The 30 Selected Japanese Laws Related to Persons with Disabilities

In this compilation, Japanese laws related to persons with disabilities are categorized according to their daily lives.

Besides law system shown in this pamphlet, measures at national level are carried out through Cabinet ordinances, ministerial ordinances and various kinds of notices. At the local government level, programs and services are carried out based on various kinds of regulations.

The followings are selections from the Constitutions of Japan which all laws above are based on.

The Constitution of Japan

Article11

The people shall not be prevented from enjoying any of the fundamental human rights. Those fundamental human rights guaranteed to the people by this Constitution shall be conferred upon the people of this and future generations as eternal and inviolate rights. (Fundamental human rights)

Article12

The freedoms and rights guaranteed to the people by this Constitution shall be maintained by the constant endeavor of the people, who shall refrain from any abuse of these freedoms and rights and shall always be responsible for utilizing them for the public welfare. (Prohibition of abuse of freedoms and rights)

Article13

All of the people shall be respected as individuals. Their right to life, liberty, and the pursuit of happiness shall, to the extent that it does not interfere with the public welfare, be the supreme consideration in legislation and in other governmental affairs. (Respect of individuals)

Article25

All people shall have the right to maintain the minimum standards of wholesome and culture living. In all spheres of life, the State shall use its endeavor for the promotion and extension of social welfare and security, and of public health. (Rights of minimum standard life)

Article26

All people shall have the rightto receive an equal education correspondent to their ability, as provided for by law. All people shall be obligated to have all boys and girls under their protection receive ordinary education as provided for by law. Such compulsory education shall be free. (Rights and obligations of education)

Article27

All people shall have the right and the obligation to work. Standards for wages, hours, rest and other working conditions shall be fixed by law. Children shall not be exploited. (Rights and obligations of labor)

The 30 Selected Japanese Laws Related to Persons with Disabilities

I. Basic Principles

1. Disabled Persons' Fundamental Law (1970)

II. Support for Independence and Participation in Society

2. Law for the Welfare of Physically Disabled Persons (1949)

3. Law for the Welfare of Mentally Retarded Persons (1960)

4. Child Welfare Law (1947)

5. Law for Promotion of Research, Development and Distribution of Technical Aids and Equipments (1993)

6. Social Welfare Services Law (1951)

III. Health and Medical Care

7. Law concerning Mental Health and Welfare for Mentally Disabled Persons (1950)

8. Maternal and Child Health Law (1965)

IV. Education

9. School Education Law (1947)

10. Law for Encouragement of School Attendance at Special Schools for Blind Persons, Deaf Persons, Physically Disabled Persons and Mentally Retarded Persons (1954)

V. Employment

11. Law for Employment Promotion, etc. of the Disabled Persons (1960)

12. Employment Countermeasures Law (1966)

13. Employment Insurance Law (1974)

14. Human Resources Development Promotion Law (1969)

VI. Living Environment

15. Law for Promoting Businesses that Facilitate the Use of Communications and Broadcast Services by the Physically Disabled Persons (1993)

16. Law for Buildings Accessible to and Usable by the Elderly and Physically Disabled Persons (1994)

17. Road Traffic Law (1960)

18. Mail Law (1947)

19. Telecommunication Service Law (1984)

VII. Housing

20. Public Housing Law (1951)

VIII. Income and Tax (Income Security and Tax System)

21. Special Child Rearing Allowance Law (1964)

22. National Pension Law (1959)

23. Employees' Pension Law (1954)

24. Daily Life Security Law (1950)

25. Workmen' s Accident Compensation Insurance Law (1947)

26. Income Tax Law (1965)

27. Special Measures Act concerning Temporary Taxation (1957)

28. Inheritance Tax Law (1950)

29. Consumption Tax Law (1988)

30. Local Tax Law (1950)

Major National Governments' Measuresfor Persons with Disabilities

* Numbers in ( ) are the years the Iaws were enacted.

I. Basic Principles

1 Disabled Persons' Fundamental Law (1970, Law No. 84-major revised in 1993)

The purpose of this law is to establish the fundamental principles regarding measures for disabled persons and designate the responsibilities of the State, local public entities and the people.

• Article 2 (Definition): "Disabled persons" as used in this Law means persons whose daily life or life in society is substantially limited over the long term due to a physical disability, mental retardation or mental disability.
• Article 3 (Fundamental Principles): The dignity of all disabled persons shall be respected. They shall have the right to be treated accordingly. All disabled persons shall, as members of society, be provided with opportunities to fully participate in such a manner.
• Article 4 (Responsibilities of the State and Local Public Entities): The State and local public bodies shall be responsible for promoting the welfare of disabled persons and for preventing disabilities.
• Article 5 (Responsibilities of the Nation): The nation shall, on the basis of the principle of social solidarity, endeavor to cooperate in promoting the welfare of disabled persons.
• Article 6 (Efforts to Achieve Independence): Disabled persons shall endeavor to participate actively in social and economic activities by making effective use of the abilities they possess. The family members of disabled persons shall endeavor to promote independence of disabled persons.
• Article 6-2 (Disabled Persons' Day): Disabled Persons' Day shall be established for the purpose of raising the public awareness to the welfare of disabled persons and stimulating disabled persons' desire to actively participate in social, economic, cultural and other areas of activity.
• Article 7 (Fundamental Policies): The measures regarding the welfare of disabled persons shall be carried out according to their age and to the types and severity of disabilities.

There are other fundamental principles regarding programs for persons with disability cover-ing the State, Metropolitan and prefectural governments, and cities, towns and villages; as well as those regarding medicine, education, employment, pension, housing, public facilities, information, culture, sports, etc. Total number of the Articles of this law is 29.

II. Support for Independence and Participation in Society

2 Law for the Welfare of Physically Disabled Persons (1949, Law No. 283)

The following is carried out to promote independence and participation in society of physically disabled persons.

• Issuing of physically disabled persons' handbook.
• Various counseling services.
• Grant of prosthetic appliances such as wheelchairs, canes, hearing aids and artificial limbs.
• Provision of technical aids for daily living such as bathtubs, toilet facility, beds and communication aids (e. g. talking machines and word processors. )
• Rehabilitation training.
• Provision of services necessary for participation in society such as sign language interpreter, translation Braille, guide helper and modification of motor vehicles.
• Provision of work opportunities.
• Provision of specialized facilities for nursing care.
• Provision of place for living.

Information and consultation on the above services are available at Section in charge of Disabled Persons in local governments. In each local government, there are counselors for physically disabled persons appointed by the prefectural governor. Rehabilitation Centers for the Physically Disabled Persons in all prefectures and government ordinanced cities provide more specialized counseling services.

3 Law for the Welfare of Mentally Retarded Persons (1960, Law No. 37)

The law carries out necessary support in promoting independence and participation in society of mentally retarded persons.

• Specialized counseling provided by Social Welfare Offices and Rehabilitation Consultation Centers.
• Various training for independence.
• In-house services such as home helper, day care and short stay programs, etc.
• Provision of technical aids for daily living such as electric toothbrush and special type mat, etc.
• Provision of living space such as welfare home and group home, etc.
• Provision of specialized facilities to help daily life. For instance residential facilities for rehabilitation, nonresidential facilities and so on.

Handbook for people with mental retardation is issued to enable easy access to various services. Information and consultation services are available at Social Welfare Offices (in cities and prefectures) and Counseling Centers for the Rehabilitation of the Mentally Retarded Persons as well as Section in charge of Disabled Persons in local governments. In each local government, there are counselors for mentally retarded persons appointed by the prefectural governor.

* As to the welfare service for mentally disabled persons, please see No. 7, "Law concerning Mental Health and Welfare for Mentally Disabled Persons. "

4 Child Welfare Law (1947, Law No. 164)

The law protects the human rights of all children and aims at their healthy upbringing. Services like health examination and guidance on medical educational care, medical treatment, prosthetic appliances, specialized non-residential facilities and facilities for education and care, and public assistance institutions areprovided for disabled children.

Information and consultation services are available at Social Welfare Office, Child Guidance Center and Public Health Center in cities, prefectures and government ordinanced cities. Commissioned volunteer child welfare workers are stationed in municipalities.

5 Law for Promotion of Research, Development and Distribution of Technical Aids and Equipments(1993, Law No. 38)

To help everyday life and social life of disabled persons and elderly persons, the law aims to improve industrial technology, thus promoting the development and distribution of various equipments.

6 Social Welfare Services Law (1951, Law No. 45)

The law provides the fundamentals of welfare services for proper implementation of welfare programs. Also stipulated in this law are; establishment of social welfare juridical person and the contents of its programs, as well as the qualification of services providers such as social welfare officers.

III. Health and Medical Care

7 Law concerning Mental Health and Welfare for Mentally Disabled Persons (1950, Law No. 123)

The law provides necessary support for mentally disabled persons such as medical care and protection, promotion of social rehabilitation, and independent living and participation in society. It also aims to improve the mental health of the whole nation. The main measures are as follows:

• Establishment of Mental Health and Welfare Centers in all prefectures.
• Establishment of prefectural mental hospitals and designation of private hospitals.
• Issuing of Mentally Health and Welfare Notebook.
• Establishment of institutions for rehabilitation

• (1) Daily Life Adjustment Training Facilities
• (2) Sheltered Workshops
• (3) Welfare Homes
• (4) Welfare Industries

• Entrustment of occupational training with enterprises.
• Designation of Social Participation Promotion Centers.
• Supplement of medical fee by government funds.

Information and consultation services on the above are available at Public Health Centers and Mental Health Welfare Centers at prefectural level. Counselors for Mental Health Welfare are in all prefectures throughout the country.

8 Maternal and Child Health Law (1965, Law No. 141)

To protect the health of mothers and infants, health examination for expectant and nursing mothers, visiting health service for newly born infants, visiting health service for premature babies, health examination for infants and medical care for premature babies are provided in this law.

* Other general laws provide rehabilitation medicine, medical treatment for disabled children and medical fee grant for disabled persons by local public body.

IV. Education

9 School Education Law (1947, Law No. 26)

The law provides education for disabled children such as general classes, special classes, non-residential classes, special schools and itinerant teaching, etc.

The City Education Committees or Consultation Center for Education accept consultations concerning school registration.

10 Law for Encouragement of School Attendance at Special Schools for Blind Persons, Deaf Persons, Physically Disabled Persons and Mentally Retarded Persons (1954, Law No. 144)

The law provides support for children and students registered at these schools through provision of books, meals (lunch), transportation fee for commuting and for school trips and educational supplies.

*Nursing service and community participation of children with disability are provided by programs in other laws.

Symbol mark of International Year ofdisabled Persons(1981) and UN Decade of Disabled Persons,1983-1992	Logo of the Asian and Pacific Decade of Disabled Persons, 1993-2002	International Symbol of Access Adopted by RI World Congress in 1969, ISO 1984

V. Employment

11 Law for Employment Promotion, etc. of the Disabled Persons (1960, Law No. 123)

The Quota System and Levy and Grant System play the central role in promoting employment for disabled persons.

• The Quota System: General employers including the government and municipal offices are obligated to employ disabled workers in excess of the quota.
  The legal quota is:

  Governmental bodies - 2. 0 % (Non-clerical - 1. 9%)

  Private enterprises - 1. 6% (Specialized juridical person - 1. 9%)

  The quota will be changed in 1998 as follows:

  Governmental bodies - 2. 1% (Non-clerical - 1. 9%)

  Private enterprises - 1. 8 % (Specialized juridical person - 2. 1%)

  This ratio does not include mentally ill persons. Employers are obligated to report the number of disabled workers they employ to the head of the Public Employment Security Office annually. This office may announce to the public the names of enterprises who fail to meet the quota and request them to draw up plan for employment of disabled persons to meet the quota.
• Levy and Grant System: This system works by collecting levy from those enterprises that fail to achieve the quota of disabled workers. The funds created by the levy system are used to encourage employers who employ disabled persons above the quota and to promote disabled workers' employment and improve working conditions.

  Collection of Levies: ¥50,000 a month per person (with more than 300 full-time employees).

  Payment of Adjustment Allowance: ¥25,000 per month per person will be paid to the employers who employ disabled workers more than the legal quota (with more than 300 full-time employees).

  Payment of Rewards: ¥17,000 per month per person will be paid to the employers who employ disabled workers in excess of the fixed number (with less than 300 full-time employees).

  Payment of Grants: For establishment of work facilities, special employment management, vocational adjustment, ability development, etc. to promote such employment.

• Public Vocational Training Allowance for disabled persons and a loan system of funds for purchasing of technical aids and equipments.

12 Employment Countermeasures Law (1966, Law No. 132)

• The law provides measures to improve vocational training for people with disabilities and assist them to find employment.

• Vocational training facilities and improvement of training contents.
• Ensuring the training of training guidance workers and the enhancement of their quality.
• Supply of an allowance for adjustment training.
• Supply of a training allowance to employers.

13 Employment Insurance Law (1974, Law No. 116)

There is Fundamental Allowance which secures life of non-employees till they find new employment and Re-employment Allowance for those who find work in a shorter period.

• Fundamental Allowance - Additional days counted are qualified.
• Employment Preparatory Allowance - If re-employed with conditions fulfilled, 30 days Fundamental Allowance is granted.

14 Human Resources Development Promotion Law (1969, Law No. 64)

The law is to secure opportunities to develop various vocational abilities. Vocational Ability Development Centers for Disabled Persons are established under this law.

At present, there are 13 Vocational Ability Development Centers for Disabled Persons established by national government and 6 established by prefectural governments throughout Japan.

VI. Living Environment

15 Law for Promoting Businesses that Facilitate the Use of Communications and Broadcast Services by the Physically Disabled Persons (1993, Law No. 54)

The law promotes services to make media like telecommunications and broadcast accessible to people with disabilities. For instance, subsidies are given for the production of superimposed television programs or those with narrations explaining the action.

16 Law for Buildings Accessible to and Usable by the Elderly and Physically Disabled Persons (1994, Law No. 44)

The law aims to build public buildings which meet the needs of people with disabilities. It is also called "Heartful Building Law."

17 Road Traffic Law (1960, Law No. 105)

This law provides safe transportation for visually impaired persons. Thus, sighted per-sons are prohibited to walk with white or yellow cane, and to walk with a guide dog.

18 Mail Law (1947, Law No. 165)

Postage for Braille paper and recorded mail for visually impaired persons are free of charge. Parcels for disabled people can be mailed at half the cost. The postage for periodicals published by disabled person groups can be mailed at a small charge.

19 Telecommunication Service Law (1984, Law No. 86)

Disabled persons may get NTT telephone directory service for a free of charge. Persons with speech disorder may get lower fee of usage fee of public telephone through calling by credit.

VII. Housing

20 Public Housing Law (1951, Law No. 193)

When living in public housing, disabled persons are given special consideration. There is a standard of larger living space for families with persons with disabilities. In addition, local public entities give priority in providing to disabled persons public housing and lowering of rent.

VIII. Income and Tax (Income Security and Tax System)

21 Special Child Rearing Allowance Law (1964, Law No. 134)

• Special Allowance for Disabled Persons: Provided to those 20 years of age and over with degrees of disability requiring special care and attention in daily life due to serious disability either mental or physical.

  ¥26,230 per month with income limitation (1997).

• Special Child Rearing Allowance: Granted to parents or guardians of children, under 20 years of age with moderate/severe disability.

  ¥50,350 per month for those with severe disability (1997).

  ¥33,530 per month for those with moderate disability (1997).

• Welfare Allowance for Disabled Children: ¥14,270 per month is granted to children with severe disability.

22 National Penion Law (1959, Law No. 1412)

There is the Basic Disability Pension, which is granted after having joined the insurance program (Case A) or when a certain degree of disability has occurred prior to the age of 20 years (Case B). In the latter case; however, there is an income limitation.

• 1st grade - ¥981,900 (¥81,825 per month, 1997)

• 2nd grade - ¥785,490 (¥65,458 per month, 1997)

* These grades are different from the degrees indicated in the physically disabled person's handbook.

23 Employees' Pension Law (1954, Law No. 115)

According to the degree of the insured disability, Employee Disability Pension and Disability Allowance (a one time lump sum for minimal disabilities) are paid.

24 Daily Life Security Law (1950, Law No. 144)

Families who have difficulties in daily life because of their low income are given Public Assistant Benefit to ensure the minimum standard of living. There is a system of supplemental allowance for disabled persons according to the condition of disability.

25 Workmen's Accident Compensation Insurance Law (1947, Law No. 50)

Besides provision of disability pension and disability lump-sum payments, welfare services such as special allowance, medical services, health care, supply of prosthetic appliance, etc. , are also provided.

26 Income Tax Law (1965, Law No. 33)

Taxpayers with disability or who have disabled family member may get exemption of income tax. The exemptions are as follows:

• Specified disabled persons, that is (a) Grade 1 or 2 in a physically disabled person's handbook or (b) Severe level in a handbook for people with mental retardation - ¥350,000
• Disabled persons other than above - ¥270,000

27 Special Measures Act concerning Temporary Taxation (1957, Law No. 26)

Regarding the above income exemptions, those living severely disabled persons may get supplemental allowance.

• Supplemental allowance - ¥300,000

28 Inheritance Tax Law (1950, Law No. 73)

Inheritance tax is reduced in the case of disabled persons' heir.

• Up to 70 years of age - ¥60,000 per year (¥120,000 for specified disabled persons)

29 Consumption Tax Law (1988, Law No. 108)

Items for disabled persons (e. g. prosthesis, cane, artificial eyes, Braille writer and wheelchair) are exempted fromconsumption tax.

30 LocalTax Law (1950, Law No. 226)

Local Resident Tax is reduced (disabled personswith annual incomes of ¥1,250,000 or less get a tax exemption). Exemptionamounts are as follows:

• Specified disabled persons - ¥280,000

• Other disabled persons - ¥260,000

There are cases of reduction or exemption from automobile taxes, light mobile taxes and automobile purchase taxes.

Major National Governments' Measures for Persons with Disabilities

Title:
The 30 Selected Japanese Laws Related to Persons with Disabilities

Publisher:
Japanese Society for Rehabilitation of Disabled Persons

Month,Year of Publication:

To access/retrieve this document:
Japanese Society for Rehabilitation of Disabled Persons
22-1, 1-chome Toyama, Shinjuku-ku, Tokyo 162, Japan

Tel:813-5273-0601
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E-mail:jsrd@mxg.meshnet.or.jp