreaming.
1979, Revision of the Civil Code Regarding the Legal Capacity of Deaf People
Article 11 of the Civil Code defines certain categories of persons who are legally incapacitated (notably some people with psychiatric disorders). Until 1979, deaf people had limited legal capacity: for example, they could not take out a mortgage or take over a family business. This was abolished by the 1979 revision.
1984, Revision of the 1970 Basic Law on Measures for People with Physical and Mental Disability
The aim of the law was amended: "to offer all people with physical disabilities opportunities to participate, as members of society, in social, economic, cultural and other activities". This revision thus enshrined the principle of social participation in law. In practice, however, it brought only marginal changes to the previous version of the law.
1993, Loi fondamentale sur les personnes handicapées, Shōgaisha kihon hō 障害者基本法
This was the first law to use the generic term "disabled people" (shōgaisha) in its title, without any reference to medical categories. It is a thorough revision of the 1970 Basic Law on Measures for the Physically and Mentally Handicapped. The aim of this law is to promote disabled people's autonomy and participation in all aspects of social life.
While life in a special institution was still presented as the solution for people with severe disabilities, independent living became a goal, in particular through access to stable employment (with the emphasis on the employer's duties rather than rehabilitation), an allowance to cover the necessities of daily life (in particular to enable vocational training in a stable financial situation), better access to public infrastructures and information, as well as to leisure, sport and culture. The law also opened the door to a debate on the future of disabled people living with their parents, after the latter's death.
For the first time, people with psychiatric disorders (seishin shōgaisha) were included in the definition of disability, enabling them to benefit from the services and allowances granted to disabled people, as well as affirming their right to autonomy and social participation.
Local committees for the promotion of measures for disabled people (chihō shōgaisha shisaku suishin kyōgikai) were set up: indeed, from a decentralized perspective, local communities are responsible for implementing the actions best suited to their particular situation. This principle of proximity reflects the desire to promote the integration of disabled people into local society, with constraints (notably geographical) that can vary greatly from place to place. It is also in line with the decentralization of powers that has governed the reform of the Japanese administration since the 1980s. Local committees are responsible for setting up projects and then overseeing the results, in line with the "Plan - Do - Check" approach promoted by the new public management system.
1993, Revision of the Implementing Regulations for the School Education Act, Gakkō kyōiku hō jikkō kisoku kaisei 学校教育法実行規則改正
This revision created the tsūkyū system (literally "attending class"), which enables children who are visually impaired, hearing impaired, have language difficulties, psychological disorders, a motor disability or a disabling illness to attend a mainstream primary of junior high school while receiving adapted support a few hours a week with a special teacher. While in practice this system is not the most common form of schooling, it does make it possible to enshrine in law the possibility for children with certain disabilities to attend a regular school.
1994, Act to promote the construction of special buildings that can be easily used by the elderly and people with physical disabilities, Kōreisha shintai shōgaisha tō ga enkatsu ni riyō dekiru tokutei kenchikumono no kenchiku no sokushin ni kan suru hōritsu 高齢者・身体障害者等が円滑に利用できる特定建築物の建築の促進に関する法律, also called Heart Building Law (hāto biru hō ハートビル法)
This law aims to improve the accessibility of a number of public buildings (schools, hospitals, government buildings, cinemas, museums, sports facilities, stores, parking lots, public toilets, etc.) and social housing. Efforts focus mainly on the width of doors and corridors, the installation of elevators or access ramps, the accessibility of toilets and bathrooms, and the installation of tactile paving to guide visually impaired users.
1994, Salamanca Statement (UNESCO)
The Salamanca Statement marked a milestone in international disability policy, presenting a framework for action on "special needs education". This declaration was based on the notion of "special needs" rather than "disability", and defended the idea that each pupil is unique and has his or her own educational needs and abilities, which regular schools must strive to meet with an individualized approach.
Chapter 2 stated that "regular schools with this inclusive orientation are the most effective means of combating discriminatory attitudes, creating welcoming communities, building an inclusive society and achieving education for all; moreover, they provide an effective education to the majority of children and improve the efficiency and ultimately the cost-effectiveness of the entire education system."
2000, Transport Accessibility Act, Kōtsū baria furī hō 交通バリアフリー法
This law aims to transform station, airport and bus terminal buildings (accessibility of buildings, platforms, connections, toilets, installation of orientation aids, improved signage), as well as the means of transport themselves (ramps for access to buses and trains, provision of spaces reserved for wheelchairs, installation of light and acoustic signals).
2005, Independence Support Act for Persons with Disabilities, Shōgaisha jiritsu shien hō 障害者自立支援法
This law ushered in a new era for disability policies: the era of care as consumption of services. In this law, disabled people are seen as people with special needs and are at the heart of a system designed to promote their inclusion in society and their participation in social life. Their right to financial autonomy, decision-making power and access to all aspects of social life are affirmed.
However, in line with the neoliberal turn of the Japanese welfare State, the new system is based on an economic conception of needs: the disabled person, with his or her particular needs, is a consumer of adapted services that he or she can choose on the supply market. But this new vision is accompanied by an innovation in terms of payment of the costs associated with this consumption: the user-pays principle. The first version of this law stipulated that the disabled person must pay 10% of the costs associated with their disability (care services and equipment). The new legislation is thus similar to the UK's "no rights without responsibilities" principle. This law was strongly criticized by disabled people in Japan, as it had not been subject to prior consultation with associations. Following calls from outraged activists, it gave rise to a massive protest movement. Following these protests, user participation was reduced to 3%, but the principle of co-payment was not abandoned.
2005, Developmental Disabilities Support Act, Hattatsu shōgaisha shien hō 発達障害者支援法
This law defines a new category of disability (developmental disabilities) that includes "autism, Asperger's syndrome and other pervasive developmental disorders, learning disabilities, attention deficit disorder, hyperactivity and other related disorders". This definition has later been gradually extended to other situations, such as language disorders and emotional dysregulation. The aim of the law is to provide support for people belonging to this category.
2006, Revision of the 1947 Basic Act on Education
It is a general reform of the education system that touches on a number of areas, not only disability.
With regard to disability, the revised law states: "the State or local authorities must provide disabled children with appropriate educational support so that they can receive a complete education, corresponding to the state of their disability" (article 4, paragraph 2). It thus provides the framework for the new system, based on the notion of "support" (shien), encouraging mainstreaming.
2006, Partial Revision of the School Education Act
This law endorses the creation of the "special support education" (tokubetsu shien kyōiku) system, which aims "to provide an education that corresponds to the level of pre-primary education, elementary school, middle school or high school, while providing the skills and knowledge necessary for autonomy to overcome difficulties in learning or daily life, depending on the disability."
The new system is thus designed both to guarantee access to the regular curriculum and to provide special support adapted to disability : the main goals of education for disabled children should be the same as those of regular education, even if additional disability-specific objectives are added. The reform does not create a radically new system. It does, however, aim to generalize existing arrangements for school integration. It is, however, innovative from a conceptual point of view: it affirms the fundamental identity between disabled and non-disabled children, with the difference residing solely in the existence of "special educational needs" (which non-disabled children may also have). It is thus in line with the main keywords of the international inclusion movement : equality between disabled, promotion of autonomy and social participation.
This new orientation is reflected not only in measures concerning regular schools, but also in changes carried out in the special education system. Until 2006 there were three types of special schools : schools for the Blind (mōgakkō), schools for the Deaf (rōgakkō) and medicalized schools (yōgogakkō), the latter divided by type of disability: mental disability, physical disability and disabling illness. Since 2006, all have borne the generic name "tokubetsu shien gakkō", "special support schools", a change that symbolizes the political will to erase the word tokushu, which had negative connotations, to make all children with disabilities appear as ordinary children having some "special educational needs".
2007, Japan signed the UN Convention on the Rights of People with Disabilities. Ratification in 2014.
The Convention defines disabled people as follows: "those who have long-term physical, mental, intellectual or sensory impairments, the interaction of which with various barriers may hinder their full and effective participation in society on an equal basis with others" (Article 1). It thus recognizes the interaction between a person's disabilities and the social context, and lays down the principle of equal social participation for all citizens. It emphasizes the principles of reasonable accommodation, prohibition of discrimination, accessibility and inclusive schooling and asserts that these principles should translate into areas such as education, work and daily life.
Japan signed the convention in 2007, but the ratification process took 7 years, a period significantly longer than in other Asian countries such as South Korea or Thailand. The ratification has fostered far-reaching changes in the Japanese disability-related legislation.
2012, General Disability Support Act, Shōgaisha sōgō shien hō 障害者総合支援法
This law abolishes the principle of a fixed-rate co-payment for all disabled people. It did not, however, reject the user-pays principle, but introduced a new system of financial participation based on individual income.
2013, Law to Suppress Disability-related Discrimination, Shōgai wo riyū to suru sabetsu no kaishō no suishin ni kan suru hōritsu 障害を理由とする差別の解消の推進に関する法律
This is the first Japanese law to adopt a definition of a disabled person in line with the perspective of the international convention: "A person with a physical, mental, psychic (including developmental disabilities) or other impairment of physical or mental functions and who suffers substantial and lasting limitations in his or her daily life and social activities, due to the disability or social barriers" (Article 2).
It introduces two of the core principles of the UN convention into Japanese law: prohibition of discrimination (sabetsu kinshi) and reasonable accommodation (gōriteki hairyo). Prohibiting discrimination means eliminating inequalities of treatment between disabled and non-disabled citizens and guaranteeing equal opportunities. For example, this principle enables people with disabilities to contest a decision made by an employer (such as refusal to hire or dismissal) when the latter is not motivated by objective reasons (skills, experience...). To complement the prohibition of discrimination, Japan has also adopted the principle of reasonable accommodation. This principle, which originated in the United States in the 1960s, aims to guarantee that all citizens are treated equally by making it compulsory to adapt services or accommodations to various individual needs. For example, in the corporate world, employers have the duty to make the necessary accommodations so that an employee can perform his or her job regardless of disability.
In Japan, attention is paid both to the accommodation required for recruitment (particularly for the organization of the job interview) and to the accommodation of the workstation following recruitment.The content of these accommodations can be extremely varied: human assistance for moving around, equipping the workstation with adapted technologies, adjusting working hours, installing an elevator...The law stipulates that accommodations must be provided insofar as they do not constitute an "excessive (financial) burden" (kajū na futan) for the employer, but the nature or amount of this excessive burden remains at the discretion of the company or, in the event of a dispute, the courts. In principle, reasonable accommodation is not just about fitting out company premises, but also about defining the content of tasks, the organization of work and the human assistance required, according to the needs and specific situation of the individual.
2014, Law on Care for Patients with Incurable Diseases, Nanbyō no kanja ni tai suru iryō tō ni kan suru hōritsu 難病の患者に対する医療等に関する法律
The law defined a list of diseases concerned (initially 56, with a gradual widening of the scope) and provides guidelines for the organization of care.
The scope of the General Disability Support Act (shōgaisha sōgō shien hō) was then expanded to include people with the diseases listed in the law on incurable diseases (increasing to 151 in January 2015, then 332 in July of the same year, and 358 in 2017). This means that patients can benefit from disability support services (including home-based independence support services, in addition to medical and rehabilitation services), as well as an allowance, the amount of which is defined according to the degree of disability, based on criteria set out in the law.
Card Image:「障害者は子を産んではいけない」戦後最大の人権侵害 “旧優生保護法” 国が「不妊手術」を強制 "子を産み育てる幸せ" 奪われた夫婦の闘い 被害者たちの高齢化も課題 【「報道ランナー」特集】KTV NEWS。2022年。