2. Development of the independent living movement and postwar policies for persons with
disabilities
Leadership Development Course 2009
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 (Refer to Material 2)
★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. |
|---|---|
| 1973 | Formation of Zenkoku (nationwide) Aoishiba-no-Kai - Start of the “Go-out-to-town-like-a-breeze movement” (Movement of going outside the home) |
| 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.
* Transition from the medical model to the independent living model
In the past, the dominant ideas were that “to be able to perform daily necessary activities
independently” meant “independence in ADL” and that “to earn money by
acquiring skills” meant “vocational independence.” These ideas are common in
lacking a perspective of considering disabilities in a relationship with the environment and aiming
to adapt persons with disabilities to the current society.
Such a “social adaptation theory” led to creation of institutions and schools only
for persons with disabilities and isolating them from the society. Also, persons with disabilities
have been forced to play a passive role as “subject of treatment / training” or
“subject of protection,” and not considered as beings with subjective intention.
Initiative role is played by so-called specialists, such as doctors. Therefore, the above-mentioned
views of independence are also referred to as a “medical model” or
“rehabilitation model.”
On the other hand, new views of independence, such as “independent living” and “independence in the community” have been advocated in the movement by persons with disabilities themselves and efforts have been made toward their realization since the 1970s.
- “Self-determination” - Persons with disabilities themselves decide where they live, what kind of life they want to have, etc., on their own will, and take control over their life.
- Establishment of “life in the community” instead of protection / isolation -- Persons with disabilities being protected / isolated from the society is not a normal situation. Furthermore, it is very difficult to realize self-determination by persons with disabilities in such a situation. The goal is to establish life in the community, shifting from such protection / isolation.
- Reform of society, such as establishment of systems, social resources, etc., in order to realize “independent living” and “independence in the community,” and elimination of discriminative consciousness and attitude toward persons with disabilities (Normalization means to reform a society that excludes persons with disabilities into a normal form -- society that includes them.)
Such a view of independence, which originated from review of the “medical model” and the “rehabilitation model,” as a concept that opposes the models, is called the “independent living model.” This view of independence has become dominant internationally mainly in Western countries. Also in Japan, the view has steadily been established among citizens, as the idea of normalization has spread since the International Year of Disabled Persons and the independent living movement has progressed.
“Rehabilitation Paradigm and Independent Living Paradigm”
| 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. Formation of the Japan Council on Independent Living Centers (JIL), which is a national organization of independent living centers. |
| 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 mental disabilities” is included in the definition of the term “disabilities”. “Independence and social participation” are also mentioned. Osaka Psychiatric Human Rights Center, an NPO, accused and investigated Yamatogawa Hospital (leading to the hospital’s closure in 1997). In Tachikawa city in Tokyo and other areas, 24-hour personal assistant service began to be offered. |
| 1995 | The National Government formulated the Plan for Persons with Disabilities (a 7-year strategy to promote normalization). |
| 1996 | Municipality living support service (counseling service) began. In some regions, outsourcing to private independent living centers started – Material 3 |
| 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 Long-term 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. Japan Disability Forum (JDF) promoted the UN Convention on the Rights of Persons with Disabilities. Mr. Higashi, an attorney with a disability himself, became an advisor of the Japanese Governmental Delegation to the human rights convention. |
2004 ～ present - Establishment of Law for Supporting Independence of Persons with Disabilities and enhanced morale of the movement of persons with disabilities
| 2004 | |
|---|---|
| January | “Inauguration of the attendant care system reform headquarters” |
| June | Moved toward the direction of revising Long-term Care Insurance to center on “prevention benefit.” Disabled People's International (DPI), Japan Council of Independent Living Centers (JIL), and other organization of persons with disabilities, became a promoter, and formed a “national large-scale event to seek realization of establishment of disabled persons' community life.” National event opposing to “fast and sloppy integration into Long-term Care Insurance = merger” (1,200 persons) |
| October | The Ministry of Health, Labor and Welfare announced the “future direction of health and welfare measures for persons with disabilities (Grand Design of Reform).” |
| 2005 | |
| February 14 |
The bill of the “Law for Supporting Independence of Persons with Disabilities” based
on the Grand Design was presented to the Diet. Action protesting against “presentation of the bill of Law for Supporting Independence, without involvement by persons with disabilities themselves” and demonstration for petition to the Diet (2,000 persons) |
| May 11 | Demonstration for petition to the Diet and rally (almost 9,000 persons in total), in response to start of deliberation on the bill of Law for Supporting Independence of Persons with Disabilities |
| July 5 | Demonstration for petition to the Diet (11,000 persons), asserting that “the current bill of Law for Supporting Independence of Persons with Disabilities will not lead to disabled persons' independence!” |
| August 8 | “The bill of Law for Supporting Independence of Persons with Disabilities” was withdrawn along with dismissal of the Lower House. |
| September |
In the Lower House election, the Democratic Liberal Party had a clear victory. “The bill of Law for Supporting Independence of Persons with Disabilities” was presented again (September 30). Despite the actions for an appeal, sit-in protest, etc., near the Diet for consecutive days, the Upper House voted for the bill on October 14, and the Lower House voted for the bill on October 31 – the Law was established. |
| 2006 | |
| April | “Law for Supporting Independence of Persons with Disabilities” was enforced. The rate of co-payment by disabled persons for the cost of their welfare service / medical care became 10% in principle. |
| October | Changed to the method of benefit being decided according to disability degree classification by the municipality examination panel. With the slogan of “Start all over again! Law for Supporting Independence of Persons with Disabilities,” 15,000 persons rallied and a demonstration march occurred. |
| December | Government party announced “special measures” as pressed by 15,000 persons' actions. | 2007 |
| April | “Special measures” were implemented. For example, the upper limit of co-payment was reduced to a quarter of the initial limit. |
| October | 6,500 persons rallied, seeking a drastic revision of “Law for Supporting Independence of Persons with Disabilities.” All political parties attended. |
| December | Government party announced “urgent measures.” Changed the range of co-payment from a household to a person with a disability himself. The upper limit of co-payment was reduced from one eighth at the start of the system to one tenth. |
| 2008 | |
| July | Co-payment was revised (95% of users now pay between 1,500 to 3,000 yen). |
| October | 6,500 persons rallied, seeking a drastic revision of the “Law for Supporting Independence of Persons with Disabilities.” All political parties attended. Demonstration for petition to the Diet occurred. Government ruling party at that time also began to mention the “revision of the Law for Supporting Independence of Persons with Disabilities.” |
| 2009 | |
| March | Government ruling party at that time presented to the Diet the bill to revise the “Law for Supporting Independence of Persons with Disabilities. ”(To be precise, the bill was for partial revision; the bill was abandoned in July) |
| September | The administration changed - as the new government's policy agreement item, “abolition of the Law for Supporting Independence of Persons with Disabilities - establishment of the Law for General Welfare for Persons with Disabilities” was stipulated. |
