Policies for Persons with Disabilities in Japan
from the Viewpoint of a Person with a Disability
By Koji Onoue, Secretary-General DPI-Japan
1. Self introduction - From a special school/institution for children with disabilities to an ordinary school
Born prematurely in a state of suspended animation. Diagnosed as having cerebral palsy at the age of one. Affected lower extremities are of spastic type?
Spent my elementary school days in a special school/institution for children with disabilities. My experiences in the institution :
- Entering the institution was decided by a Child Guidance Center and my parents. I was informed one week before entering.
- Wanted to bring many books with me, but it was not allowed because of property restriction rules.
- Found name tags with "No. 51 Koji Onoue" written with a felt-tipped pen, sewed on everything from the jacket to the undergarments.
- Dreadful experiences of a surgical operation and exercises before going to bed (Refer to Material 1)
- The special school was on the second floor of the institution. We spent 24 hours each day just being in the institution : "What does a traffic light look like?" "A shopping day"
- It was always emphasized to us that "a person with a disability must have endearing qualities so as to be cared for by others."
- Some staff in the institution and teachers of the special school who provided moral support when transferring to an ordinary junior high school
Attending an ordinary junior high school
-
Upon enrollment – "Now that you are in an ordinary school, we shall not be giving you any special treatment. Do not depend on the help of facilities, teachers, or other students."
– "Is doing nothing for me equal to 'no special treatment'?" - Surprised at a students' general meeting – "Are there this many people?"
- Being carried on the back of my classmate – moving to the music room, etc.
Development of the independent living movement and postwar policies for persons with disabilities
After the war ～ 1960s : "Generalization of countermeasures for wounded veterans" →isolated institutionalization/rehabilitation
1949 - Enactment of the Law for the Welfare of Physically Disabled Persons
1960 - Enactment of the Mental Hygiene Law (the present Mental Health and Welfare Law)
Enactment of the Law for the Welfare of Mentally Retarded Persons (the present Law for the Welfare of Intellectually Disabled Persons)
Physically Handicapped Persons' Employment Promotion Law (the present Law for Employment Promotion, etc. of the Disabled Persons)
※ Policies for persons with disabilities were implemented based on the above-mentioned three laws, but the focus was placed on economic regeneration, and those who were not capable of doing that were left in social isolation.
★ After the war, various organizations for persons with disabilities were established and the Law for the Welfare of Physically Disabled Persons was enacted (1949).
= The background of the enactment of the law includes the fact that Countermeasures for Wounded Veterans ceased to exist due to the abolition of the Military Protection Agency in the course of GHQ's policy of the "democratization and abolition of militarism of Japan." In that sense, it can be said that a big aspect of the enactment of this law has to do with the "Generalization of countermeasures for wounded veterans."
★ 1960s – High economic growth and "socialization of issues of persons with disabilities" :
"Law for the Welfare of Mentally Retarded Persons" and "Physically Handicapped Persons' Employment Promotion Law" (1960) – The isolated institutionalization /rehabilitation policy as seen in the concept of Zenkoku (nationwide) Colony network (1965) evolved into the establishment of Nishikomago Colony in Nagano Prefecture, Funagata Colony in Miyagi Prefecture (1968), Kongo Colony in Osaka Prefecture (1970), National Colony Nozomi- no - sono (1971), etc. In the time of high economic growth, along with the shifting of labor forces creating thinly populated and overpopulated areas, the number of nuclear families became larger. Thus, the issues of persons with disabilities, which used to be hidden behind the support of bigger families, came to the fore. At the same time, since there occurred many incidents of killing children with disabilities and double suicides, the movement calling for the establishment of institutions by parents' associations and others became rampant.
1970's : Emergence of persons with disabilities as subjects of social movements
★ The incident of the killing of a child with a disability that occurred in Kanagawa Prefecture in 1970 led to parents' associations demanding leniency in the commutation of consequent punishment. Relative to this, the Kanagawa Aoishiba - no - Kai (The "Green Grass Association") raised the issue and denounced the move, saying, "Please realize the gravity of the fact that a person was killed." Through this process, accusations and raising the issue were carried out from the standpoint of persons with disabilities who were deemed to be "a life that should not exist," and this ideological stance was established.
★ Since then, protest campaigns against the Eugenic Protection Law (renamed as the Maternal Protection Law in 1995), which helped encourage abortion of babies with disabilities, were carried out. Also, moves to acquire the right to transport, to struggle against public administrations in various places were done. Moreover, through this process, "independent persons with disabilities" emerged, meaning that persons with severe disabilities who need full attendance became independent by renting apartment houses in their communities with the help of 24-hour personal assistance (1975). And the movements for enrollment of children with disabilities in nursery schools and ordinary schools also became more active.
● End of 1960's～ Moves to accuse and denounce discrimination of persons with disabilities progressed.
- Battle against Fuchu Rehabilitation Center for Persons with Severe Disabilities, Araki class action, etc.
1970 – Kanagawa Aoishiba-no-Kai criticized the move towards leniency in the commutation of punishment in the killing of a child with a disability
Awareness of being persons with disabilities who were deemed to be "a life that should not exist" came to the fore, and so their voices started to be heard.
1974 – Start of the Tokyo Metropolitan Attendant Dispatch Service for Persons with Cerebral Palsy (later referred to as the Attendant Dispatch Service for Persons with Systemic Disabilities)
1976 – Formation of Zenshoren (National Liaison Conference of the Liberation Movement for Persons with Disabilities)
1979 – Special school for children with disabilities became part of compulsory education – Protest campaigns against this move spread on a nationwide scale in 1978.
As we look at the above-mentioned movements in the 1970's, please note that the concepts of "normalization" and "independent living" which we hear about every now and then did not come about suddenly, but they emerged out of the struggles of persons with disabilities against isolation and discrimination. Please note also the opposing factors that brought about these concepts.
| Rehabilitation Paradigm | Independent Living Paradigm | |
|---|---|---|
| Definition of problem | Physical impairment / lack of vocational skill | Dependence upon professionals, family members and others |
| Focus of problem | In the individual | In the environment; in the rehabilitation process |
| Solution to the problem | Professional intervention by doctors, physical therapists, vocational rehabilitation counselors, etc. | Peer counseling, consumer self-control with self-help, barrier removal |
| Social role | Patient / client | Individual with a disability |
| Who controls | Professional | Individual with a disability |
| Desired outcomes | Maximum ADL | Independent living |
(Gerben DeJong : Independent Living, From Social Movement to Analytic Paradigm, Dec. 1979)
1980's : International Year of Disabled Persons, regional movements, and enhancement of grass-roots international exchanges
1981 – International Year of Disabled Persons
1982 – The Independent Living Movement in the United States was introduced. There came an increasing number of community workshops and small-scale workshops, where persons with disabilities can exist. Kyoudouren (Liaison of Joint Community Workshop)was formed.
1983 – Start of the United Nations Decade of Disabled Persons
1986 – Establishment of Disability Basic Pension System
- Japan National Assembly of Disabled Peoples' International (DPI-Japan) was organized. Human Care Association (Hachioji, Tokyo), the first full-fledged Independent Living center in Japan, was established.
1986 – Protest campaign against taxing institutions for persons with disabilities became strong. Around this time the movement toward group homes started at the local government level.
In Osaka the Attendant Care Security System (=Attendant Dispatch Service for Persons with Systemic Disabilities) based on the right of persons with disabilities to make choices began (following Tokyo, then the system spread around major cities designated by government ordinance).
1987 – Mid-year review of the United Nations Decade of Disabled Persons
1988 – At the RI (Rehabilitation International) conference held at Shinjuku, Tokyo in 1988, we appealed to "get out of the control of specialists." Then, we assembled for the international solidarity movement of persons with disabilities and a rally calling for accessible transportation. (Hereafter, activities for accessible transportation became an annual event which became large-scale with the participation of 3,000 people nationwide.)
1989 – Group Home System for Persons with Intellectual Disabilities (national government) ; Osaka City Group Home System for Persons with Severe Disabilities
- Ministry of Health and Welfare established the "Gold Plan" which stipulates policy objectives for the next ten years concerning the elderly.
1990's: Impact of ADA; further development of the movement towards the foundation of comfortable living environments for persons with disabilities, People First movement, etc.
1990 – The ADA (Americans with Disabilities Act) was passed. It was the result of a movement by a network of tens of thousands of people who participated from all over the U.S.
Revision of eight laws related to social welfare – the Home Attendant Service became a legal service.
1991 – The members of People First, a movement by persons with intellectual disabilities, visited Japan from the United States.
Osaka City and other bus companies introduced passenger buses with lifts.
Home-help service operation manual; "365 day-/24 hour- service"
1992 – Final year of the "United Nations Decade of Disabled Persons"; international symposia at nearly 20 places in Japan
In Osaka Prefecture an "Ordinance for the foundation of comfortable living environments for persons with disabilities" was enacted for the first time in Japan (followed by all the other prefectures)
A Guide Helper System for Persons with Intellectual Disabilities was begun in Osaka City.
1993 – Enactment of the Basic Law for Persons with Disabilities. "Persons with psychiatric disabilities" is included in the definition of the term "disabilities". "Independence and social participation" are alsob mentioned. Osaka Psychiatric Human Rights Center, an NPO, accused and investigated Yamatogawa Hospital (leading to the hospital's closure in 1997).
1995 – The National Government formulated the Plan for Persons with Disabilities (a 7-year strategy to promote normalization).
1997 – Osaka City Support Plan for Persons with Disabilities The description of independent living centers is clearly indicated in the plan.
Violation of human rights such as the Shirakawa Ikusei-en Incident occurred one after another. → Discussion on basic social welfare structural reform
2000 – Enactment of the Barrier-Free Transportation Law. Revision of the eight laws including the Social Welfare Law. Enactment and enforcement of the Nursing Care Insurance Law.
2002 – The DPI World Assembly was held in Sapporo with the participation of more than 3,000 people from 110 countries and regions.
2003 – There were protest activities for two weeks regarding the transfer of revenues for counseling services to a general account, and the issue of capping for home care service. The Assistance Benefit Supply System began.
2004 ～ present – Integration with the Nursing Care Insurance was discussed. In autumn the "Grand Design of Health and Welfare for Persons with Disabilities" was introduced. – Movement towards the Law concerning Self-reliance Support for Persons with Disabilities. Unprecedented participation in the movement of persons with disabilities as seen in a rally to the Diet with the participation of 11,000 people.
※ As mentioned earlier, in Japan persons with disabilities emerged as the subjects of social movements in the 1970's. The International Year of Disabled Persons in the 1980's helped disseminate the idea of normalization. However, please note that it was only in the 1990's when the support of community life/independent living in the actual systems and services started, and the gap between concept and reality is still very large and solutions are still being called for.
