*Outline and aim of Law for Supporting Independence
Leadership Development Course 2009
(1) Outline of Law for Supporting Independence
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･ Significance presented by the government is (1) to establish a system common among three disability categories: physical, intellectual and mental; and (2) to consider the expense for home care service as obligatory expenditure and clarify the government's financial responsibility.
･ This law changes many things, but the major points are the following three.
- 1) The method of service supply being decided by the examination panel, according to disability degree classification based on the standards according to Long-term Care Insurance
- 2) To make the co-payment rate 10% in principle regardless of income, in proportion to welfare service and medical care received.
- 3) To reorganize the service system into three types: attendant care, training supply, and community life support.
･ “Independence” theory presented in “Law for Supporting Independence” - “Independent living / social life according to abilities and aptitude of persons with disabilities.” Contradiction with normalization that has been presented in the past though not in a perfect way.
(2) Aims of “Law for Supporting Independence”
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1) Reasons for fast and sloppy discussion / bill preparation
Discussion proceeded hastily and the bill was prepared in only four months from the announcement of Grand Design in October 2004, which was unusually speedy and reckless even among Japanese legal system discussions. The reason was to be in time for discussion on review of Long-term Care Insurance, in addition to handling the immediate revenue shortage.
2) Two aims of “Law for Supporting Independence”
- To make the system controllable by the government (examination panel method), and to restrict service supply (co-payment according to benefit received), as the immediate goals
- System design anticipating future “integration with Long-term Care Insurance” Standards according to certification of long-term care need and the examination panel Introduction of co-payment in proportion to benefit received (according to Long-term Care Insurance) Exclusion of assistance in transportation (that is not included in the services of Long-term Care Insurance), in principle, from individual benefits
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.
[Profile : Koji ONOUE]
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I was born in Osaka in 1960. After spending elementary school years in a special school/institution for children with disabilities, I attended ordinary junior and senior high schools. Upon entering Osaka City University in 1978, I joined afterschool activity, which discussed about the issues of persons with disabilities (PWDs). And it prompted me to begin work on the independent living movement for persons with disabilities.
I was actively involved in the introduction of buses with lifts which started to be operated in Osaka City for the first time in Japan in 1991. I was also active in the movement towards the enactment of an “Ordinance for the foundation of comfortable living environments for persons with disabilities” in Osaka Prefecture, which was enacted in autumn of 1992. In the RI (Rehabilitation International) conference I participated in the demonstration for accessible transportation and worked as staff of the assembly for international solidarity. I took part in DPI's actions towards accessible transportation as staff. After the earthquake in 1995, I worked on the rescue operation with the help of PWDs themselves as a member of the PWD rescue headquarters. I voiced my opinion as an unsworn witness in the Diet when the Barrier-Free Transportation Law was enacted in April 2000. I went all over Japan to attend regional assemblies to prepare for the DPI World Assembly which was held in Sapporo City in 2002. I voiced my opinion as an unsworn witness for Law for Supporting Independence of Persons with Disabilities in an ordinary Diet in 2005 and an extraordinary session of the Diet in 2006.
Currently, I hold positions as a navigation committee member of the Independent Living Center, a permanent committee member of Peer Osaka, and the Secretary-General of DPI (Disabled People's International) Japan.
