A. Basic direction of measures to eliminate discrimination
Background of the enactment of the Act / Basic concept of the Act
B. Common matters concerning measures to eliminate discrimination
1. Scope of the Act:
a. Persons with disabilities: those with disabilities affecting the functions of the body or mind and who are in a constant state of facing substantial limitations in their daily or social life due to their disability or social barriers;
b. Company: All persons engaged in commercial affairs or other businesses
c. Targeted fields: All aspects of the daily and social lives of persons with disabilities, other than employment under the Disability Employment Facilitation Act.
2. Unjustifiable discriminatory treatment:
a. Prohibits infringement of the rights and interests of persons with disabilities by denying them access to goods, services, or opportunities or by restricting places and times on the basis of their disabilities, without justifiable reasons (cases in which the treatment is justified and unavoidable in light of the purpose).
b. Unjustifiable discriminatory treatment on the basis of disability also includes denying the means to eliminate social barriers (such as wheelchairs, assistance dogs, other supportive devices or the attendance of a caregiver).
c. Cases that may or may not fall under the category of unjustifiable discriminatory treatment
3. Reasonable Accommodation
a. Necessary and reasonable efforts are to be made by administrative agencies and companies to remove social barriers in individual situations when a person with a disability expresses a need for it, for as long as the implementation does not lead to undue hardship, (e.g.) portable ramps on steps, communication through writing, reading aloud, sign language, and such adaptations, including the adjustment of break times.
b. Significance of constructive dialogue and mutual understanding (in order for persons with disabilities, administrative agencies, and companies to jointly consider necessary and feasible measures to remove social barriers, it is important to strive to understand each other's situation through constructive dialogue)
c. Examples of cases that may or may not constitute a violation of the obligation to provide reasonable accommodation
d. Improvement of the environment to provide reasonable accommodation (proactive remedial measures, mainly for unspecified persons with disabilities)
C. Basic matters concerning measures to eliminate discrimination to be taken up by administrative agencies:
1. Basic approach
・ Establish guidelines to be followed by employees of administrative agencies (*Local governments are obliged to make efforts).
2. Practice guidelines
a. Items to be set forth: Basic ideas about unjustifiable discriminatory treatment and reasonable accommodation, specific examples, consultation system, training, and awareness-raising
D. Basic matters concerning measures to eliminate discrimination to be taken up by companies
1. Basic approach
a. A qualified minister shall make a detailed response in accordance with the characteristics of the area under their jurisdiction, based on the obligation to provide reasonable accommodation by the companies.
2. Practice guidelines
a. Items to be set forth: Basic concepts about unjustifiable discriminatory treatment and reasonable accommodation, specifically, the consultation system, training, awareness-raising, system development in companies, and consultation services for each area of business under the jurisdiction of the qualified minister.
E. Basic matters regarding the implementation of support measures by the national and local governments
1. Establishment of systems for consultation
a. Municipalities, prefectures, and the national government will share roles, cooperate and work together in a unified response. For this purpose, the Cabinet Office shall encourage each ministry and agency to determine the consultation counter for each field of business and promote discussion regarding nationwide consultation counters that will explain laws and regulations and serve as a "focal point" that links to the appropriate consultation counter. In addition, the Cabinet Office shall make efforts to improve the expertise of staff members who provide consultations and the quality of the consultation services.
2. Awareness-raising activities
Training at administrative agencies/companies, educational activities for residents, and attention to women and children with disabilities
3. Collection, organization, and provision of information
Collection, making databases, and provision of cases (including basic information on gender, age, etc.)
4. Regional councils
Networking of various relevant organizations in the region to promote efforts to eliminate discrimination, with the participation of companies making efforts to facilitate the organization of such councils
F. Other important matters:
1. Revision of basic policy
2. Practice of the procedures and guidelines, as necessary
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