Mutsuhisa Ban
Senior Policy Investigator
with Counselor (in charge of measures for persons with disabilities)
with Cabinet Office Policy Officer (in charge of policy coordination)

1. Outline of the Act to Eliminate Discrimination against Persons with Disabilities

The Act to Eliminate Discrimination against Persons with Disabilities (Act No. 65 of 2013; hereinafter referred to as the “Act”) was enacted as part of the legislation to prepare for the conclusion of the Convention on the Rights of Persons with Disabilities (hereinafter referred to as the “Convention”).  It embodies the principle of “prohibition of discrimination” stipulated in Article 4 of the Basic Act for Persons with Disabilities (Act No.  84 of 1970), states more specific provisions concerning the prohibition of discrimination, and stipulates specific measures for compliance.

The Act prohibits unfair discriminatory treatment on the basis of disability by government agencies and business operators.  Moreover, the Act stipulates that they shall provide persons with disabilities with so-called “reasonable accommodation,” meaning the giving of necessary and reasonable accommodation to eliminate social barriers (i.e. structures, institutions, practices, stereotypes and everything else in society that would pose a barrier to persons with disabilities’ ability to carry on with their daily/social lives) according to the call of persons with disabilities, so long as the burden associated with the relevant implementation is not disproportionate.  At the time of enactment, government agencies were required to provide reasonable accommodation, and business operators were obliged to endeavor to do so. (Paragraph 2 of Article 7, and Paragraph 2 of Article 8 of the Act).

Moreover, it was decided that when three years shall have passed since the effectivity date of the Act, the state of reasonable accommodation implemented by business operators (Article 8, Paragraph 2 of the Act) and other conditions relative to the state of enforcement of the Act shall be reviewed, and if deemed necessary, amendments shall be made according to the results of the review (Article 7 of the Supplementary Provisions of the Act).

2. Background of the Revision

Based on the review provisions of Article 7 of the Supplementary Provisions of the Act, the　Cabinet Office’s Commission on Policy for Persons with Disabilities discussed the amendment of the act.  In June 2020 the Commission issued a statement, “An Outlook on the Review of the Amendment of the Act to Eliminate Discrimination against Persons with Disabilities Three Years after its Enforcement.”  Relative to the provision of reasonable accommodation by business operators, the Outlook stated that consideration must be made to make it obligatory by taking into account the opinions of various parties concerned.  Based on this, in October 2020 the Cabinet Office conducted interviews with organizations of business operators and groups of persons with disabilities.  Based on the results of the interviews, the government submitted to the 204th Ordinary Session of the Diet an amendment bill to require business operators to provide reasonable accommodation, strengthen collaboration between government agencies, and take measures to strengthen support for the elimination of discrimination on the basis of disability.  The bill was unanimously passed both by the House of Representatives and the House of Councilors, and was enacted on May 28, 2021, and was promulgated on June 4, 2021 as an amendment.

3. Main Contents of the Amended Act

Let me hereby discuss the main points constituting the amendments in the Act to Partially Amend the Act to Eliminate Discrimination against Persons with Disabilities (Act No. 56 of 2021, hereinafter referred to as the “Amended Act”).

(1) Requiring Provisions of Reasonable Accommodation by Business Operators:

Since the enforcement of the Act, many business operators have been working on providing reasonable accommodation.  Local governments are also working on enacting ordinances that require business operators to provide reasonable accommodation.  In addition, public-private collaboration efforts have been expanding since the 2020 Tokyo  Paralympic Games, and the provision of reasonable accommodation by business operators has been attained to a certain extent.

Furthermore, the Convention requires that all appropriate steps be taken to ensure that reasonable accommodation is provided (Article 5. 3).  The importance of reviewing the Act from the perspective of respecting the principles of the Convention and ensuring further consistency was also stressed by the Commission on Policy for Persons with Disabilities as the most important concept in the amendment of the Act.

However, there are cases where the provision of reasonable accommodation and discussions related to this issue are refused by business operators due to the fact that the provision of reasonable accommodation remains an obligation merely to endeavor.  Therefore, it has also become required to establish the provision of reasonable accommodation as a social norm and to promote these efforts in society as a whole.

Based on these developments, on the matter of providing reasonable accommodation by business operators, it has been decided to change the current terminology from  “obligation to endeavor” to “ requirement to implement”.  (Article 8, Paragraph 2 of the Act)

<Specific examples of reasonable accommodation>

Fig.  1:  A ramp placed at the place where there are steps

Fig.  2:  Using pictures, photo cards, tablet devices, etc. to facilitate communication with each other

(2) Added Responsibilities on the Collaboration between the National and Local Governments

In this amendment, it has become a requirement for business operators to provide reasonable accommodation.  However, what constitutes reasonable accommodation is often diverse and highly individualized, and thus the number of consultations is expected to rise.  Hence, the need for cooperation between the national and local governments will further increase, such as when the national, prefectural, and municipal agencies handle consultations.

Therefore, under the Amended Act, while the national and local governments play distinct roles, it is imperative that they cooperate with each other to promote the efficient and effective implementation of necessary measures to eliminate discrimination on the basis of disability.  (Article 3 of the Act)

(3)  Strengthening Support Measures to Eliminate Discrimination

Under the Amended Act, the following measures have been taken to strengthen support to eliminate discrimination as business operators are now required to provide reasonable accommodation.

A. New matters were stipulated in the basic policy relating to the promotion of eliminating discrimination on the basis of disability.

In order to ensure the smooth enforcement of the Amended Act, it is necessary to strengthen various support measures such as improving the consultation system and the collection and sharing of cases.

For this reason, the Amended Act added new basic matters to be stipulated in the basic policy relating to the implementation of support measures to eliminate discrimination on the basis of disability. (Article 6, Paragraph 2 of the Act)

B. Review of the system of consultation on discrimination on the basis of disability and prevention of disputes, etc.

Since it is expected that the number of consultations will increase and various kinds of consultations will be given, we consider that it is important to develop and secure human resources who can properly respond to consultations and resolve the raised issues and concerns.

For this reason, the Amended Act clarifies the responsibilities of the national and local governments to develop and secure human resources who can handle consultations on discrimination on the basis of disability.  (Article 14 of the Act)

C. Strengthening the collection, organization and provision of cases relating to discrimination on the grounds of disability

In individual cases, there is a concern that there may be differences in the understanding of how reasonable accommodation is to be provided, and with the perception of the disproportionate burden between persons with disabilities and business operators, it is expected that the importance of the cases that can be referred to by business operators and each consulted organization will further increase.

For this reason, under the Amended Act, it has been stipulated that local governments are mandated to endeavor to collect, organize, and provide information relating to measures that eliminate discrimination in the communities on the basis of disability.  (Article 16 of the Act)

4. Toward the Enforcement of the Amended Act

For the enforcement of the Amended Act, it is necessary to first revise the basic policy based on Article 6 of the Act, taking into account the perspectives of persons with disabilities and concerned parties, such as business operators.  After that, each ministry and agency will have to review the handling guidelines for each field of jurisdiction and guidelines for business operators, in accordance with Article 11 of the Act.  At the same time, it is expected that each local government will also need to take various measures, including the development of a consultation system.

For this reason, by taking into consideration the period required for pre-enforcement preparations, such as what was discussed above, and publicizing the Act’s amendments, the supplementary provisions of the Amended Act states that the enforcement date shall be the date specified by Cabinet Order within a time frame not exceeding three years from the date of promulgation.  The specific enforcement date will be set based on the progress of pre-enforcement preparations.

5. Conclusion

With the enactment of the Amended Act, we can expect that efforts will be made toward the realization of a society in which people can coexist with mutual respect for one another’s personality traits and individuality while being supportive of each other, without being isolated by the presence or absence of disabilities.

We in government will continue to make utmost efforts towards this goal, and we appreciate the understanding and cooperation of all concerned parties.