Timeline of disability rights in Japan

This disability rights timeline lists events relating to the civil rights of people with disabilities in Japan, including court decisions, the passage of legislation, activists' actions, significant abuses of people with disabilities, and the founding of various organizations. Although the disability rights movement itself began in the 1960s, advocacy for the rights of people with disabilities started much earlier and continues to the present.

1940s

  • 1940 – The Race Eugenic Protection Law of Japan was submitted from 1934 to 1938 to the Diet. After four amendments, this draft was promulgated as a National Eugenic Law (ja:国民優生法, Kokumin Yusei Hō) in 1940 by the Konoegovernment.[1] This law limited compulsory sterilization to "inherited mental disease", promoted genetic screening and restricted birth control access. According to Matsubara Yoko, from 1940 to 1945, 454 people were sterilized in Japan under this law.[2]
  • 1947 – The School Education Law (Law No. 26) was enacted, providing education for disabled children such as general classes, special classes, non-residential classes, special schools and itinerant teaching, etc.[3]
  • 1947 – The Workmen's Accident Compensation Insurance Law (Law No. 50) was enacted, providing disability pension and disability lump-sum payments, as well as welfare services such as special allowance, medical services, health care, supply of prosthetic appliance, etc.[3]
  • 1947 – The Mail Law (Law No. 165) was enacted, providing that postage for Braille paper and recorded mail for visually impaired persons are free of charge, and parcels for disabled people can be mailed at half the cost. The postage for periodicals published by disabled person groups can be mailed at a small charge.[3]
  • 1948 – According to the Eugenic Protection Law (enacted in 1948), sterilization could be enforced on criminals "with genetic predisposition to commit crime", patients with genetic diseases including mild ones such as total color-blindness, hemophilia, albinism and ichthyosis, and mental affections such as schizophrenia, manic-depression possibly deemed occurrent in their opposition and epilepsy.[4] The mental sicknesses were added in 1952. The provisions also allowed for the surgical sterilization of women, when the woman, her spouse, or family member within the 4th degree of kinship had a serious genetic disorder, and where pregnancy would endanger the life of the woman. The operation required consent of the woman, her spouse and the approval of the Prefectural Eugenic Protection Council.[5] The law also allowed for abortion for pregnancies in the cases of rape, leprosy, hereditary-transmitted disease, or if the physician determined that the fetus would not be viable outside of the womb. Again, the consent of the woman and her spouse were necessary. Despite the unambiguous wording of the law, the law was used by local authorities as justification for measures enforcing forced sterilization and abortions upon people with certain genetic disorders, as well as leprosy, as well as an excuse for legalized discrimination against people with physical and intellectual disabilities.[6] In 1996, this law was replaced by the Maternity Protection Law, which eliminated the provision based on eugenics.[7] In July 2024, the Supreme Court of Japan ruled that the Eugenic Protection Law was unconstitutional, and eliminated the 20-year statute of limitations for those affected by the law.[8][9]
  • 1949 – The Law for the Welfare of Physically Disabled Persons (Law No. 283) was enacted, providing the issuing of a "physically disabled persons' handbook", various counseling services, a grant of prosthetic appliances such as wheelchairs, canes, hearing aids and artificial limbs, technical aids for daily living such as bathtubs, toilet facility, beds and communication aids (e. g. talking machines and word processors), rehabilitation training, services necessary for participation in society such as sign language interpreter, translation Braille, guide helper and modification of motor vehicles, work opportunities, specialized facilities for nursing care, and living places.[3]

1950s

  • 1950 – The Inheritance Tax Law (Law No. 73) was enacted, reducing inheritance tax in the case of disabled persons' heir. Up to 70 years of age – ¥60,000 per year (¥120,000 for specified disabled persons.)[10]
  • 1950 – The Local Tax Law (Law No. 226) was enacted, reducing Local Resident Tax for disabled persons with annual incomes of ¥1,250,000 or less, who get a tax exemption. The Local Resident Tax exemption amounts are as follows: Specified disabled persons – ¥280,000 Other disabled persons – ¥260,000 There are cases of reduction or exemption from automobile taxes, light mobile taxes and automobile purchase taxes.[10]
  • 1950 – The Daily Life Security Law (Law No. 144) was enacted, providing families who have difficulties in daily life because of their low income with Public Assistance Benefit to ensure the minimum standard of living, and establishing a system of supplemental allowance for disabled persons according to the condition of disability.[10]
  • 1950 – The Public Housing Law (Law No. 193) was enacted, providing that when living in public housing, disabled persons are given special consideration. There is a standard for a larger living space for families with persons with disabilities. In addition, local public entities give priority in providing public housing to disabled persons and lowering the rent.[10]
  • 1954 – The Employees' Pension Law (Law No. 115) was enacted, providing that: According to the degree of the insured disability, Employee Disability Pension and Disability Allowance (a one time lump sum for minimal disabilities) are paid.[10]
  • 1957 – The Special Measures Act concerning Temporary Taxation (Law No. 26) was enacted, providing that regarding the Income Tax Law of 1965 (see below), those living severely disabled persons may get supplemental allowance. Supplemental allowance – ¥300,000[10]
  • 1959 – The National Pension Law (Law No. 1412) was enacted, providing that: There is the Basic Disability Pension, which is granted after having joined the insurance program (Case A) or when a certain degree of disability has occurred prior to the age of 20 years (Case B). In the latter case; however, there is an income limitation. 1st grade – ¥981,900 (¥81,825 per month, 1997) 2nd grade – ¥785,490 (¥65,458 per month, 1997) These grades are different from the degrees indicated in the physically disabled person's handbook.[10]

1960s

  • 1960 – The Law for Employment Promotion, etc. of the Disabled Persons (Law No. 123) was enacted, providing:

(1) The Quota System: General employers including the government and municipal offices are obligated to employ disabled workers in excess of the quota. The legal quota was: Governmental bodies – 2. 0% (Non-clerical – 1. 9%) Private enterprises – 1. 6% (Specialized juridical person – 1. 9%) The quota was changed in 1998 as follows: Governmental bodies – 2. 1% (Non-clerical – 1. 9%) Private enterprises – 1. 8% (Specialized juridical person – 2. 1%) This ratio does not include mentally ill persons. Employers are obligated to report the number of disabled workers they employ to the head of the Public Employment Security Office annually. This office may announce to the public the names of enterprises who fail to meet the quota and request them to draw up plan for employment of disabled persons to meet the quota.

(2) The Levy and Grant System: This system works by collecting levy from those enterprises that fail to achieve the quota of disabled workers. The funds created by the levy system are used to encourage employers who employ disabled persons above the quota and to promote disabled workers' employment and improve working conditions. Collection of Levies: ¥50,000 a month per person (with more than 300 full-time employees.) Payment of Adjustment Allowance: ¥25,000 per month per person will be paid to the employers who employ disabled workers more than the legal quota (with more than 300 full-time employees). Payment of Rewards: ¥17,000 per month per person will be paid to the employers who employ disabled workers in excess of the fixed number (with less than 300 full-time employees). Payment of Grants: For establishment of work facilities, special employment management, vocational adjustment, ability development, etc. to promote such employment.

(3) Public Vocational Training Allowance for disabled persons and a loan system of funds for purchasing of technical aids and equipments.[3]

  • 1960 – The Law for the Welfare of Mentally Retarded Persons (Law No. 37) was enacted, which provided specialized counseling provided by Social Welfare Offices and Rehabilitation Consultation Centers, training for independent life, in-house services such as home helper, day care and short stay programs, etc., technical aids for daily living such as electric toothbrush and special type mat, etc., living space such as welfare homes and group homes, etc., and specialized facilities to help daily life such as residential facilities for rehabilitation, nonresidential facilities and so on.[3]
  • 1960 – The Road Traffic Law (Law No. 105) was enacted, which provided safe transportation for visually impaired persons. Sighted persons are prohibited to walk with a white or yellow cane, and to walk with a guide dog.[3]
  • 1964 – The Special Child Rearing Allowance Law (Law No. 134) was enacted, which provided – Special Allowance for Disabled Persons: Provided to those 20 years of age and over with degrees of disability requiring special care and attention in daily life due to serious disability either mental or physical. ¥26,230 per month with income limitation (1997). Special Child Rearing Allowance: Granted to parents or guardians of children, under 20 years of age with moderate/severe disability. ¥50,350 per month for those with severe disability (1997). ¥33,530 per month for those with moderate disability (1997). Welfare Allowance for Disabled Children: ¥14,270 per month is granted to children with severe disabilities.[10]
  • 1965 – The Income Tax Law (Law No. 33) was enacted, which exempted taxpayers with disability or who have a disabled family member from income tax. The exemptions are as follows: Specified disabled persons, that is (a) Grade 1 or 2 in a physically disabled person's handbook or (b) Severe level in a handbook for people with mental retardation – ¥350,000 Disabled persons other than above – ¥270,000[10]
  • 1966 – The Employment Countermeasures Law (Law No. 132) was enacted, which provided measures to improve vocational training for people with disabilities and assist them to find employment, vocational training facilities and improvement of training contents, training of guidance workers and the enhancement of their quality, the supply of an allowance for adjustment training, and the supply of a training allowance to employers.[10]
  • 1969 – The Human Resources Development Promotion Law (Law No. 64) was enacted, which established Vocational Ability Development Centers for Disabled Persons.[10]

1970s

  • 1970 – The Disabled Persons' Fundamental Law (Law No. 84; major revision in 1993) was enacted. It includes:

"Article 2 (Definition): "Disabled persons" as used in this Law means persons whose daily life or life in society is substantially limited over the long term due to a physical disability, mental retardation or mental disability.

Article 3 (Fundamental Principles): The dignity of all disabled persons shall be respected. They shall have the right to be treated accordingly. All disabled persons shall, as members of society, be provided with opportunities to fully participate in such a manner.

Article 4 (Responsibilities of the State and Local Public Entities): The State and local public bodies shall be responsible for promoting the welfare of disabled persons and for preventing disabilities.

Article 5 (Responsibilities of the Nation): The nation shall, on the basis of the principle of social solidarity, endeavor to cooperate in promoting the welfare of disabled persons.

Article 6 (Efforts to Achieve Independence): Disabled persons shall endeavor to participate actively in social and economic activities by making effective use of the abilities they possess. The family members of disabled persons shall endeavor to promote independence of disabled persons.

Article 6-2 (Disabled Persons' Day): Disabled Persons' Day shall be established for the purpose of raising the public awareness to the welfare of disabled persons and stimulating disabled persons' desire to actively participate in social, economic, cultural and other areas of activity.

Article 7 (Fundamental Policies): The measures regarding the welfare of disabled persons shall be carried out according to their age and to the types and severity of disabilities."

There are other fundamental principles in this law regarding programs for persons with disability covering the State, Metropolitan and prefectural governments, and cities, towns and villages; as well as those regarding medicine, education, employment, pension, housing, public facilities, information, culture, sports, etc. The total number of the Articles of this law is 29.[3][11]

  • 1970 – Disability activist Hiroshi Yokota (a member of Aoi Shiba no Kai) published the declaration of activity, "We Act Like This," in their journal Ayumi in 1970. It stated in full (with asterisks before each point replaced by dashes for clarity),

"- We identify ourselves as people with Cerebral Palsy (CP). We recognize our position as 'an existence which should not exist,' in the modern society. We believe that this recognition should be the starting point of our whole movement, and we act on this belief.

– We assert ourselves aggressively. When we identify ourselves as people with CP, we have a will to protect ourselves. We believe that a strong self-assertion is the only way to achieve self-protection, and we act on this belief.

– We deny love and justice. We condemn egoism held by love and justice. We believe that mutual understanding, accompanying the human observation which arises from the denial of love and justice, means the true well-being, and we act on this belief.

– We do not choose the way of problem solving. We have learnt from our personal experiences that easy solutions to problems lead to dangerous compromises. We believe that an endless confrontation is the only course of action possible for us, and we act on this belief."[12] This declaration became an epoch making event in the Japanese disability movement.[13] Later a fifth point was added, stating in full, "We deny able-bodied civilization. We recognize that modern civilization has managed to sustain itself only by excluding us, people with CP. We believe that creation of our own culture through our movement and daily life leads to the condemnation of modern civilization, and we act on this belief."[12]

1980s

  • 1984 – The Telecommunication Service Law (Law No. 86) was enacted, which ensured that disabled persons may get NTT telephone directory service for a free of charge, and persons with speech disorder may get lower fee of usage fee of public telephone through calling by credit.[3]
  • 1988 – The Consumption Tax Law (Law No. 108) was enacted, which exempted items for disabled persons (e. g. prosthesis, cane, artificial eyes, Braille writer and wheelchair) from consumption tax.[10]

1990s

  • 1993 – The Law for Promoting Businesses that Facilitate the Use of Communications and Broadcast Services by the Physically Disabled Persons (Law No. 54) was enacted, which promoted services to make media like telecommunications and broadcast accessible to people with disabilities. For instance, it provided subsidies for the production of superimposed television programs or those with narrations explaining the action.[3]
  • 1994 – The Law for Buildings Accessible to and Usable by the Elderly and Physically Disabled Persons (Law No. 44) was enacted. It aims to build public buildings which meet the needs of people with disabilities. It is also called the "Heartful Building Law."[10]
  • 1994 – Since 1994, Japanese law requires buildings exceeding floor area of 2,000 square metres (22,000 sq ft) to install and maintain tactile pavings near stairs, ramps, escalators and major pathway.[14] Schools, hospitals, theatres, arenas, community centre, exhibition halls, department stores, hotels, office, multidwelling units or senior homes with floor space less than 2,000 square metres (22,000 sq ft) must spend reasonable effort to install and maintain tactile pavings inside the building, but not required. The original law was replaced by another law in 2006 with wider scope including outdoor areas.[15]
  • 1996 – The Eugenic Protection Law in Japan was replaced by the Maternity Protection Law, which eliminated the provision based on eugenics.[7]

2000s

  • 2002 - The Act on Assistance Dogs for Physically Disabled Persons was issued in 2002. The stated goal of this act was to improve the quality of "assistance dogs for physically disabled persons" and expand the use of public facilities by physically disabled people.[16] Assistance dogs are classified as either guide dogs, hearing dogs, or service dogs. Public transportation, public facilities, offices of public organization, and private businesses of 50 or more people are required to accept assistance dogs. Private housing and private businesses with less than 50 people are encouraged but not required to accept assistance dogs.[17]

2010s

  • 2016 - The Sagamihara stabbings were committed on 26 July 2016 in Midori Ward, Sagamihara, Kanagawa. Nineteen people were killed and 26 others were injured, 13 severely, at a care home for disabled people.[18] Previously that year, the killer, who had worked at the care home, wrote a letter saying, "I envision a world where a person with multiple disabilities can be euthanised, with an agreement from the guardians, when it is difficult for the person to carry out household and social activities."[19] He also wrote that the killings of disabled people would be "for the sake of Japan and world peace" as well as to benefit the global economy and prevent World War III.[20][21]
  • 2017 – Authorities released an official record showing that a girl was forcibly sterilized in 1972 because of her intellectual disability; an official of a civic group stated that this "must be the first disclosure in Japan of a record of an individual who underwent an eugenic sterilization operation."[22]
  • 2019 – Passing of a law promising to pay each person sterilized under the Eugenic Protection Law 3.2 million yen ($29,000) in compensation. Survivors had five years to apply for compensation, subject to approval by a board of experts.[4][23]

2020s

  • 2024: In July 2024, the Supreme Court of Japan ruled that the Eugenic Protection Law passed in 1948 was unconstitutional, and eliminated the 20-year statute of limitations for those affected by the law.[24][25]
  • 2024: Japanese Prime Minister Fumio Kishida formally apologized to 130 victims of forced sterilization under the Eugenics Protection Law passed in 1948, and approved compensation measures for at least 25,000 affected victims or their relatives.[26]

References

  1. ^ "The Eugenic Protection Law" The 107th law that Japanese Government promulgated in 1940　(国民優生法) 第二条　本法ニ於テ優生手術ト称スルハ生殖ヲ不能ナラシムル手術又ハ処置ニシテ命令ヲ以テ定ムルモノヲ謂フ, http://www.res.otemon.ac.jp/~yamamoto/be/BE_law_04.htm Archived 2014-02-05 at the Wayback Machine
  2. ^ 優生問題を考える（四）──国民優生法と優生保護法 Archived 2007-06-16 at the Wayback Machine Matsubara Yoko – Research of Eugenics problem (Professor of Ritsumeikan University, researcher of Gender-blind and Eugenics.)
  3. ^ a b c d e f g h i j "The 30 Selected Japanese Laws Related to Persons with Disabilities". Dinf.ne.jp. Retrieved 2012-11-02.
  4. ^ a b "SOSHIREN / 資料・法律−優生保護法". Soshiren.org. Retrieved 2012-07-13.
  5. ^ Sugimoto, An Introduction to Japanese Society, pp.167
  6. ^ "Former Hansen's disease patients shun return to society, survey shows". The Japan Times. May 2001. Retrieved 2007-10-19.
  7. ^ a b "Woman obtains record of forced sterilization in national first：The Asahi Shimbun". Asahi.com. Archived from the original on 2017-07-27. Retrieved 2017-07-27.
  8. ^ "Japan's top court says forced sterilisation unconstitutional". www.bbc.com. 3 July 2024.
  9. ^ Endo, Talashi (2024-07-03). "Top court rules old eugenic law unconstitutional, orders redress". www.asahi.com.
  10. ^ a b c d e f g h i j k l m "The 30 Selected Japanese Laws Related to Persons with Disabilities". Dinf.ne.jp. Retrieved 2012-11-02.
  11. ^ Lichterman, B.L. (1993). "On the history of psychosurgery in Russia". Acta Neurochirurgica. 125 (1–4): 1–4. doi:10.1007/BF01401819. PMID 8122532. S2CID 189764136.
  12. ^ a b "[Full Text] Disability Movement and Inner Eugenic Thought: A Philosophical Aspect of Independent Living and Bioethics". Lifestudies.org. 2002-02-17. Retrieved 2017-07-09.
  13. ^ USSR Ministry of Health. Приказ МЗ СССР 1003 (9 декабря 1950) [Order 1003 (9 December 1950)]. Невропатология и психиатрия [Neuropathology and Psychiatry]. 1951;20(1):17–18. Russian.
  14. ^ Lichterman, B.L. (1993). "On the history of psychosurgery in Russia". Acta Neurochirurgica. 125 (1–4): 1–4. doi:10.1007/BF01401819. PMID 8122532. S2CID 189764136.
  15. ^ USSR Ministry of Health. Приказ МЗ СССР 1003 (9 декабря 1950) [Order 1003 (9 December 1950)]. Невропатология и психиатрия [Neuropathology and Psychiatry]. 1951;20(1):17–18. Russian.
  16. ^ Lichterman, B.L. (1993). "On the history of psychosurgery in Russia". Acta Neurochirurgica. 125 (1–4): 1–4. doi:10.1007/BF01401819. PMID 8122532. S2CID 189764136.
  17. ^ "The Act on Assistance Dogs for Physically Disabled Persons" (PDF). Ministry of Health, Labour, and Welfare/Department of Health and Welfare for Persons with Disabilities Relief Division Policy Planning Division Independence Promotion Office. Retrieved October 1, 2021.
  18. ^ Grinberg, Emanuella (25 July 2016). "Japan knife attack: At least 19 dead". CNN. Retrieved 26 July 2016.
  19. ^ Lichterman, B.L. (1993). "On the history of psychosurgery in Russia". Acta Neurochirurgica. 125 (1–4): 1–4. doi:10.1007/BF01401819. PMID 8122532. S2CID 189764136.
  20. ^ Tracey, Emma (December 3, 2013). "Disability History Month: Unpacking medieval myths". BBC News. Retrieved January 5, 2018.
  21. ^ "Letter by man accused of mass stabbings carried eerie warning". Asahi Shimbun. Associated Press. 26 July 2016. Archived from the original on 26 July 2016. Retrieved 26 July 2016.
  22. ^ "Woman obtains record of forced sterilization in national first：The Asahi Shimbun". Asahi.com. Archived from the original on 2017-07-27. Retrieved 2017-07-27.
  23. ^ Lichterman, B.L. (1993). "On the history of psychosurgery in Russia". Acta Neurochirurgica. 125 (1–4): 1–4. doi:10.1007/BF01401819. PMID 8122532. S2CID 189764136.
  24. ^ "Japan's top court says forced sterilisation unconstitutional". www.bbc.com. 3 July 2024.
  25. ^ Endo, Talashi (2024-07-03). "Top court rules old eugenic law unconstitutional, orders redress". www.asahi.com.
  26. ^ Lichterman, B.L. (1993). "On the history of psychosurgery in Russia". Acta Neurochirurgica. 125 (1–4): 1–4. doi:10.1007/BF01401819. PMID 8122532. S2CID 189764136.
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