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National Assembly Legislation

  • Disability Rights Protection Act
    • Competent Ministry : Ministry of Health and Welfare
    • Advance Publication of Legislation : 2019-09-11
    • Opinion Submission Deadline : 2019-09-25
Reasons for Proposal

The current Act on Welfare of Persons with Disabilities was enacted with the purpose of contributing to the welfare and social integration of persons with disabilities. It acted as a framework for the welfare of persons with disabilities, but its welfare support for persons with disabilities is based on a charitable and sympathetic viewpoint.
The current Act is also limited in its ability to capture future changes in the disability support paradigm, such as a shift toward community integration through deinstitutionalization and the abolition of the disability grading system.
Accordingly, this Act prescribes the establishment of national and regional commissions for persons with disabilities and otherwise strengthens the system for formulating welfare policies for persons with disabilities. It reinforces measures to support the prevention of human rights violations concerning persons with disabilities by introducing group litigations on disability rights violations. It further refines and reorganizes the delivery system for welfare services for persons with disabilities. It introduces a basic income and otherwise increases income security, thereby aiming to protect the rights of persons with disabilities and enable them to lead normal lives.

Details

A. Define “disability” as a state where complete and effective social participation is restricted due to an interaction between environmental factors such as cultural, physical, and institutional barriers in society and individual factors such as differences in physical and mental abilities, and define persons with any such disability as “persons with disabilities” (Article 2)
B. Reorganize the system for formulating policies for persons with disabilities by prescribing that the Minister of Health and Welfare shall formulate a disability policy master plan via deliberation by the National Commission for Persons with Disabilities, and that Mayors/Do Governors shall formulate regional disability policy master plans via deliberation by regional commissions for persons with disabilities, etc. (Articles 8 through 16)
C. Require that not only instances of abuse of persons with a disability but all disability rights violations be reported to an advocacy agency for persons with disabilities (Article 23)
D. Introduce a group litigation system where, in the event that interests concerning the life, health, or property of persons with disabilities have been directly violated and the violation continues, a private, non-profit organization requests a court to prohibit or stop the disability rights violation (Articles 32 through 38)
E. Require that the heads of si/gun/gu who have received a request to formulate an individual support plan provide such a plan for individual welfare services in support of the relevant person with disabilities at the regional support center for persons with disabilities (Article 63)
F. Prescribe that the State shall establish and operate a central support center for persons with disabilities to create an integrated welfare service support system for persons with disabilities; and that Mayors/Do Governors shall establish and operate regional support centers for persons with disabilities to ensure the smooth provision of welfare services to persons with disabilities in the region concerned (Article 71, Article 72)
G. Prescribe that the State and local governments shall support the basic livelihood of persons with disabilities aged 18 years or over by setting a standard income security for persons with disabilities at an amount computed by combining the livelihood benefit under Article 8 of the National Basic Living Security Act with the additional expenses due to disabilities announced each year by the Minister of Health and Welfare; and that the individual income security amount shall be paid each month after considering such factors as the individual incomes of persons with disabilities (Article 74)
H. Require the Minister of Land, Infrastructure and Transport, etc., to formulate policies to support housing for persons with disabilities. Prescribe that the State, etc., shall allocate not less than 3/100 of constructed rental housing to persons with disabilities and shall pay a housing allowance to householders who are eligible recipients of the disability pension, and otherwise prescribe matters to improve the housing environment of persons with disabilities (Articles 77 through 79).
I. Require that the State and local governments take measures concerning relocation to enable persons with disabilities to lead independent lives in the community. Prescribe matters concerning the establishment of independent living homes and deinstitutionalization support centers for persons with disabilities, formulation of deinstitutionalization support plans, support with asset-building for persons eligible for deinstitutionalization, and establishment of independent living support centers for persons with disabilities (Articles 84 through 93).
J. Protect the health and safety of persons with disabilities by prescribing matters concerning assistance with medical expenses, designation of base hospitals for persons with disabilities, provision of assistive devices, preparation of safety measures against safety accidents and emergency disasters, designation of disaster evacuation facilities for persons with disabilities, disaster safety training, and the locating of and support for missing persons with disabilities (Articles 94 through 101).
K. Prescribe matters concerning the formulation of policies on the establishment of convenience facilities for persons with disabilities, assistance with children’s educational expenses, exercise of political rights, and mobility assistance, etc. (Article 102 through 110)
L. Require that the State and local governments formulate culture and entertainment support plans, encourage participation in culture and the arts, prepare policies to support tourism and travel activities, promote leisure activities, and prepare measures to support rehabilitation sports, etc. (Articles 111 through 117)
M. Allow the heads of local governments to designate welfare facilities for persons with disabilities as welfare service provision agencies. Restrict the employment of persons with a sexual crime at welfare service provision agencies, and require the Minister of Health and Welfare to set minimum service standards for welfare service provision agencies (Articles 131 through 134).

Major Provisions

Enacted to protect the rights of persons with disabilities

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