Special Page: Comprehensive and integral international convention to promote and protect the rights and dignity of persons with disabilities

In 2011, the Basic Act for Persons with Disabilities of Japan was amended, and it specified the words as “language (including signs)”. It gave an official recognition that spoken Japanese is not a sole language of Japan. With the acknowledgement of ongoing discrimination against persons with disabilities, the Act for Eliminating Discrimination Against People with Disabilities was enacted in 2013. The act states the public administration is obliged to eliminate the discrimination. It was the non-binding obligation for private companies, now it turned to be the obligation.

In 2014, the Japanese government ratified CRPD, for the domestic laws had been ready to be compatible. Ratification is, in other words, a promise made between the Convention and the Japanese government. The government is responsible for reviewing the items and issues which were inquired by the UN Committee.

Since 2010, JFD claims the sign language legislation in Japan, and continues working with it.

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We, the DPOs, also carefully review the government report, to see if the explanation is accurate and correct. When we find the superficial description in the report, we will point it out and report it through parallel report.

In Japan, an assembly of 13 DPOs including JFD, that is, the Japan Disability Forum (JDF), had regular meeting once or twice a month to draft and develop the parallel report. UN Committee of the Rights of Persons with Disabilities (the Committee) thoroughly examines both of the report that the Japanese government submitted and the parallel report that we developed.

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For example, about the issues of the deaf people, education using sign language in deaf schools are instructed by teachers who do not have expertise in sign language, and oralism is still widely adapted. Dispatch system of sign language interpreters and their working conditions have much to be improved. We inform the Committee members of a range of barriers in the access to information. We use Japanese sign language, and it will be translated into spoken English.

After the committee members obtained such information, they check the government report and list up the key points, and submit LoI to the Japanese government, to further ask about these issues. Thus the lobbying plays an imperative role.

Toward the establishment of the sign language act, JFD has also informed the committee members of the needs for the enhancement of our surrounding environment, where sign language is ensured in every area of life, where we can access information at any time and any place, where we can use sign language. The Committee members acknowledged the issue: the Japanese government is yet to fully recognize sign language even after the ratification of CRPD, and they added it to the LoI to the Japanese government.

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In addition, many hearing people are yet to be familiar with sign language. Sign language has an equal status with spoken language: we need to create more and more opportunities to spread the idea. Sign language is as essential as spoken language is, so we requested to the Committee to include a recommendation that inclusion of sign language is a critical to build a people-friendly environment.

Article 21 states that the freedom of expression and opinion, and access to information should be ensured. In case of emergency, hearing people can access information they need and interact with it at any time and any place, so that they can be less prone to the troubles.

However, deaf people are stumbled to access information, face difficulties in making themselves understood, and their rights are not protected. Every person should be protected and respected on an equal basis, regardless the individual is hearing or not, thus the freedom of expression should be protected. So is the access to information.

For instance, when we use public transportation such as Japan Railway, bus, and airplane, we need to process a lot of information. When we come across accidents, and the related information flows in. We need to obtain the information without flaws, and understand what is says. We never know what happened as long as the access to information is stumbled. We will be left behind from the hearing people.

Home appliances are often designed solely for hearing clients, failing to include deaf clients. Deaf clients are not their priority, and this often happens to people with different disabilities. Freedom of expression should embrace every person with disabilities. So we requested to the Committee to include recommendation to organize the laws, to the Japanese government.

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Second, the sign language act is yet to be established, but an enactment of sign language ordinance by local government preceded, initiated by Tottori Prefecture in 2013. Until now, nearly 400 ordinances were enacted throughout the country. Local governments are positive in enacting their sign language ordinances, but it is the government’s task to enact the national sign language act. The government is, however, convinced that the job is done once the local government perform for the implementation of their ordinances. The government is yet to be determined to enact the sign language act, and in the reply to the Committee, only refers to sign language ordinances organized by local governments.

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Here are the items and issues we are hoping that the Committee recommends to the Japanese government: First, the enactment of the sign language act is essential, to ensure we can use and access in sign language without restraint in any areas of our living. Second, the sign language act will lead hearing people, particularly parents with deaf children and their educators to the appropriate understanding of deaf people and sign language.

Our parallel report includes the issues on sign language interpreters- their training, placement, and dispatch. Sign language interpretation, including consultancy in sign language, should be accessible 24/365, so that deaf people can safely sustain their living.

We would like the Committee to recommend to the Japanese government to organize such environment, so we included this issue in our second parallel report. Through the discussion after discussion by the JDF members, the opinions and ideas of the DPOs were organized and finally resulted in the parallel report.

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Some of the replies by the Japanese government did not convince us, and we will provide information to the Committee members about the undeveloped legal system. We are going to work on the Committee members to recommend the Japanese government on the enactment of the Sign Language Act and the Access to Information and Communication Act. We will work hard and lobby, for the protection of the life of deaf people, from children to seniors.

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In the next round for the CRPD review, we are also demanded to identify new issues and lead them into the solution. When society see its changes, new issues will be emergent. For instance – how about COVID-19? Before and after the pandemic, so many things have changed, and these changes brought many issues. For example, there were some cases that deaf people are refused to be admitted to a hospital during the pandemic, for there were no medical doctors nor nurses who know sign language and they were not able to communicate with deaf patients. Deaf people are left vulnerable. Their health and life are not fully protected. The review of the laws is the must.

As situation changes, new issues and challenges emerge. Organization of the legal system is essential for the solution of such issues and challenges. The laws should be amended each time they face the new issues. JFD collect your voices, demand the government to organize the laws, and lobbies to the Committee. JDF also collect voices of the DPOs, bind the ideas, be united, and lobbies to the government and the Committee.

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