International Forum on Independent Living
Workshop 3：Establishing Legal System Supporting the Independent Living of People with Disabilities
Mr. Ryo Misawa, DPI Japan
It has been a case for a long time that people with disabilities have been denied the life styles of their own choice because their disabilities are considered to be too severe or their living abilities are inadequate. The life of people with severe disabilities have been decided by their parents, other family members, teachers and rehabilitation professionals, not by their own judgments or decisions. The general view of disabled people in Japan has been that "disabled people are weak and inferior" and "they need support in order to survive". As a result, legislation and various systems are based on the paternalistic view. This kind of concept and social positions of disabled people has functioned as straight jackets for disabled people and has prevented free choice and self-determination of disabled people concerning their life styles.
In Japan, living assistance to people with disabilities is provided through disability-specific legislation including Welfare Law for Physically Disabled Persons, Welfare Law for Mentally Retarded Persons, Health and Welfare Law for Physically Disabled Persons. But none of these welfare laws provide for rights to services. They merely indicate obligations of service providers, including the government, and contents of services. Also, these provisions of welfare laws are based on the idea of charity from the government. In this framework, users of social services are regarded as burdens of and dropouts from the society. They have never been considered as citizens with legitimate rights. In early 1980's, movements in Japan began to change the perception and social status of people with disabilities, who were considered to be weak and inferior. This move, which aimed at the recognition of long-neglected individual human rights of people with disabilities, has become the principal philosophy of the movement.
Human rights of disabled people are respected and they have the rightful status in the society on when the basic conditions are met. The conditions include (a) equal economic opportunities with non-disabled people, (b) security of opportunities for social participation, such as work and education, (c) easy access to housing and means of transportation, and (d)social provision of personal assistance to people who need it. In the Japanese society today, these are not properly provided. We do not have a legal system which secures certain rights or protects people from discrimination and exclusion. There are many barriers regarding employment, education, housing, income maintenance, physical accessibility, transportation, personal assistance care and assistance related to social participation. These prevent disabled people from leading a comfortable and decent life. It should not be government officials or researchers but people with disabilities who play major roles in removing these barriers and taking new initiatives.We believe that in order to create a more productive society with better provisions, people with disabilities should continue to present their own views and take the initiative.
"POINTS TO BE CONSIDERED"
- Establishment of Essential Legislation and Restructuring of Basic Social Welfare Services
- establishment of legislation with clear definition of rights
- from specific welfare legislation to comprehensive welfare legislation
- clarification of the roles of social services
- establishment of individuals as independent users
- from services determined by the government to services determined by users
- ensuring choice and determination by users
- Basic Challenges concerning Living Conditions
- establishment of economic base (income security and employment security)
- future prospects of income security with the disability pension as the main source of income
- solutions of problems with the disability pension, including the eradication of people without pension
- reduction of the official distribution of services (sochi seido), introduction of co-payment according to the income, and the necessity to establish a new system of income security
- payment for costs related to disabilities, including personal assistance care services, housing, and transportation
- employment security for people with severe disabilities
- starting a system supporting employment
- introduction of a system for supported employment
- Establishment of a System to Provide Personal Assistance Care
- needs for the establishment of a comprehensive system to provide personal assistance care to people with disabilities
- clarification of the relationship between the new care provision system and care insurance scheme
- introduction of a system in which self-choice and self-determination are respected
- possibilities of introduction of a direct payment system in Japan
- provision of personal care assistance, nomination and registration of personal care attendants by users
- subjective assessment based on the living model
- Promotion of Accessible Housing, Transportation and City Planning
- basic principle of living, moving and acting freely
- from the revision of the Building Accessibility Law to the Fundamental Law for City Planning, which includes housing and transportation facilities
- universal design in housing
- elimination of clauses preventing disabled people from living in public housing alone
- towards the comprehensive transportation system based on the basic principle
- enactment of a promotion law, which includes obligations regarding the improvement of transportation environment
- Advocacy, Counseling and Support Systems
- establishment of an advocacy system
- consumer controlled support and counseling
- improvement of functions of independent living centers and more stable management of independent living centers
- enhancement of the roles of consumer organizations, based on the implementations of Care Insurance and the revision of the Law for Social Welfare Work
- establishment of economic base (income security and employment security)