일본의 장해인법제에 관한 연구

This paper is a paper on the protection of the human rights of persons with disabilities in Japan, and discusses social security rights in particular. After World War II, Japan's countermeasures against the disabled began to help many children affected by the war. The Child Welfare Act of 1947, the Act on the Welfare of Persons with Disabilities of Persons with Disabilities in 1949, and the Mental Health Act of 1950 were enacted to strengthen medical care and protection for persons with mental disabilities and to promote social reintegration. In 1960, the Mental Delinquency Welfare Act (currently the Intellectual Disability Welfare Act) and the Act on the Promotion of Employment of Persons with Disabilities for the Promotion of Employment of Persons with Disabilities and Job Security of Persons with Disabilities were enacted. Although measures for persons with disabilities such as the enactment of these laws are steadily progressing, measures for physical, intellectual, and mental disabilities (the so-called three major disabilities) were being promoted within a separate structure, and measures were promoted centering on welfare in administrative fields such as employment, education, and medical care. As the demand for the enactment of basic laws to promote comprehensive measures for persons with physical and intellectual disabilities increased, the Framework Act on Measures for Persons with Disabilities was enacted in 1970 with the unanimous legislation of each party. This law was mainly aimed at people with physical and intellectual disabilities, but it was literally enacted as the Framework Act on the Countermeasures for Persons with Disabilities, and was commonly applied to individual laws related to persons with disabilities under the jurisdiction of various ministries and agencies. With the enactment of this law, the basic principles for promoting comprehensive policies for persons with disabilities were legally established for the first time in Japan. The name of this law was changed to the 'Janghae Popular Law', and problems were found, and the revision decided to include persons with developmental disabilities. Around the 1970s, the United Nations had an international impact by repeatedly voting on the promotion of policies for the disabled, but 1976 to 1981 was designated the World Year of the Disabled and each country was asked to take action. In December 1981, events and projects related to cabinet decisions on the Global Year of the Disabled led to a greater comprehensive implementation of the disabled policy. The 'Global Action Plan for the Disabled' was formalized, and 1983 to 1992 was defined as the '10 Years of the Disabled'. The Convention on the Rights of Persons with Disabilities, a comprehensive and comprehensive international treaty to protect and promote the rights and dignity of persons with disabilities, was adopted at the 61st UN General Assembly in December 2006 and took effect in May 2008 after eight rounds of negotiations from July 2002. Japan signed the Convention in September 2007 and ratified it in January 2014. In response to the opinion that a new National Action Plan for the Disabled should be established after the United Nations Decade for the Disabled (1993-2002) was adopted after Japan's co-sponsored Decade for the Disabled in Asia. In response, the Policy Headquarters pushed forward the Long-Term Plan for the Countermeasures of the Disabled over the next 10 years since 1993, further pushing forward the countermeasures for the disabled. In 1993, the Framework Act on the Countermeasures for the Disabled was amended to the Mental Body Disability Act. In addition, the Act on Support for Developmental Disability, Act on Support for Independence of Persons with Disabilities, Act on No Barriers, Act on Promotion of Disabled Persons, and Comprehensive Support for Persons with Disabilities were enacted to legally protect the disabled, further ensuring the human rights of the disabled.