Japan – Persons with disabilities

By Daniel Morris | 4. June 2021

Chapter 2. Action Plan

2. Areas of the NAP

(1) Cross-cutting areas

E. Equality before the Law (Persons with Disabilities, Women, Persons of Diverse Sexual Orientation and Gender Identity, and Other Groups)

(Existing framework/Measures taken）

The Constitution of Japan sets forth the principle of equality before the law and there shall be no discrimination in political, economic or social relations because of race, creed, sex, social status or family origin. Various laws have prohibited discrimination, as stated below.

With respect to persons with disabilities, the Act for Eliminating Discrimination against Persons with Disabilities (Act No. 65 of 2013, hereinafter referred to as the “Disability Discrimination Act”) prohibits governments and businesses from engaging in unfair discriminatory treatment on the grounds of disability, and prescribes that they are required to provide reasonable accommodation (companies must endeavor to provide reasonable accommodation). The Act on Employment Promotion Etc. of Persons with Disabilities (Act No. 123 of 1960) prohibits businesses from taking discriminatory measures in the area of employment based on disability and requires provision of reasonable accommodation.

(…)

In the area of employment, Article 22 of the Constitution of Japan prescribes that “every person shall have freedom to … choose his occupation to the extent that it does not interfere with the public welfare.” In addition, the freedom of choice of occupation is guaranteed in both the Employment Security Act (Act No. 141 of 1947), which prescribes that “every person may freely choose any job, provided that it does not conflict with the public welfare,” and the Mariners’ Employment Security Act (Act No. 130 of 1948), which prescribes that “every person may freely choose occupation as a mariner on an appropriate vessel corresponding to the person’s ability and license or certificate in possession, or qualifications based on trainings received or experience.”

Unfair or discriminatory treatment against particular users is prohibited within the areas of residence, places or services intended for public use (hotels, restaurants, cafes, cinemas, and use of transportation).

 

(Future measures planned)

(a) Promote barrier-free and universal design

  • Promote initiatives, including various public relations and awareness-raising activities based on the Disability Discrimination Act. [Cabinet Office]
  • Promote accessibility across Japan by preparing and distributing a nationally consistent reception manual and implementing training for transportation, tourism, logistics restaurants and industries, and other industries.[Japan Tourism Agency]
  • Raise the level of barrier-free standards across Japan through steady implementation of the Act for Partial Revision of the Act on Promotion of Smooth Transportation, Etc. of Elderly Persons, Disabled Persons, Etc. (Act No.28 of 2020), such as the revision of Transport Accessibility Standards and Guidelines, and the revision of the Design Guidelines of Buildings for Users with Accessibility Needs. [Ministry of Land, Infrastructure, Transport and Tourism]
  • Implement various human rights awareness-raising activities to realize a society of coexistence with mutual respect for individuality and character regardless of disability. [Ministry of Justice]

(b）Promote employment of persons with disabilities

  • Promote initiatives to increase opportunities for persons with disabilities to play an active role as a measure introduced under the Revised Act on Employment Promotion Etc. of Persons with Disabilities of 2019. As a measure for the public services sector, this includes making it incumbent on persons with appointive power at national and local government agencies to prepare and publish the Guidelines for Formulation of the Plan on Promoting Dynamic Engagement of Persons with Disabilities. As a measure for employers in the private sector, this includes the establishment of an accreditation system for SMEs with excellent initiatives concerning employment of persons with disabilities, and a special benefits system for employers who employ part-time workers whose weekly working hours are within a certain range. [Ministry of Health, Labour and Welfare]
  • In employment of persons with disabilities, consideration will be given to individuals who are vulnerable to intersectional human rights violations, such as women with disabilities. [Ministry of Health, Labour and Welfare]

 

(2) Measures of the Government as an Actor regarding State Duty to Protect Human Rights

A. Public Procurement

（ Existing framework/Measures taken）

As measures that have already been conducted, the public procurement procedures have been implemented appropriately, including the implementation of international commitments, in accordance with various laws and regulations, including the Public Accounting Act (Act No. 35 of 1947).

In particular, the Government has promoted enhanced awareness by companies for respecting human rights and the environment in accordance with the Act on Promotion of Procurement of Goods and Services from Disability Employment Facilities by the State and Other Entities (Act No. 50 of 2012, hereinafter referred to as the “Act on Priority Procurement Promotion for Persons with Disabilities”), the Women’s Participation Act, the Act on Prevention of Unjust Acts by Organized Crime Group Members (Act No.77 of 1991), and the Act on Promotion of Procurement of Eco-Friendly Goods and Services by the State and Other Entities (Act No. 100 of 2000, hereinafter referred to as the “Act on Promoting Green Procurement”).

(…)

 

（Future measures planned）

Thoroughly implement procurement rules relevant to business and human rights, including grievance procedures (initiatives based on Act on Priority Procurement Promotion for Persons with Disabilities, initiatives related to public procurement based on Article 24 of the Women’s Participation Act, and initiatives concerning exclusion of organized crime groups)

  • Continue to promote the self-reliance of persons with disabilities working at the facilities for persons with disabilities and of those working at home through steady implementation of the Act on Priority Procurement Promotion for Persons with Disabilities. [All Ministries]

 

 B. Development Cooperation and Development Finance

(Existing framework/Measures taken）

…. When engaging in development cooperation projects, internationally established human rights standards, including the international human rights treaties, have been respected. Particular attention has been paid to human rights of socially vulnerable groups, such as … persons with disabilities,…. Nevertheless, further efforts are required in this regard.

 

(4) Measures regarding Access to Remedy

Judicial and Non-Judicial Remedy

（ Existing framework/Measures taken）

(…)

Non-judicial remedies such as the following have been established: consulting services based on individual legislation (e.g., workers, persons with disabilities, consumers);

(…)

As measures based on specific legislation, frameworks have been established in specific areas, including for workers and persons with disabilities.

(…)

 

(Future measures planned)

(…)

(g) Continue and reinforce measures, including those based on specific legislation (for workers, persons with disabilities, and foreign workers, including technical intern trainees, and for whistleblower protection)

  • In accordance with the Technical Intern Training Act, continue to report to the Commissioner of the Immigration Services Agency and the Minister of Health, Labour and Welfare. Provide counseling by the Organization for Technical Intern Training to technical intern trainees in their native languages, and support transfer of workplace when human rights violations occur and technical intern trainees find it difficult to undertake training. [Ministry of Justice, Ministry of Health, Labour and Welfare]