Kazuhiko Abe
The Representative, Japan Disability Forum
Chairman, Japan Federation of Organizations of the Disabled

Efforts of JDF regarding the Convention on the Rights of Individuals with Disabilities

The Japan Disability Forum (JDF), which is composed of 13 national-level organizations, mainly of diverse organizations of individuals with disabilities, has been holding enthusiastic discussions and detailed examinations in the Parallel Report Special Committee (Executive Director: Satoshi Sato) and other committees since 2017 and has submitted three parallel reports to the Committee on the Rights of Individuals with Disabilities. We have also conducted hearings of other countries’ examinations, etc.

In August of this year, a JDF delegation of about 70 people visited the UN office in Geneva, Switzerland to exchange information (private briefings and lobbying activities) with the Commissioner for the Rights of Individuals with Disabilities prior to the examination of Japan from the standpoint of civil society organizations (organizations of persons with disabilities, etc. ) and also to observe the examination of Japan’s implementation status of the Convention on the Rights of these individuals (constructive dialogue) of Japan’s implementation of the Convention on the Rights of Individuals with Disabilities.

Hearings on Constructive Dialogues

During the constructive dialogues held on August 22nd the 23rd, the government’s responses to questions from the Committee on the Rights of Individuals with Disabilities remained cautious, with explanations of related policies, confirmation of the direction of thinking, and indications of ongoing considerations. However, the responses lacked sufficient statistical data and information on the implementation status at the municipal level, leading to a sense of inadequate explanation.
On the other hand, the rights committee members seemed to have prepared quite well through parallel reports and private briefings (reports and Q&A sessions by JDF and others), and specific and pointed questions and confirmations were made to the government. The country rapporteur for Japan, Jonas Lascus, Vice-Chairperson (Lithuania) highlighted the core issues of the review during the start of the constructive dialogues, and Vice-Chairperson Kim Mi Young (South Korea) delivered a heartfelt and excellent closing statement from the perspective of the parties concerned.

A Model for Individuals with Disabilities that Resonates in the Heart

What impressed me the most was Vice-Chairperson Lascus’s repeated reference to the “human rights model for individuals with disabilities.” His issues were persuasive, based on his experience in Lithuania, a country with a high level of awareness of the issues regarding human rights violations.

Personally, the term “rights model” resonated with me due to my experience of deeply learning about the horrors of human rights violations and the importance of human rights advocacy through an exhibition at the International Red Cross Museum, located just across the road from the United Nations conference venue.

Lascus mentioned that the Sagamihara disability-related killings (2016) were rooted in eugenic ideology towards people with disabilities, which had become ingrained in Japanese society. He also stated that Japan’s laws and policies are not in harmony with the rights model for people with disabilities. Therefore, he argued that constructive dialogues provide an excellent opportunity to identify all the issues that demand the full recognition of the rights of all of these individuals and question Japan’s future direction.

These issues, which JDF also considers to be of utmost importance, include the recognition of sign language (Article 1-4), disabled women (Article 6), the exercise of legal capacity (Article 12), forced and prolonged hospitalization in psychiatric hospitals(Article 14), protection of individuals in their natural state (former eugenic protection law damage)(Article 17), community transition (Article 19), inclusive education (Article 24), labor(Article 27), strengthening of monitoring systems and absence of human rights relief systems(involvement of disability organizations)(Article 33), and more.
The social model of disability has gained some recognition, but it is important to further promote understanding of the “human rights model of disability” among individuals with disabilities, their families, local communities, and relevant organizations. This model emphasizes the importance of providing sufficient decision-making support based on the person’s own choices to maximize their abilities and enable them to live true to themselves.

Closing Remarks on Constructive Dialogue

A speaker from another country, Mis. Kim Mi Young, in her closing remarks on constructive dialogue, points out the significant gap between the actual situation of individuals with disabilities in Japan, as indicated by parallel reports, and the government’s report. She emphasizes that by individuals with disabilities, their families, and civil society organizations, it is possible to achieve the implementation of human rights and improve the quality of life for individuals with disabilities based on the recommendations. This is a very important point.

Future Activities Based on Concluding Observations

On October 7th, the Committee on the Rights of Individuals with Disabilities issued the final version of the concluding observations. While some recommendations can be achieved immediately, others may require steady advances in budgets and time allocation.
The JDF will conduct a detailed analysis of the concluding observations and carry out awareness-rising activities regarding their significance, including regional forums. During this process, it is important for us to deepen our own understanding and reflection on the concept of the human rights model of disability, which is common to all recommendations, and incorporate it as a fundamental principle for the entire nation including individuals with disabilities and their families. With the implementation and appropriate support, it is crucial to empower individuals to make decisions based on their own intentions and wishes, regardless of their type of disability, and allow them to demonstrate their abilities and lives in a manner true to themselves.

Furthermore, in consideration of the concluding observations, it is important to engage in concrete exchanges of opinions with relevant government ministries and agencies, as well as local governments, and implement practical measures. Monitoring the future implementation status in each region is also vital. Disability organizations such as the JDF need to collaborate with local organizations involved in disability issues to deepen their understanding of the significance of the concluding observations and work towards realizing a society where everyone can live comfortably. They play a significant role, drawing from the experiences of individuals with disabilities who have faced inconveniences and challenges.