BASIC LAW ON CHALLENGED PEOPLE
As of January 16, 2019
We hereby promulgate the BASIC LAW ON MEASURES FOR MENTALLY AND PHYSICALLY HANDICAPPED PERSONS.
Hirohito
May 21, 1970
Premier Satō Eisaku
ACT NO.84
ARRANGEMENT OfSECTIONS
Chapter 1 Generality(§§ 1. to 13.)
Chapter 2 Key Measures for Support Policies(§§ 14. to 30.)
Chapter 3 Key Measures for Prevention Policies(§ 31.)
Chapter 4 The Policy Board on Challenged People(§§ 32. to 36.)
Supplementary
Chapter 1 Generality
§ 1.(Aim)
This Law is aimed at the realization of society in which all the nation live symbiotically in pursuance of a principle that they are respected as irreplaceable individuals who enjoy any fundamental human right equally without being discriminated against by reason of disabilities, regardless of the existence or nonexistence thereof, thinking much of their character and personality with one another, through the synthetic and systematic advancement of policies for challenged people’s independence, social participation and otherwise(hereinafter called “support policies”) by providing for—
(a) fundamental rules for such policies;
(b) responsibilities and the like of the State, local public entities, etc. for such policies;
(c) elemental matters that form the basis of suc hpolicies; and
(d) other necessary matters.
§ 2.(Definitions)
In this Law,—
(a) “challenged people” mean persons with a physical, intellectual, mental or developmental disability, or any other functional disorder in mind or body(hereinafter simply called a “disability”) who are in a condition in which restrictions have been considerably and continuously placed by such a disability and any social obstacle on their daily or social life.
(b) “social obstacle” means any event, system, practice, idea or any other thing to the prejudice of persons with a disability that is in existence in a society or community on the occasion when they lead their daily or social life.
§ 3.(Harmonious coexistence in communities and otherwise)
The realization of such society as prescribed in section 1. shall make it rules—
(a) To empower all challenged people to have opportunities to participate in activities in a social, economic, cultural and any other field as a constituent of the said society; and
(b) To ensure all challenged people opportunities to make a choice of—
(i) the place in which and persons with whom they lead a life without being prevented from subsisting together with other residents in the community, and
(ii) a tongue(sign language included) and any other means of communication, expanding chances of ways to obtain or use information,
to the greatest possible extent,
on the presupposition that the said people have the right to be guaranteed living fit for their dignity to which regard is to be paid as individuals who enjoy any fundamental human right equally with persons with no disability.
§ 4.(Prohibition of discrimination)
(1) No person can either give discriminatory treatment to challenged people or do any other act to violate their rights and interests by reason of disabilities.
(2) On the occasion of the removal of a social obstacle, if challenged people in need thereof are actually in existence, and the burden thereof is not too heavy, necessary and rational attention must be so paid as not to result in acting against subsection (1) due to failure thereof.
(3) The State shall collect, organize and provide information necessary for the prevention of any act against subsection (1) with an eye to enlightenment thereon and the diffusion of knowledge thereof.
§ 5.(Metropolitan coordination)
Such society as prescribed in section 1. must be realized under metropolitan coordination, now that measures to do so have close connection with efforts in the family of nations.
§ 6.(Responsibilities of the State and local public entities)
The State and any local public entity shall be responsible for advancing support policies synthetically and systematically in pursuance of such rules as provided for in sections 3.to 5.(hereinafter called “the fundamental rules”) in order to realize such society as prescribed in section 1.
§ 7.(The nation’s understanding)
The State and any local public entity must take measures necessary to enhance the nation’ sunderstanding of the fundamental rules.
§ 8.(Duties of the nation)
The nation must make efforts to contribute to the realization of such society as prescribed in section 1. in pursuance of the fundamental rules.
§ 9.(The Challenged People’s Week)
(1) The Challenged People’s Week shall be so established to encourage challenged people to participate in activities in a social, economic, cultural and any other field as well as to spread interest and understanding sounding in the fundamental rules widely among the nation.
(2) The Challenged People’s Week shall be seven days between December 3 and 9.
(3) The State and any local public entity must try to perform events fit for the tenor of the Challenged People’s Week, tying up closely with private bodies that conduct activities for challenged people’s independence, social participation and otherwise.
§ 10.(Keynotes for support policies)
(1) Support policies must be comprehensively adopted and implemented under an organic tie-up among them according to challengedpeople’s sexes, ages, disabled conditions and actual living situations.
(2) In adopting support policies, the State and any local public entity must endeavor to seek and value the opinions of challenged people and other interested persons.
§ 11.(CP Master Plan and others)
(1) The Government must form a master plan for measures for challenged people(hereinafter called a “CP Master Plan”) to advance support policies synthetically and systematically.
(2) Any prefecture must map out a standard program for measures for challenged people within its limits(hereinafter called a “prefectural program”) on the basis of the CP Master Plan, the situation of such people and what not.
(3) Any municipality must map out a standard scheme for measures for challenged people within its limits(hereinafter called a “municipal scheme”) on the basis of the CP Master Plan, the prefectural program, the situation of such people and what not.
(4) The Premier must make out a draft of a CP Master Plan after consultation with—
(a) the chief of any interested administrative organ; and
(b) the Policy Board on the Challenged People,
to ask for a cabinet decision.
(5) Any prefecture, when mapping out a prefectural program, must take counsel with such a collegiate organ as prescribed in section 36.(1).
(6) Any municipality, when mapping out a municipal scheme, must—
(a) in the case where it has such a collegiate organ as prescribed in section 36.(4), take counsel therewith; or
(b) in any other case, seek the opinions of challenged people and other interested persons.
(7) The Government, when having formed a CP Master Plan, must—
(a) make a report on the said plan to the Diet;and
(b) make an announcement of a summary of the said plan.
(8) The head of a prefecture or municipality, when a prefectural program or municipal schemed has been mapped out on the strength of subsection (2) or (3), must—
(a) make a report on the said program or scheme to the assembly; and
(b) make an announcement of a summary of the said program or scheme.
(9) The provisions of—
(a) subsections (4) and (7) shall apply correspondingly to the case where a revision is or has been made in the CP Master Plan;
(b) subsections (5) and (8) shall to the case where an alteration is or has been made in the prefectural program; and
(c) subsections (6) and (8) shall to the case where an alteration is or has been made in the municipal scheme.
§ 12.(Legislative and other moves)
The Government must make legislative and financial moves necessary to attain the aim of this Act.
§ 13.(Annual Reports)
The Government must every year submit to the Diet a report a summary of policies it has implemented for the benefit of challenged people.
Chapter 2 Key Measures for Support Policies
§ 14.(Medical services, care and otherwise)
(1) The State and any local public entity must take measures necessary to provide medical services and rehabilitation indispensable for challenged people to recover, acquire or maintain their vital functions.
(2) The State and any local public entity must promote the study, development and diffusion of such services and rehabilitation as prescribed in subsection (1).
(3) The State and any local public entity must take measures necessary to enable challenged people to receive medical services, care, health guidance, and life and other adequate support for their independence according to their sexes, ages, disabled conditions and actual living situations.
(4) The State and any local public entity must seek to bring up professional technical officials and other personnel in possession of expertise who are indispensable to take such measures as prescribed in subsections (1) and (3).
(5) In providing medical services, care and rehabilitation, the State and any local public entity must take measures necessary to enable challenged people to receive them at the nearest possible places respectively, setting a high value on their human rights.
(6) The State and any local public entity must take measures necessary for challenged people to lead a daily and social life, e.g. the delivery or loan of assistive technology and assistance dogs.
(7) The State and any local public entity must—
(a) research and develop assistive technology necessary to take such measures as prescribed in subsection (6); and
(b) train assistance dogs.
§ 15.(Pensions, etc.)
The State and any local public entity must take measures for systems of pensions, allowances, etc. useful for challenged people’s independence and secure life.
§ 16.(Education)
(1) The State and any local public entity must take measures necessary to give sufficient education to challenged people according to their age and ability, and on the basis of their characteristics, being careful that they can study with pupils with no disability as far as possible, e.g. the improvement and enhancement of its contents and methods.
(2) In order to attain any purpose under subsection (1), the State and any local public entity must provide enough information for pupils and students, and their protectors, thinking much of their desires as far as possible.
(3) The State and any local public entity must foster mutual understanding between challenged people and pupils or students with no disability through boosts to interaction and group study.
(4) With respect to education for challenged people, the State and any local public entity must accelerate investigations, the security of human resources and the improvement of their quality, the provision of adequate teaching aids, and the betterment of school facilities and other educational environments.
§ 17.(Remedial learning for independence)
(1) The State and any local public entity mus ttake measures necessary to entitle challenged people(limited to children) to carry on remedial learning for independence(ryōiku) and receive other relevant support at the closest possible places respectively.
(2) With respect to remedial learning for independence, the State and any local public entity must hasten investigations, development and diffusion, the upbringing of personnel in possession of expertise and the betterment of other environments involved therein.
§ 18.(Vocational counselling, etc. and others)
(1) In order that challenged people can follow a trade according to their ability, the State and any local public entity must—
(a) work to ensure them a variety of job opportunities; and
(b) take necessary measures, e.g. vocational counselling, guidance, training and placement that have paid attention to characteristics of each of them,
setting store by the freedom to choose their occupation.
(2) In order to ensure challenged people a variety of job opportunities, the State and any local public entity must quicken inquiries and researches touching such measures as prescribed in subsection (1)(b).
(3) The State and any local public entity must take measures necessary to expand places for challenged people’s work activities in their respective communities and facilities for their vocationa ltraining, e.g. the subsidization of required expenses.
§ 19.(Promotion of employment and others)
(1) The State and any local public entity must take measures to promote their and enterprisers’ employment of challenged people, e.g. giving priority thereto.
(2) Any enterpriser must be diligent in—
(a) guaranteeing challenged people fair job opportunities through a just evaluation of their ability; and
(b) stabilize the employment of challenged people through proper labor management in accord with characteristics of each of them.
(3) The State and any local public entity must take measures necessary for the promotion and continuation of the employment of challenged people through a reduction in economic burdens on enterprisers, e.g. the subsidization of expenses required for the construction or installation of facilities and equipment compelled by the said employment.
§ 20.(Security of dwelling houses)
In order that challenged people can live a stable life in their respective communities, the State and any local public entity must take measures necessary to—
(a) secure dwelling houses for their use; and
(b) promote the construction of dwelling houses fit for their daily life.
§ 21.(Barrier-free public facilities)
(1) In order to give support for challenged people’s independence and social participation, the State and any local public entity must with respect to their office buildings, and traffic and other public facilities(in this section, including vehicles, ships, aircraft and other mobile arrangements) go ahead with such systematic perfection of the structure and equipment thereof as facilitate their smooth use.
(2) Any enterpriser that has established traffic and other public facilities must strain to go ahead with such systematic perfection of the structure and equipment thereof as facilitate their smooth use.
(3) The State and any local public entity must take measures necessary for the synthetic and systematic implementation of perfection under subsections (1) and (2).
(4) The State, and any local public entity and enterpriser must provide convenience for the accompaniment of assistance dogs that help challenged people using public facilities they have established by themselves.
§ 22.(Barrier-free utilization of information and others)
(1) The State and any local public entity mus ttake measures necessary to enable challenged people to acquire and utilize information smoothly, to make a declaration of their intention and to communicate with other persons, e.g. the diffusion of computers(relevant devices included) and other equipment for informational communication that are easy for them to use, the expansion of their convenience for the employment of telecommunications and broadcasting services, the construction of facilities to afford them intelligence, and the training and dispatch of persons who mediate in interaction therewith.
(2) The State and any local public entity must take necessary measures that make it possible to transmit to challenged people information indispensable for the security of their safety promptly and accurately in case of disaster or any other emergency, being most careful that convenience can be provided therefor for their utilization in computerizing administration and in forwarding the practical use of information and communication technologies in public fields.
(3) Any enterpriser that offers, affords or manufactures such services, intelligence or equipment as prescribed in subsection (1) must labor to provide convenience for challenged people’s employment or use thereof in doing so.
§ 23.(Consultations and otherwise)
(1) The State and any local public entity must secure the adequate provision or implementation and widespread use of consultation services to challenged people, their families and other interested persons, the adult guardianship system, and other institutions or policies to protect their rights and interests, paying attention to support for their decision-making.
(2) In order to make it possible to accept various kinds of consultations comprehensively from challenged people, their families and other interested persons, the State and any local public entity shall—
(a) construct required setups therefor under an organic tie-up among relevant organs; and
(b) assist the said families justly in activities to support one another and what not.
§ 24.(Reduction in economic burdens)
The State and anylocal public entity must take taxation and other measures necessary to reduce economic burdens on challenged people and persons who sustain them or to encourage their independence, e.g. the remission of fees for the use of public facilities.
§ 25.(Improvement of cultural conditions and otherwise)
The State and any local public entity must take measures necessary to empower challenged people to do artistic, cultural, sports or recreation activities smoothly, e.g. the improvement of facilities, equipment and other sundry conditions, the subsidization of such activities, etc.
§ 26.(Disaster and crime prevention)
In order that challenged people can live a life safely and at ease in their respective communities, the State and any local public entity must take measures necessary for disaster and crime prevention according to their sexes, ages, disable conditions and actual living situations.
§ 27.(Protection of challenged people as consumers)
(1) The State and any local public entity must take measures necessary to protect and expand the interests of challenged people as consumers, e.g. the provision of information in suitable ways.
(2) In order that the interests of challenged people as consumers can be protected and expanded, any enterpriser must be intent on the provision of information in suitable ways and so on.
§ 28.(Attention to elections and so forth)
The State and any local public entity must take measures necessary to entitle challenged people to vote smoothly on the occasion of such elections, popular reviews and referendums as held on the ground of laws or bylaws, e.g. the betterment of polling facilities and their equipment.
§ 29.(Attention to judicial proceedings and otherwise)
The State and any local public entity must take measures necessary to entitle challenged people—
(a) who are targets of criminal procedure, juvenile custody cases and other similar proceedings; or
(b) who are parties or other interested persons in civil, domestic or administrative cases pending in the courts,
to exercise their rights smoothly, e.g. the trainingof relevant officials, paying attention to the security of means of communication in accord with characteristics of each of them.
§ 30.(Metropolitan coordination)
The State shall striveto take measures necessary to advance support policies under metropolitan coordination, e.g. the exchange of information with foreign governments, international organizations and interested bodies.
Chapter 3 Key Measures for Prevention Policies
§ 31.(1) The State and any local public entity must promote inquires and researches touching injuries and diseases causing disabilities and their prevention.
(2) The State and any local public entity must take measures necessary to advance policies for the prevention of injuries and diseases causing disabilities(in this chapter called “prevention policies), e.g. the diffusion of essential knowledge, the build up of fitness moves such as maters and kids’ health, and boosts to the early detection and treatment of such injuries and diseases.
(3) The State and any local public entity, taking it into consideration that it is difficult to prevent or treat incurable diseases and the like that cause disabilities, must endeavor to—
(a) promote inquiries and researches touching such diseases and the like; and
(b) accelerate measures for challenged people affected with such diseases or the like finely.
Chapter 4 The Policy Board on Challenged People
§ 32.(Establishment)
(1) The Policy Board on Challenged People(hereinafte rcalled “the Policy Board”) shall be established in the Cabinet Office.
(2) The Policy Board shall—
(a) render its opinion on a CP Master Plan on the ground of subsection (4)(including a case governed by subsection (9)) of section 11.;
(b) make deliberations about such a matter as specified in paragraph (a) to render its opinion to the Premier or any interested Minister when thinking it vital;
(c) supervise the situation of the enforcement of the CP Master Plan to make recommendations to the Premier or any interested Minister by way thereof; and
(d) deal with matters belonging to its powers on the ground of the Act to Advance the Elimination of Discrimination Based on Handicap(2013 act No.65).
(3) The Premier or any interested Minister must make to the Policy Board a report on measures he has taken on the basis of sucha recommendation as provided by subsection (2)(c).
§ 33.(Organization and steering)
(1) The Policy Board shall be organized by not more than thirty members.
(2) Every member of the Policy Board shall be appointed by the Premier from among—
(a) challenged people;
(b) persons engaged in activities for challenged people’s independence and social participation; and
(c) persons of learning and experience.
In this case, the Premier must be careful about the composition of its members so that it can make deliberations on the basis of the opinions and actual situations of a variety of challenged people.
(3) Every member of the Policy Board shall be a part-timer.
§ 34.(1) The Policy Board may ask the chief of any interested administrative organ for materials, opinions, explanations and other essential cooperation when thinking it necessary with a view to conduct affairs over which it has jurisdiction.
(2) The Policy Board may also make a request for essential cooperation to any person other than such ones as prescribed in subsection (1) when thinking it necessary in particular with a view to conduct affairs over which it has jurisdiction.
§ 35, Matters necessary for the organization and steering of the Policy Board, in addition to such ones as provided for in sections 33. and 34., shall be laid down in cabinet orders.
§ 36.(Prefectural and municipal collegiate organs)
(1) Any prefecture(in this section, including a designated city under Art.252-19.(1) of the Local Government Act(1947 actNo.67)) shall have a council or any other collegiate organ to—
(a) deal with such a matter as prescribed in subsection (5)(including a case governed by subsection(9)) of section 11. in terms of the prefectural program;
(b) make deliberations about matters necessary for—
(i) the synthetic and systematic acceleration of measures for challenged people within its limits, and
(ii) liaisons and adjustments among interested administrative organs for the purpose of the said advancement; and
(c) supervise the situation of the enforcement of such measures.
(2) Attention must be paid to the composition of the members of a collegiate organ under subsection (1) so that it can make deliberations on the basis of the opinions and actual situations of a variety of challenged people.
(3) Matters necessary for the organization and steering of a collegiate organ under subsection (1), in addition to such a one as prescribed in subsection (2), shall be provided for in the prefecture’s bylaw.
(4) Any municipality(a designated city excepted) may have a council or any other collegiate organ to—
(a) deal with such a matter as prescribed in subsection (6)(including a case governed by subsection(9)) of section 11. in terms of the municipal scheme;
(b) make deliberations about matters necessary for—
(i) the synthetic and systematic acceleration of measures for challenged people within its limits, and
(ii) liaisons and adjustments among interested administrative organs for the purpose of the said advancement; and
(c) supervise the situation of the enforcement of such measures,
as provided for in its by law.
(5) Subsections (2) and (3) shall apply correspondingly to the case where a collegiate organ has been established by virtue of subsection (4).
Supplementary(Extract)
1. Date of enforcement
This Law shall comeinto force from the time of its promulgation.
Premier | Satō Eisaku |
Chancellor of the Exchequer | Fukuda Takeo |
Minister of Art and Science | Sakata Michita |
Minister of Health and Welfare | Uchida Tsuneo |
Minister of Transportation | Hashimoto Tomisaburō |
Minister of Labor | Nohara Masakatsu |
Minister of Construction | Nemoto Ryūtarō |
Minister of Local Government | Akita Daisuke |
Supplementary(Extract)
of the Amendments to the Basic Law on Measures for Mentally and Physically Handicapped Persons (1993 actNo.94)
1. Dates of enforcement
These Amendments to this Law(including the title thereof) shall come into force from the time of their promulgation on condition that—
(a) ARRANGEMENT OF SECTIONS(limited to the part of “The CP Policies Advancement Conference”);
(b) section 7-2.(CP Master Plan and others);
(c) sections 27.(1) and (2), 28.(2) and (4), and 30.; and
(d) supplementary 2. to 4.,
shall on such date as will be laid down in a cabinet order within limits not exceeding six months after the said time.
Premier | Miyazawa Kiichi |
Chancellor of the Exchequer | Hayashi Yoshirō |
Minister of Art and Science | Moriyama Mayumi |
Minister of Health and Welfare | Niwa Yūya |
Minister of Commerce and Industry | Mori Yoshirō |
Minister of Transportation | Ochi Ihei |
Minister of Postal Administration | Koizumi Jun’ichirō |
Minister of Labor | Murakami Masakuni |
Minister of Construction | Nakamura Kishirō |
Minister of Local Government | Murata Keijirō |