[CAO] Consultation on the Draft Revised Basic Policy of the Act to Eliminate Discrimination against Persons with Disabilities

On December 15, 2022, the Cabinet Office launched a consultation on the Draft Revised Basic Policy of the Act to Eliminate Discrimination against Persons with Disabilities.

According to Article 6 of the "Act to Eliminate Discrimination on the Basis of Disability (Act No. 65 of 2013)," this basic policy is to be established by the Government in order to comprehensively and systematically implement measures to promote the elimination of discrimination on the basis of disability.

On June 4, 2021, the "Act for Partial Amendment of the Act to Eliminate Discrimination Against Persons with Disabilities" (Act No. 56) was promulgated, amending the provision of reasonable accommodation by businesses from a mere obligation to make efforts towards realizing the obligation.  Accordingly, the  Commission on Policy for Persons with Disabilities has discussed the basic policy's contents to draft revisions to ensure a smooth implementation. Based on these discussions, the draft revision has been compiled.

The main revisions are as follows:

  • The so-called "social model of disability" has been incorporated into the concept of the legislation.
  • The amendment clarifies that unfair and discriminatory treatment in the use of means to remove social barriers, such as wheelchairs, assistance dogs, and escorts by carers, also constitutes unfair and discriminatory treatment on the basis of disability.
  • Provide examples of cases that may fall under the category of unfair discriminatory treatment due to unjustifiable reasons and examples of cases that may not fall under the category of unfair discriminatory treatment because there are justifiable reasons. 
  • The definition of reasonable accommodation is more detailed and includes more examples of how it is limited to those that are incidental to the original work of administrative agencies, etc., and businesses.
  • The basic concept of environmental improvement and its relationship with reasonable accommodation is presented.
  • The basic concept of consultation and response regarding discrimination on the basis of disability is presented.
  • Detailed explanations of awareness-raising activities.
  • Addition of measures to promote the establishment of regional councils to support the elimination of discrimination against persons with disabilities.

These consultations are from December 15, 2022 to January 13, 2023.

For more information, please visit the website below:
https://www8.cao.go.jp/shougai/suishin/sabekai/kihonhoushin/iken.html

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