Satoshi Sato,
Secretary General
JDF CRPD Parallel Report Special Committee

Progress so far

The Japan Disability Forum (JDF) has conducted a comprehensive review of national legislation in order to prepare a parallel report and submitted to the UN Committee on the Rights of Persons with Disabilities. By doing so, we aim to elicit appropriate Concluding Observations from the UN Committee and use them to improve domestic legislation.

In 2017, the Preparatory Committee was launched, which became the JDF CRPD Parallel Report Special Committee (hereafter referred to as the Special Committee) in 2018, consisting of 30 committee members selected from all JDF member organizations. The Special Committee met monthly to prepare the first "Parallel Report for the List of Issues" in 2019. The second, "Parallel Report for the Concluding Observations for Japan," was prepared in the summer of 2020. The Special Committee prepared both reports following the same working process as below:

• Eight working groups were established and a draft report was prepared
• The Drafting Committee discussed and modified the draft report
• The Special Committee discussed and modified the draft report
• The Special Committee and the JDF senior board members conducted a final review and the report was completed

From October 2019 to April 2020, the Special Committee met 12 times. In addition, the Drafting Committee met just as many times, plus the working group meetings, so we met every week for those last six months.

Many people pointed out that the Parallel Report for the List of Issues was too long, over 120 pages long. Therefore, the Parallel Report for the Concluding Observations for Japan was compiled with an emphasis on compactness. Furthermore, we carefully selected the items to reflect the status after the Parallel Report for the List of Issues submitted in 2019, including new issues related to COVID-19 in the Article 11 section. The Japanese version, totaling 48 pages, was translated into English and submitted to the United Nations at the end of March 2021.

Ten most important issues and eight critical issues

To ensure effective lobbying, we established the ten most important and eight critical issues from the broad scope of the CRPD. The September 2019 Working Group's lobbying of independent experts in Geneva focused on these 18 issues.

◇Ten most important issues

Recognition of sign language (Articles 1-4), Women with disabilities (Article 6), Exercise of legal capacity (Article 12), Involuntary and long-term hospitalization in psychiatric hospitals (Article 14), Protecting the integrity of the person (damage caused under the former Eugenic Protection Law) (Article 17), Transition to the community (Article 19), Inclusive education (Article 24), Work (Article 27), Statistical data (Article 31), Strengthening of monitoring system and absence of a human rights redress system (participation of disabled people's organizations) (Article 33)

◇Eight critical issues

Shift to social model/human rights model (Art. 1-4), Optional Protocol (Art. 1-4), Issues relating to the Act for Eliminating Discrimination against Persons with Disabilities (Art. 5), Disaster prevention and reduction (Art. 11), Access to justice (Art. 13), Abuses (Art. 16), Absence of Information accessibility and Communication Legislation (Article 21), International Cooperation (Article 32)

Introduction of the Parallel Report for the Concluding Observations for Japan

～10 most important issues～

This article presents the ten most important issues stated in the JDF's Parallel Report for the Concluding Observations for Japan. As the UN Committee might want to quote directly from the recommendations in the Parallel Report and put in their Concluding Observations, the issues raised in the Report are structured as Concerns with the dot point ○, followed by Draft recommendations ●. Due to the limited number of words, only a part of ● the Draft recommendation are excerpted here.

◇Recognition of sign language (Art. 1-4)

Amended in 2011, the Basic Act for Persons with Disabilities stipulates in Article 3. (iii) that "All persons with disabilities are guaranteed the opportunity, insofar as possible, to choose their language (including sign language) and other means of communication for mutual understanding; and opportunities for them to choose the means of acquisition or use of the information will be expanded." Thus, it was the first time that Japanese law recognized sign language as a language. However, since then, efforts have not been made to create an environment in which sign languages can be used.

The Draft recommendations on sign language as contained in the parallel report is as follows.

4．Recognition of sign language

• The Committee recommends that the State Party enact a sign language act that guarantees the right to use sign language in all areas, including the judiciary, legislation, public administration, labor, health care, education and elections.

◇Women with disabilities (Article 6)

Concerning the multiple discrimination of women with disabilities, the Committee on the Rights of Persons with Disabilities is greatly concerned. It has issued General Comment No. 3ⁱ, which summarizes the interpretation of Article 6 of the CRPD. In terms of domestic legislation, the Fourth Basic Plan for Persons with Disabilities includes a section on "detailed support for women, children and the elderly with disabilities, taking into account their multiple difficulties." However, the Basic Act for Persons with Disabilities and the Act for the Elimination of Discrimination against Persons with Disabilities only contain the words "according to gender." Moreover, as there is no statistical data, it is impossible to grasp the actual situation of women with disabilities. In the Parallel Report, we pointed out the following five issues.

1. Clearly specify the principles of prohibition of multiple discrimination/intersectional discrimination under the law, 2．Understanding

the actual conditions of victims of sex crimes and remedial measures, 3. Training for staff at relevant agencies, 4. Participation in policy- and decision-making bodies, 5 Empowerment

The Draft recommendation on the second of the above five issues raised in the parallel report follows.

2．Understanding the actual conditions of victims of sex crimes and remedial measures

• The Committee recommends that the State Party work with organizations that represent women with disabilities to gain an understanding of the actual conditions of sex crimes, DV, and undesired assistance from persons of a different gender in hospitals, residential institutions, at home, etc. and take remedial measures; and that it makes it possible for all women with disabilities to access reporting, counseling and support agencies and facilities related to violence against women in general.

◇Equal recognition before the law (Article 12)

Although Japan has the adult guardianship system, the CRPD does not recognize this type of substitute decision-making. General Comment No. 1ⁱⁱ, which summarize the interpretation of Article 12, states that:

Paragraph 7: "States parties must holistically examine all areas of law to ensure that the right of persons with disabilities to legal capacity is not restricted on an unequal basis with others. Historically, persons with disabilities have been denied their right to legal capacity in many areas in a discriminatory manner under substitute decision-making regimes such as guardianship, conservatorship and mental health laws that permit forced treatment. These practices must be abolished in order to ensure that full legal capacity is restored to persons with disabilities on an equal basis with others."

Paragraph 8: "Article 12 of the Convention affirms that all persons with disabilities have full legal capacity." Thus, in the light of the CRPD, we pointed out three issues:

1. Abolition of the adult guardianship system and provisions establishing the incapacity to sue, 2. Shift to supported decision-making, 3. Measures to raise the awareness of professionals.

This article quotes the first of the above three issues and the Draft recommendation.

1. Abolition of the adult guardianship system and provisions establishing the incapacity to sue

• The Committee recommends that the State Party eliminate laws that restrict the equality of persons with disabilities before the law by amending the Civil Code to abolish the adult guardianship system and amending the Code of Civil Procedure to abolish provisions establishing the incapacity to sue.

◇Involuntary and long-term hospitalization in psychiatric hospitals (Article 14)

In Japan, the number of admissions to psychiatric hospitals is much higher than in other countries, and nearly half of all admissions are compulsory (hospitalization under medical care or measures). In addition, behavioral restrictions such as physical restraint and isolation have increased significantly in recent years.

Article 14 states that persons with disabilities also enjoy the right to liberty and security of the person and shall not be unlawfully or arbitrarily deprived of their liberty. In Japan, however, the Act on Mental Health and Welfare for the Mentally Disabled permits hospitalization for medical protection without the patient's consent, which needs to be improved. We pointed out the following two points.

1．Revision of the law to abolish involuntary hospitalization and activity restrictions on the basis of disability, 2．Establishment of guidelines for abolishing involuntary hospitalization and activity restrictions

This article quotes the first of the above two issues and the Draft recommendation.

1. Revision of the law to abolish involuntary hospitalization and activity restrictions on the basis of disability

• The Committee recommends that the State Party revise the law to abolish the involuntary hospitalization system that deprives liberty of person on the basis of disability or other cases in accordance with Articles 28 and 33 of the Act on Mental Health and Welfare for the Mentally Disabled, and to abolish activity restrictions on the basis of disability and other requirements in accordance with Article 37 of the same law.

◇Protecting the integrity of the person (damage caused under the former Eugenic Protection Law) (Article 17)

In the Eugenic Protection Law trials, Sendai, Tokyo, Osaka, and Sapporo judgments have been handed down. However, there has been a series of unjust rulings applying the exclusion period, with some mentioning that the Eugenic Protection Act was unconstitutional.

In the Parallel Report, we pointed out the following three issues.

1．Forced sterilization under the former Eugenic Protection Law (1948-1996), 2．Investigation, verification, and measures related to forced sterilization, 3. Elimination of the time limit for filing a lawsuit related to the forced sterilization of persons with disabilities

Of these three issues, this article shares the third.

3．Elimination of the time limit for filing a lawsuit related to the forced sterilization of persons with disabilities

• The Committee recommends that, in the event that a person with a disability files a suit for forced sterilization, etc. on the basis of disability, including a claim on national compensation, the State Party take the necessary measures to prevent the application of the provisions of the statute of limitations or extinctive prescription when determining whether or not to recognize the individual’s right to compensation.

◇Transition to the community (Article 19)

Article 19 is a vital pillar of the CRPD, which stipulates that State Parties "recognize the equal right of all persons with disabilities to live in the community, with choices equal to others," and that "persons with disabilities have the opportunity to choose their place of residence and where and with whom they live on an equal basis with others and are not obliged to live in a particular living arrangements." It calls on the State Party to promote the transition to the community.

In the Parallel Report, we pointed out the following four issues.

1．Absence of laws regarding the right to live in a community as well as transition to the community, 2. Transition to the community form residential institutions, 3. The problems of long-term psychiatric hospitalization, stagnant transition to the community, 4. Insufficient community support services and problems relating to such support

This article quotes the first of the above four issues and the Draft recommendation.

1. Absence of laws regarding the right to live in a community as well as transition to the community

• The Committee recommends that the State Party specify the “right to live in communities” and “transition to the community” in the Basic Act for Persons with Disabilities, the Act on Comprehensive Support for Persons with Disabilities, and the Mental Health and Welfare Act as well as implement these as policies with focused budget allocation measures in order to ensure independent living and community inclusion for persons with disabilities.

◇Inclusive education (Article 24)

The CRPD states that State Parties "shall ensure an education system at all levels and lifelong learning," that is inclusive of persons with disabilities and calls for inclusive education at all ages. So that is also an important topic for Japan. The Parallel Report points out the following six points.

1．Policies to promote inclusive education, Policies to promote inclusive education, 2. Basic environmental arrangements (accessibility) and reasonable accommodation, 3. Sign language and education, 4. Guarantee of the right to education for persons with deaf-blindness, 5. High school, 6. University

This article quotes the first of the above six issues.

1. Policies to promote inclusive education

• The Committee recommends that the State Party take appropriate measures such as data collection to understand the situation of children with disabilities in compulsory education, with a view to realizing inclusive education that allows all children to attend regular schools in the communities in which they live in principle. In addition, the Committee recommends taking legislative and policy-based measures related to the elementary and junior high school systems in order to realize inclusive education.

◇Work (Article 27)

As the issue of padding of employment rate of persons with disabilities came to light in 2018, the employment of people with disabilities in Japan is not progressing. The Parallel Report points out the following five points.

1. Realizing mobility assistance for commuting and assistance in the workplace in the labor market, 2. Welfare employment settings (sheltered workshops), 3. Prohibition of discrimination on the basis of disability in matters related to all forms of employment in the public and private sectors, 4. The problem of persons with disabilities being excluded from the workplace, 5. Double counting and special subsidiaries

This article quotes the first of the above five issues.

1. Realizing mobility assistance for commuting and assistance in the workplace in the labor market

• The Committee recommends that the State Party establish measures through the welfare system so that persons with disabilities can receive mobility assistance for commuting and assistance in the workplace.

◇Statistical data (Article 31)

Statistics is an essential source of information for understanding the actual situation and formulating policies, but there is very little statistical data on disability in Japan. This issue has been pointed out for a long time. As a result, in the first national report submitted by the Japanese government to the United Nations in 2016, the government stated that it would make efforts to improve the situation before submitting the next report and started to make improvements.

1．Absence of data necessary to implement and monitor the CRPD

• The Committee recommends that the State Party take the following measures while taking into account Target 17.18 of the Sustainable Development Goals (SDGs).

a. Incorporate questions regarding disability into the Population Census, the Comprehensive Survey of Living Conditions, the Labour Force Survey, the School Basic Survey, and other Fundamental Statistics so as to achieve statistics on persons with disabilities that can be compared to those of persons without disabilities.

※Omit the following

◇Strengthening of monitoring system and absence of a human rights redress system (participation of disabled people's organizations) (Article 33)

Although 110 countries worldwide have established national human rights institutions, Japan does not have an independent national human rights institution based on the Paris Principles. In the past, treaty bodies such as the Covenant on Social Rights, the Covenant on Civil Liberties, the Convention on the Elimination of All Forms of Racial Discrimination, the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, the Convention on the Elimination of All Forms of Discrimination against Women, and the Convention on the Rights of the Child have repeatedly issued recommendations to the Government of Japan calling for the establishment of a national human rights institution. The Parallel Report points out the following four issues.

1．Establishment of an independent human rights institution, 2．Strengthening of the independence and function of the Commission on Policy for Persons with Disabilities, 3. Monitoring systems in local governments, 4．Monitoring of the Convention and the involvement of organizations of persons with disabilities and civil society

This article quotes the second of the above four issues.

2．Strengthening of the independence and function of the Commission on Policy for Persons with Disabilities,

• The Committee recommends that the State Party establish and ensure sufficient budgets for independent personnel and executive office systems to increase the independence and functionality of the Commission on Policy for Persons with Disabilities, add the legislature and judiciary to the entities subject to monitoring by the Commission, increase the percentage of members with disabilities on the Commission on Policy for Persons with Disabilities to at least half, and ensure diversity (disability, gender, age, region, affiliated organization, etc.) of membership on the Commission.

Conclusion

The Constructive Dialogue with Japan scheduled for the summer of 2020 has been postponed due to the COVID-10 pandemic, and no official date has been set for when it will take place.

When the Constructive Dialogue does take place, JDF will send a delegation to lobby and brief independent experts of the Committee on the Rights of Persons with Disabilities. We aim to have Concluding Observations point out what we consider to be issues. In addition, we would like to use the Concluding Observations in our activities to upgrade the domestic legal system further.

i Committee on the Rights of Persons with Disabilities, General Comment No. 3 on Article 6: Women and girls with disabilities (Adopted in 2016)

ii Committee on the Rights of Persons with Disabilities, General Comment No. 1 on Article 12: Equal recognition before the law (Adopted in 2014)

The full report in English is available on the following URL.

https://www.normanet.ne.jp/~jdf/data/pr/jdf_report_for_the_session_en.pdf